[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31166-31169]
[FR Doc No: 2023-10330]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1171; Project Identifier AD-2022-00852-T;
Amendment 39-22417; AD 2023-08-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-05-06
and AD 2021-08-19, which both applied to certain The Boeing Company
Model 787-8, -9, and -10 airplanes. AD 2018-05-06 required repetitive
inspections of the bilge barriers located in the forward and aft cargo
compartments for disengaged decompression panels, and reinstalling any
disengaged panels; and required replacing the existing decompression
panels with new panels and straps, which terminated the repetitive
inspections. AD 2021-08-19 required repetitive general visual
inspections for disengaged or damaged decompression panels of the bilge
barriers located in the forward and aft cargo compartments,
reinstallation of disengaged but undamaged panels, and replacement of
damaged panels. This AD was prompted by reports of multiple incidents
of torn decompression panels found in the bilge area, and the
development of new procedures for changing or replacing the bilge
barrier assembly in the forward and aft cargo compartments. This AD
retains the requirements of AD 2021-08-19 and requires changing or
replacing the bilge barrier assembly in the forward and aft cargo
compartments, which terminates the repetitive inspections. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 20, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 20,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1171; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-1171.

FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3569; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-08-19, Amendment 39-21513 (86 FR
20440, April 20, 2021) (AD 2021-08-19). AD 2021-08-19 applied to all
The Boeing Company Model 787-8, -9, and -10 airplanes. The NPRM
published in the Federal Register on December 6, 2022 (87 FR 74524).
The NPRM was prompted by reports of multiple incidents of torn
decompression panels being found in the bilge area, and the development
of new procedures for changing or replacing the bilge barrier assembly
in the forward cargo compartment. In the NPRM, the FAA proposed to
retain the requirements of AD 2021-08-19 and require changing or
replacing the bilge barrier assembly in the forward and aft cargo
compartments, which would terminate the repetitive inspections. The FAA
is issuing this AD to address the possibility of leakage in the bilge
area, which could, in the event of a cargo fire, result in insufficient
Halon concentrations to adequately control the fire. This condition, if
not addressed, could result in the loss of continued safe flight and
landing of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA) and United Airlines (UAL), who supported the NPRM
without change.
    The FAA received additional comments from three commenters,
including American Airlines (AAL), Boeing, and JAL Engineering Co.,
Ltd. (JAL). The following presents the comments received on the NPRM
and the FAA's response to each comment.

Request To Change Applicability

    AAL, Boeing, and JAL requested that the applicability be limited to
airplanes identified in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022. The commenters stated
that the required actions had already been accomplished in-production
via Boeing Change Notice (CN) AA85484 Part A for the airplanes not
identified in Boeing Alert Requirements Bulletin B787-81205-SB500011-00
RB, Issue 001, dated May 10, 2022. JAL added that CN AA85484 Part A was
approved as an alternative method of compliance (AMOC) to the

repetitive inspections required by paragraph (g) of AD 2021-08-19.
    The FAA agrees to the requested change for the reasons provided.
Paragraph (c) of this AD has been changed accordingly.

Request To Correct Certain Preamble Wording

    AAL and Boeing requested that two sentences in the proposed AD
specifying ``procedures for changing or replacing the bilge barrier
assembly in the forward cargo compartment'' be revised to specify the
``forward and aft cargo compartments.'' Boeing requested the wording be
changed in the SUMMARY, while AAL requested the wording be changed in
the ``Actions Since AD 2021-08-19'' paragraph of the proposed AD. Both
commenters pointed out that the modification referenced in the
paragraph also applies to the aft cargo compartment.
    The FAA agrees to change the wording as requested in the SUMMARY,
but notes that this final rule does not contain the ``Actions Since AD
2021-08-19'' paragraph.

Request To Supersede Additional AD

    AAL and Boeing requested that the proposed AD replace (supersede)
AD 2018-05-06, Amendment 39-19215 (83 FR 9688, March 7, 2018)(AD 2018-
05-06) as well as AD 2021-08-19. AAL stated that Boeing Alert
Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May
10, 2022, refers to both AD 2018-05-06 and AD 2021-08-19. Boeing added
that Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB,
Issue 001, dated May 10, 2022, states that it is an alternative method
of compliance (AMOC) to AD 2018-05-06.
    The FAA agrees that AD 2018-05-06 should also be superseded by this
AD, and notes that AD 2018-05-06 required replacing decompression
panels with panels having part numbers that are now obsolete. This AD
has been revised to specify that it also supersedes AD 2018-05-06.

Request To Allow Certain AMOCs

    AAL requested that the AMOCs approved for AD 2018-05-06 be approved
as AMOCs for the proposed AD. AAL stated that it understands that
paragraph D., ``Approval'' of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, contains a global
AMOC for AD 2018-05-06 and AD 2021-08-19.
    The FAA agrees to clarify. The FAA acknowledges that the AMOC in
FAA approval letter 785-22-5682 grants approval of Boeing Alert
Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May
10, 2022, as an AMOC to the requirements of paragraph (i) of AD 2018-
05-06. However, that AMOC does not apply to this AD because this AD
requires accomplishing the actions in Boeing Alert Requirements
Bulletin B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022. The
only other AMOC for AD 2018-05-06 (FAA approval letter 785-21-4492a)
allows installing now obsolete part numbers for the decompression
panels, and would therefore not be appropriate to apply to this AD.
Also, as previously discussed, this AD has been revised to specify that
it now supersedes AD 2018-05-06. The FAA has not changed this AD
regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022. This service information
specifies procedures for changing or replacing the bilge barrier
assembly in the forward cargo compartments at stations (STA) 345 and
825 and aft cargo compartment at STA 1304. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 135 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                  Labor cost           Parts cost         Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspections           3 work-hours x     $0....................  $255 per           $34,425 per
 (retained actions).              $85 per hour =                             inspection cycle.  inspection
                                  $255 per                                                      cycle.
                                  inspection cycle.
Change or replace bilge barrier  Up to 7 work-      Up to $12,100.........  Up to $12,695....  Up to $1,713,825.
 (new proposed action).           hours x $85 per
                                  hour = $595.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement (retained requirement)............  1 work-hour x $85 per hour = $85             (*)             $85
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts costs estimates for the replacements.

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2018-05-06, Amendment 39-19215
(83 FR 9688, March 7, 2018); and AD 2021-08-19, Amendment 39-21513 (86
FR 20440, April 20, 2021); and
0
b. Adding the following new AD:

2023-08-02 The Boeing Company: Amendment 39-22417; Docket No. FAA-
2022-1171; Project Identifier AD-2022-00852-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 20, 2023.

(b) Affected ADs

    This AD replaces AD 2018-05-06, Amendment 39-19215 (83 FR 9688,
March 7, 2018) (AD 2018-05-06); and AD 2021-08-19, Amendment 39-
21513 (86 FR 20440, April 20, 2021) (AD 2021-08-19).

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, -9, and -10
airplanes, certificated in any category, as identified in Boeing
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001,
dated May 10, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 50, Cargo and
accessory compartments.

(e) Unsafe Condition

    This AD was prompted by reports of multiple incidents of torn
decompression panels being found in the bilge area, and the
development of new procedures for changing or replacing the bilge
barrier assembly in the forward cargo compartment. The FAA is
issuing this AD to address the possibility of leakage in the bilge
area, which could, in the event of a cargo fire, result in
insufficient Halon concentrations to adequately control the fire.
This condition, if not addressed, could result in the loss of
continued safe flight and landing of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections and Corrective Action With No
Changes

    This paragraph restates the requirements of paragraph (g) of AD
2021-08-19 with no changes. At the applicable times specified in
paragraph (g)(1) or (2) of this AD: Do a general visual inspection
for disengaged or damaged (torn) decompression panels of the bilge
barriers located in the forward and aft cargo compartments. If any
disengaged but undamaged panel is found: Before further flight,
reinstall the panel. If any damaged panel is found: Before further
flight, replace the panel with a new or serviceable panel.
Reinstallations and replacements must be done in accordance with the
operator's maintenance or inspection program, as applicable.
    (1) If a general visual inspection for disengaged or damaged
(torn) decompression panels of the bilge barriers was done before
May 5, 2021 (the effective date of AD 2021-08-19): Do the next
inspection within 4 calendar months after the most recent
inspection. Repeat the inspection thereafter at intervals not to
exceed 4 calendar months.
    (2) If a general visual inspection for disengaged or damaged
(torn) decompression panels of the bilge barriers was not done
before May 5, 2021 (the effective date of AD 2021-08-19): Do the
initial inspection within 30 days after May 5, 2021. Repeat the
inspection thereafter at intervals not to exceed 4 calendar months.

(h) Retained MEL Provisions With No Changes

    This paragraph restates the provisions of paragraph (h) of AD
2021-08-19 with no changes. If any decompression panel inspected as
required by this AD is disengaged or damaged, the airplane may be
operated as specified in the operator's existing FAA-approved
minimum equipment list (MEL), provided provisions that address the
disengaged or damaged decompression panels are included in the MEL.

(i) New Required Actions

    Except as specified by paragraph (j) of this AD: At the
applicable times specified in the ``Compliance,'' paragraph of
Boeing Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue
001, dated May 10, 2022, do all applicable actions identified in,
and in accordance with, the Accomplishment Instructions of Boeing
Alert Requirements Bulletin B787-81205-SB500011-00 RB, Issue 001,
dated May 10, 2022. Accomplishing the actions required by this
paragraph terminates the repetitive inspections required by
paragraph (g) of this AD.
    Note 1 to paragraph (i): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB500011-00, Issue 001, dated May 10, 2022, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB500011-00 RB, Issue 001, dated May 10, 2022.

(j) Exceptions to Service Information Specifications

    Where the Compliance Time column of the table in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB500011-00 RB, Issue 001, dated May 10, 2022, uses the phrase
``the Issue 001 date of Requirements Bulletin B787-81205-SB500011-00
RB,'' this AD requires using ``the effective date of this AD.''

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (l)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.

    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2021-08-19 are approved as AMOCs for
the corresponding provisions of Boeing Alert Requirements Bulletin
B787-81205-SB500011-00 RB, Issue 001, dated May 10, 2022, that are
required by paragraph (i) of this AD.

(l) Related Information

    (1) For more information about this AD, contact Brandon Lucero,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin B787-81205-SB500011-00
RB, Issue 001, dated May 10, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10330 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 17, 2008 (Volume 73, Number 117)]
[Notices]
[Page 34292-34293]
[DOCID:fr17jn08-49]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0716; FRL-8580-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; TSCA Section 4 Test Rules,
Consent Orders, Test Rule Exemptions, and Voluntary Data Submission;
EPA ICR No. 1139.08, OMB No. 2070-0033

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (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 activity and its expected burden
and costs.

DATES: Additional comments may be submitted on or before July 17, 2008.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2007-0716 to (1) EPA online using www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:
Document Control Office (DCO), Office of Pollution Prevention and
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: 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: Barbara Cunningham, Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; 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 November 14, 2007 (72 FR 64075), EPA sought comments on
this renewal ICR pursuant to 5 CFR 1320.8(d). EPA received no
substantive comments during the comment period. Any comments related to
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-OPPT-2007-0716 which is available for online viewing at
http://www.regulations.gov, or in person inspection at the OPPT Docket
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center 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 Pollution Prevention and
Toxics Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov

to submit or view public comments, access the index listing of the
contents of the public 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: TSCA Section 4 Test Rules, Consent Orders, Test Rule
Exemptions, and Voluntary Data Submission.
    ICR Numbers: EPA ICR No. 1139.08, OMB Control No. 2070-0033.
    ICR Status: This ICR is currently scheduled to expire on June 30,
2008. 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: Section 4 of the Toxic Substances Control Act (TSCA) is
designed to assure that chemicals that may pose serious risks to human
health or the environment undergo testing by manufacturers or
processors, and that the results of such testing are made available to
EPA. EPA uses the information collected under the authority of TSCA
section 4 to assess risks associated with the manufacture, processing,
distribution, use or disposal of a chemical, and to support any
necessary regulatory action with respect to that chemical.
    EPA must assure that appropriate tests are performed on a chemical
if it decides: (1) That a chemical being considered under TSCA section
4(a) may pose an ``unreasonable risk'' or is produced in
``substantial'' quantities that may result in substantial or
significant human exposure or substantial environmental release of the
chemical; (2) that additional data are needed to determine or predict
the impacts of the chemical's manufacture, processing, distribution,
use or disposal; and (3) that testing is needed to develop such data.
Rules and consent orders under TSCA section 4 require that one
manufacturer or processor of a subject chemical perform the specified
testing and report the results of that testing to EPA. TSCA section 4
also allows a manufacturer or processor of a subject chemical to apply
for an exemption from the testing requirement if that testing will be
or has been performed by another party. This information collection
applies to reporting and recordkeeping activities associated with the
information that EPA requires industry to provide in response to TSCA
section 4 test rules, consent orders, test rule exemptions and other
data submissions.
    Responses to the collection of information are mandatory (see 40
CFR part 790). Respondents may claim all or part of a notice as CBI.
EPA will disclose information that is covered by a CBI claim only to
the extent permitted by, and in accordance with, the procedures in 40
CFR part 2.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 232
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; 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: Entities potentially affected by
this action are persons who manufacture, process or import, use,
distribute or dispose of one or more specified chemical substances.
    Frequency of Collection: On occasion.
    Estimated No. of Respondents: 58.
    Estimated Total Annual Burden on Respondents: 151,962 hours.
    Estimated Total Annual Costs: $5,845,639.
    Changes in Burden Estimates: There is a net decrease of 51,052
hours (from 203,014 hours to 151,962 hours) in the total estimated
respondent burden compared with that currently in the OMB inventory.
This decrease reflects EPA's revised estimates of the number of test
rules and consent orders that the Agency expects to issue in the
future, as well as revised estimates of the amount of testing still to
be done under EPA's HPV Challenge program. The Supporting Statement
includes detailed analyses of these revised estimates. This change is
an adjustment.

    Dated: June 9, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. E8-13612 Filed 6-16-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Rules and Regulations]
[Pages 44809-44811]
[FR Doc No: 2011-18834]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0461; FRL-9439-1]

Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District and Feather River Air Quality
Management District

ACTION: Final rule.

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

SUMMARY: EPA is finalizing a limited approval and limited disapproval
of permitting rules submitted for the Placer County Air Pollution
Control District (PCAPCD) and Feather River Air Quality Management
District (FRAQMD) portions of the California State Implementation Plan
(SIP). These revisions were proposed in the Federal Register on May 19,
2011 and concern New Source Review (NSR) permit programs for new and
modified major stationary sources of air pollution. We are approving
local rules that regulate these emission sources under the Clean Air
Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on August 26, 2011.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0461 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents are listed at http://www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps, multi-volume reports), and
some may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415)
972-3534<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On May 19, 2011 (76 FR 28944), EPA proposed a limited approval and
limited disapproval of the following rules that were submitted for
incorporation into the California SIP.

----------------------------------------------------------------------------------------------------------------
              Local agency                  Rule No.              Rule title              Amended     Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD..................................          502  New Source Review..............  \1\ 2/11/10      7/20/10
FRAQMD..................................         10.1  New Source Review..............      10/5/09      7/20/10
----------------------------------------------------------------------------------------------------------------
\1\ The proposed notice incorrectly stated that the amended date was October 28, 2010.

    We proposed a limited approval because we determined that these
rules improve the SIP and are largely consistent with the applicable
CAA requirements. We simultaneously proposed a limited disapproval
because some rule provisions do not satisfy the requirements of section
110 and part D of the Act. Specifically:
     Both rules are missing definitions for the terms ``begin
actual construction,'' ``commence'' and ``necessary preconstruction
approvals or permits.''
     Both rules are missing provisions meeting the requirements
of 40 CFR 51.165(a)(5)(ii).
     Placer Rule 502 is missing a definition for the term
``Federally enforceable.''
    Our proposed rule and related Technical Support Document (TSD)
contain more information on the basis for this rulemaking and on our
evaluation of the submittal.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our basis for proposing a
limited approval and limited disapproval of the submitted rules.
Therefore, under CAA sections 110(k)(3) and 301(a) and for the reasons
set forth in our May 19, 2011 proposed rule, we are finalizing a
limited approval and limited disapproval of PCAPCD Rule 502 and FRAQMD
Rule 10.1. We are finalizing a limited approval of the submitted rules
because we continue to believe that the rules improve the SIP and are
largely consistent with applicable CAA requirements. This action
incorporates the submitted rules into the District portion of the
California SIP, including those provisions identified as deficient. As
authorized under sections 110(k)(3) and 301(a), EPA is simultaneously
finalizing a limited disapproval of PCAPCD Rule 502 and FRAQMD Rule
10.1. As a result, sanctions will be imposed unless EPA approves
subsequent SIP revisions that correct the rule deficiencies within 18
months of the effective date of this action. These sanctions will be
imposed under section 179 of the Act according to 40 CFR 52.31. In
addition, EPA must promulgate a Federal implementation plan (FIP) under
section 110(c) unless we approve subsequent SIP revisions that correct
the rule deficiencies within 24 months. Note that the submitted rules
have been adopted by the PCAPCD and the FRAQMD, and EPA's final limited
disapproval does not prevent the local agency from enforcing it. The
limited disapproval also does not prevent any portion of the rule from
being incorporated by reference into the Federally enforceable SIP, as
discussed in a July 9, 1992 EPA memo found at: http://www.epa.gov/nsr/ttnnsr01/gen/pdf/memo-s.pdf.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.

    This rule will not have a significant impact on a substantial
number of small entities because SIP approvals and limited approvals/
limited disapprovals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because
this limited approval/limited disapproval action does not create any
new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or Tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the limited approval/limited disapproval
action promulgated does not include a Federal mandate that may result
in estimated costs of $100 million or more to either State, local, or
Tribal governments in the aggregate, or to the private sector. This
Federal action approves pre-existing requirements under State or local
law, and imposes no new requirements. Accordingly, no additional costs
to State, local, or Tribal governments, or to the private sector,
result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects 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, as specified in Executive Order 13132, because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
Tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on Tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it approves a
State rule implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.

    EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

K. Congressional Review Act

    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 rule 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.
section 804(2). This rule will be effective on August 26, 2011.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 26, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: June 30, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(381)(i)(E) and
(F) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (381) * * *
    (i) * * *
    (E) Placer County Air Pollution Control District.
    (1) Rule 502, ``New Source Review,'' as adopted on February 11,
2010.
    (F) Feather River Air Quality Management District.
    (1) Rule 10.1, ``New Source Review,'' as amended on October 5,
2009, except section C, as adopted on February 8, 1993.
* * * * *
[FR Doc. 2011-18834 Filed 7-26-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Rules and Regulations]
[Pages 27490-27493]
[FR Doc No: 2014-10968]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2014-0164; FRL-9910-69-Region 7]

Approval and Promulgation of Implementation Plans; State of Iowa;
Ambient Air Quality Standards, and Controlling Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for

the state of Iowa. These revisions amend the SIP to include revisions
to Iowa air quality rules necessary to allow for implementation of
revised National Ambient Air Quality Standards (NAAQS) for fine
particulate matter (PM2.5), lead, and sulfur dioxide
(SO2) as they apply to construction permit exemptions. The
spray booth ``permit by rule'' is revised to add content limits for
lead-containing spray materials. The updated Federal references to the
revised NAAQS are also included in this revision. The revisions improve
the stringency of the SIP.
    EPA is also approving revisions to the Iowa Title V Operating
Permits Program to modify requirements for insignificant activities.
The changes correspond to the revisions to the construction permit
exemptions amended with this SIP revision.

DATES: This direct final rule is effective July 14, 2014, without
further notice, unless EPA receives adverse comment by June 13, 2014.
If EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0164, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Amy Algoe-Eakin, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0164. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site 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 email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured 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.
    Docket: All documents in the docket are listed in the
www.regulations.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
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 to 4:30
excluding legal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is amending the SIP to include revisions to Iowa air quality
rules and the Title V program. EPA is approving revisions for Chapter
22 ``Controlling Pollution'' of 567 Iowa Administrative Code and
revisions to Chapter 28 ``Ambient Air Quality Standards'' of 567 Iowa
Administrative Code. These rules have been revised to account for
changes made by EPA to the NAAQS for PM2.5, lead (Pb), and
SO2.
    Chapter 22 revisions include: (1) Modifications to the list of
construction permitting exemptions to set appropriate emission
thresholds and operating conditions for PM2.5 and Pb; (2)
updates to the ``insignificant activities'' to set appropriate emission
thresholds and operating permit conditions for PM2.5 and Pb;
and (3) revisions to permit by rule for spray booths which add the
maximum lead content limits for lead-containing sprayed materials,
which apply to new facilities or new uses of lead spray materials for
operations for owner- or operator-initiated construction, installation,
reconstruction or alteration after October 23, 2013. Chapter 28 is
revised to remove particulate matter (PM10) as a surrogate
for the annual standard of the PM2.5 NAAQS, and adopt by
reference the 2010 SO2 NAAQS.
    EPA is also approving revisions to the Iowa Title V Operating
Permits program to modify requirements for insignificant activities as
related to operating permits. The changes correspond to the revisions
to the construction permit exemptions amended with this SIP revision.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.

III. What action is EPA taking?

    EPA is approving revisions to the SIP for the State of Iowa. These
revisions amend the SIP to include revisions to Iowa air quality rules
necessary to allow for implementation of new and revised NAAQS for
PM2.5, lead, and SO2 as they apply to
construction permit exemptions. The spray booth ``permit by rule'' is
revised to add content limits for lead-containing spray materials. The
updated Federal references for the revised NAAQS are also included in
this revision. All revisions are approved as they do not adversely
impact air quality in the state of Iowa and do not relax the SIP.
    EPA is also approving revisions to the Iowa Title V Operating
Permits Program to modify requirements for insignificant activities.
The changes correspond to

revisions to the construction permit exemptions amended in the SIP. We
are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).This action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). Thus Executive Order 13132 does not apply
to this action. This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997) because it approves a state rule implementing a
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5
CFR 1320.3(b).
    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 rule 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 July 14, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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.
Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the proposed rules section of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the final rulemaking.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Operating permits, Reporting and recordkeeping
requirements.

    Dated: April 29, 2014.
Karl Brooks,
Regional Administrator, Region 7.

    Chapter I, title 40 of the Code of Federal Regulations 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 Q--Iowa

0
2. In Sec.  52.820, the table in paragraph (c) is amended by revising
the entries for ``567-22.1'', ``567-22.8'', and ``567-28.1'' to read as
follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          Iowa citation                  Title            effective      EPA approval date       Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1........................  Permits Required           10/23/13  5/14/14 [insert
                                   for New or                           Federal Register
                                   Existing                             page number where
                                   Stationary.                          the document
                                                                        begins].

                                                  * * * * * * *
567-22.8........................  Permits By Rule....        10/23/13  5/14/14 [insert
                                                                        Federal Register
                                                                        page number where
                                                                        the document
                                                                        begins]

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1........................  Statewide Standards        10/23/13  5/14/14 [insert       ...................
                                                                        Federal Register
                                                                        page number where
                                                                        the document
                                                                        begins]

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMITS PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (p) under
``Iowa'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Iowa

* * * * *
    (p) The Iowa Department of Natural Resources submitted for
program approval revisions to 567-22.103(455B) revised insignificant
activities which must be included in Title V Operating permit
applications. These revisions to the Iowa program are approved
effective July 14, 2014.
* * * * *
[FR Doc. 2014-10968 Filed 5-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Proposed Rules]
[Pages 83776-83777]
[FR Doc No: 2016-27854]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0544; FRL-9955-36-OAR]

Notice of Opportunity to Comment on Proposed Denial of Petitions
for Rulemaking To Change the RFS Point of Obligation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Petitions for rulemaking.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to deny
several petitions requesting that EPA initiate a rulemaking process to
reconsider or change its regulations that identify refiners and
importers of gasoline and diesel fuel as the entities responsible for
complying with the annual percentage standards adopted under the
Renewable Fuel Standard (RFS) program. EPA is providing an opportunity
for the public to comment on the petitions we have received and on our
proposed denial of the requests to initiate rulemaking.

DATES: Written comments must be received on or before January 23, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0544, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

(A) What should I consider as I prepare my comments for EPA?

    Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. 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.
    Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     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.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    On March 26, 2010, the EPA issued a final rule (75 FR 14670)
establishing regulatory amendments to the renewable fuel standards
(``RFS'') program regulations to reflect statutory amendments to
Section 211(o) of the Clean Air Act enacted as part of the Energy
Independence and Security Act of 2007. These amended regulations
included 40 CFR 80.1406, imposing the obligation for compliance with
the RFS annual standards on refiners and importers of gasoline and
diesel fuel. These entities are referred to in the RFS regulations as
``obligated parties.'' Beginning in 2014, and continuing to the
present, obligated parties and other stakeholders have questioned
whether 40 CFR 80.1406 should be amended, and a number of them have
filed formal petitions for reconsideration or revision of the
definition of ``obligated party'' in 40 CFR 80.1406, or petitions for
rulemaking to amend the provision. On January 27, 2014, Monroe Energy
LCC (``Monroe'') filed a ``petition to revise'' 40 CFR 80.1406 to
change the RFS point of obligation, and on January 28, 2016, Monroe
filed a ``petition for reconsideration'' of the regulation. On February
11, 2016, Alon Refining Krotz Springs, Inc.; American Refining Group,
Inc.; Calumet Specialty Products Partners, L.P.; Lion Oil Company;
Ergon-West Virginia, Inc.; Hunt Refining Company; Placid Refining
Company LLC; U.S. Oil & Refining Company (the ``Small Refinery Owners
Ad Hoc Coalition'') filed a petition for reconsideration of 40 CFR
80.1406. On February 12, 2016, Valero Energy Corporation and its
subsidiaries (``Valero'') filed a ``petition to reconsider and revise''
the rule. On June 13, 2016, Valero submitted a petition for rulemaking
to change the definition of ``obligated party.'' On August 4, 2016, the
American Fuel and Petrochemical Manufacturers (``AFPM'') filed a
petition for rulemaking to change the definition of ``obligated
party.'' On September 2, 2016, Holly Frontier also filed a petition for
rulemaking to change the definition of ``obligated party.'' The
petitions, comments received to date on the petitions, and EPA's draft
analysis are available in a public docket that EPA has established for
this Notice under Docket ID No. EPA-HQ-OAR-2016-0544.

III. What information is EPA particularly interested in?

    The petitioners all seek to have the point of obligation shifted
from refiners and importers, but differ somewhat in their suggestions
for alternatives. Some request that EPA shift the point of obligation
from refiners and importers to those parties that blend renewable fuel
into transportation fuel. Others suggest that it be shifted to those
parties that hold title to the gasoline or diesel fuel immediately
prior to the sale of these fuels at the terminal (these parties

are commonly called the position holders), or to ``blenders and
distributors.'' All petitioners argue, among other things, that
shifting the point of obligation to parties downstream of refiners and
importers in the fuel distribution system would align compliance
responsibilities with the parties best positioned to make decisions on
how much renewable fuel is blended into the transportation fuel supply
in the United States. Some of the petitioners further claim that
changing the point of obligation would result in an increase in the
production, distribution, and use of renewable fuels in the United
States and would reduce the cost of transportation fuel to consumers.
    In the draft analysis available in the docket referenced above
(Docket ID No. EPA-HQ-OAR-2016-0544), we present our rationale for
proposing to deny the requests to initiate a rulemaking on the issue.
In evaluating this matter, EPA's primary consideration is whether or
not a change in the point of obligation would improve the effectiveness
of the program to achieve Congress's goals. At the same time, EPA
believes that a change in the point of obligation would be a
substantial disruption that has the potential to undermine the success
of the RFS program, as a result of increasing instability and
uncertainty in programmatic obligations. We believe that the proponents
of such a change bear the burden of demonstrating that the benefits are
sufficiently large and likely that the disruption associated with such
a transition would be worthwhile.
    We believe that the current structure of the RFS program is working
to incentivize the production, distribution, and use of renewable
transportation fuels in the United States, while providing obligated
parties a number of options for acquiring the RINs they need to comply
with the RFS standards. We do not believe that petitioners have
demonstrated that changing the point of obligation would likely result
in increased use of renewable fuels. Changing the point of obligation
would not address challenges associated with commercializing cellulosic
biofuel technologies and the marketplace dynamics that inhibit the
greater use of fuels containing higher levels of ethanol, two of the
primary issues that inhibit the rate of growth in the supply of
renewable fuels today. Changing the point of obligation could also
disrupt investments reasonably made by participants in the fuels
industry in reliance on the regulatory structure the agency established
in 2007 and reaffirmed in 2010. While we do not anticipate a benefit
from changing the point of obligation, we do believe that such a change
would significantly increase the complexity of the RFS program, which
could negatively impact its effectiveness. In the short term we believe
that initiating a rulemaking to change the point of obligation could
work to counter the program's goals by causing significant confusion
and uncertainty in the fuels marketplace. Such a dynamic would likely
cause delays to the investments necessary to expand the supply of
renewable fuels in the United States, particularly investments in
cellulosic biofuels, the category of renewable fuels that Congress
envisioned would provide the majority of volume increases in future
years.
    In addition, changing the point of obligation could cause
restructuring of the fuels marketplace as newly obligated parties alter
their business practices to purchase fuel under contract ``below the
rack'' instead of ``above the rack'' to avoid the compliance costs
associated with being an obligated party under the RFS program. We
believe these changes would have no beneficial impact on the RFS
program or renewable fuel volumes and would decrease competition among
parties that buy and sell transportation fuels at the rack, potentially
increasing fuel prices for consumers and profit margins for refiners,
especially those not involved in fuel marketing. EPA is also not
persuaded, based on our analysis of available data, including that
supplied by petitioners, by their arguments that they are disadvantaged
compared to integrated refiners in terms of their costs of compliance,
nor that other stakeholders such as unobligated blenders are receiving
windfall profits.
    EPA specifically requests comments that address whether or not
changing the point of obligation in the RFS program would be likely to
significantly increase the production, distribution, and use of
renewable fuels as transportation fuel in the United States, as well as
any data that can substantiate such claims. We also seek comment on any
of the issues discussed here and in the more complete draft analysis of
the petitions available in the docket referenced above, including EPA's
authority to place the point of obligation on distributors and position
holders; the significance of limiting the number and nature of
obligated parties; the number of parties that are currently blenders or
position holders; the extent to which blenders and position holders may
be small businesses for whom designation as an obligated party would be
particularly burdensome; whether it is likely that current renewable
fuel blenders and/or position holders would reposition themselves in
the market to avoid RFS obligations if designated as obligated parties
and the likely impact of such repositioning; the significance of
transitional issues and potential regulatory uncertainty that would
result from changing the point of obligation; and the extent to which a
change in the point of obligation could lead to unintended market
changes or consequences.

    Dated: November 10, 2016.
Janet McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2016-27854 Filed 11-21-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Page 57731]
[FR Doc No: 2021-22636]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice of Surplus Property Release; Spokane International
Airport, Spokane, Washington

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release surplus property.

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

SUMMARY: Under FAA regulations, notice is being given that the FAA is
considering a request from the City of Spokane, Washington and the
County of Spokane, Washington, to waive the surplus property
requirements for approximately 20 acres of airport property located at
Spokane International Airport, in Spokane, Washington. The subject
property is located in the southeast section of the airport within the
Airport Business Park. This release will allow the City and the County
to sell 1 parcel of airport property to King Beverage and to construct
a distribution facility and light industrial use. There will be
proceeds generated from the proposed release of this property for
capital improvements at the airport. The City and County will receive
not less than fair market value for the property and the revenue
generated from the sale will be used for airport purposes. It has been
determined through study that the subject parcel will not be needed for
aeronautical purposes.

DATES: Comments are due within 30 days of the date of the publication
of this notice in the Federal Register. Emailed comments can be
provided to Ms. Mandi M. Lesauis, Program Specialist, Seattle Airports
District Office, [email protected].

FOR FURTHER INFORMATION CONTACT: Mandi M. Lesauis, Program Specialist,
Seattle Airports District Office, [email protected], (206) 231-
4140.

    Issued in Des Moines, Washington, on October 13, 2021.
Warren D. Ferrell,
Acting Manager, Seattle Airports District Office.
[FR Doc. 2021-22636 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Rules and Regulations]
[Page 61059-61060]
[DOCID:fr29oc07-9]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-07-152]

Drawbridge Operation Regulations; Kennebec River, Bath and
Woolwich, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Carlton Bridge across the Kennebec River at mile 14.0, between Bath and
Woolwich, Maine. Under this temporary deviation the Carlton Bridge may
remain in the closed position to facilitate bridge painting operations
from 6:30 a.m. to 6:30 p.m. on November 5, 6, 12, 13, 19, 20, 26, 27,
and December 3, 4, 10, 11, 17, and 18, 2007. Vessels that can pass
under the draw without a bridge opening may do so at all times. This
deviation is necessary to facilitate bridge painting.

DATES: This deviation is effective from 6:30 a.m. on November 5, 2007
through 6:30 p.m. on December 18, 2007.

ADDRESSES: Materials referred to in this document are available for
inspection or copying at the First Coast Guard District, Bridge Branch
Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7
a.m. and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>. The First Coast Guard District
Bridge Branch Office maintains the public docket for this temporary
deviation.

FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First
Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Carlton Bridge, across the Kennebec
River, mile 14.0, between Bath and Woolwich, Maine, has a vertical
clearance in the closed position of 10 feet at mean high water and 16
feet at mean low water. The existing drawbridge operation regulations
are listed at 33 CFR 117.525.
    The owner of the bridge, Maine Department of Transportation,
requested a temporary deviation to facilitate bridge painting
operations at the Carlton Bridge. The bridge rarely opens for vessel
traffic in November and December.
    Under this temporary deviation the Carlton Bridge need not open for
the passage of vessel traffic between 6:30 a.m. and 6:30 p.m. on the
days of November 5, 6, 12, 13, 19, 20, 26, 27, and December 3, 4, 10,
11, 17, and 18, 2007. Vessels that can pass under the bridge without a
bridge opening may do so at all times.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
    Should the bridge maintenance authorized by this temporary
deviation be completed before the end of the effective period published
in this notice, the Coast Guard will rescind the remainder of this
temporary deviation, and the bridge shall be returned to its normal
operation schedule.
    Notice of the above action shall be provided to the public in the
Local Notice to Mariners and the Federal Register, where practicable.

    Dated: October 15, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District. 4 1
 [FR Doc. E7-21244 Filed 10-26-07; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33891-33892]
[FR Doc No: 2023-11164]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-1778]

Endocrinologic and Metabolic Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

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

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

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

DATES: The meeting will be held virtually on June 28, 2023, from 9:30
a.m. to 5:30 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings may be accessed
at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2022-N-1778. Please note that late, untimely
filed comments will not be considered. The docket will close on June
27, 2023. The https://www.regulations.gov electronic filing system will
accept comments until 11:59 p.m. Eastern Time at the end of June 27,
2023. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are received on or
before that date.
    Comments received on or before June 14, 2023, will be provided to
the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-N-1778 for ``Endocrinologic and Metabolic Drugs Advisory
Committee; Notice of Meeting; Establishment of a Public Docket; Request
for Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second

copy, which will have the claimed confidential information redacted/
blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify the
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: LaToya Bonner, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-2855, email: [email protected], or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before the
meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The committee
will discuss new drug application (NDA) 215559, for palovarotene
capsules, submitted by Ipsen Biopharmaceuticals, Inc. The proposed
indication is the prevention of heterotopic ossification in adults and
children (females aged 8 years and above and males 10 years and above)
with fibrodysplasia ossificans progressiva.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions to the Docket (see ADDRESSES) on
or before June 14, 2023, will be provided to the committee. Oral
presentations from the public will be scheduled between approximately 2
p.m. and 3 p.m. Eastern Time. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before June 6, 2023. Time allotted for each
presentation may be limited. If the number of registrants requesting to
speak is greater than can be reasonably accommodated during the
scheduled open public hearing session, FDA may conduct a lottery to
determine the speakers for the scheduled open public hearing session.
The contact person will notify interested persons regarding their
request to speak by June 7, 2023.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact LaToya Bonner (see FOR FURTHER INFORMATION CONTACT) at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-11164 Filed 5-24-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Page 51506]
[FR Doc No: 2018-22102]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2018-0007]

National Advisory Committee on Occupational Safety and Health
(NACOSH); Charter Renewal

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Renewal of the NACOSH charter.

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

SUMMARY: The Secretary of Labor (Secretary) has renewed the charter for
NACOSH.

FOR FURTHER INFORMATION CONTACT: Ms. Michelle Walker, OSHA Directorate
of Technical Support and Emergency Management, Occupational Safety and
Health Administration; telephone<PHONE_NUMBER> (TTY<PHONE_NUMBER>);
email [email protected].

SUPPLEMENTARY INFORMATION: The Secretary has renewed the NACOSH
charter. The charter will expire on October 3, 2020.
    Congress established NACOSH in Section 7(a) of the Occupational
Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 656) to advise,
consult with and make recommendations to the Secretary and the
Secretary of Health and Human Services on matters relating to the
administration of the OSH Act. NACOSH is a non-discretionary advisory
committee of indefinite duration.
    NACOSH operates in accordance with the Federal Advisory Committee
Act (FACA) (5 U.S.C. App. 2), its implementing regulations (41 CFR part
102-3), OSHA's regulations on NACOSH (29 CFR part 1912a), Secretary of
Labor's Order 04-2018 (6/1/2018), and Chapter 1600 of Department of
Labor Manual Series 3 (7/18/2016). Pursuant to FACA (5 U.S.C. App. 2,
14(b)(2)), the NACOSH charter must be renewed every two years.
    The new charter includes updates of the procedures for appointment
of individuals to Department of Labor advisory committees and increases
the estimated annual operating costs for NACOSH by approximately 3
percent (to $192,000 from $186,500).
    The new NACOSH charter is available to read or download at http://www.regulations.gov (Docket No. OSHA-2018-0007), the federal
eRulemaking portal. The charter also is available on the NACOSH page on
OSHA's web page at http://www.osha.gov and at the OSHA Docket Office,
N-3508, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210; telephone<PHONE_NUMBER>. In addition, the
charter is available for viewing or download at the Federal Advisory
Committees Database at http://www.facadatabase.gov.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice under the
authority granted by 29 U.S.C. 656; 5 U.S.C. App. 2; 29 CFR part 1912a;
41 CFR part 102-3; and Secretary of Labor's Orders No. 1-2012 (77 FR
3912 (1/25/2012)) and 04-2018 (6/1/2018).

    Signed at Washington, DC, on October 4, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-22102 Filed 10-10-18; 8:45 am]
 BILLING CODE 4510-26-P