[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Rules and Regulations]
[Pages 46380-46384]
[FR Doc No: 2018-19185]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0112; Product Identifier 2017-NM-161-AD; Amendment
39-19392; AD 2018-18-13]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by reports of cracking in certain
flanges, and the adjacent web, of the wing outboard flap track at
certain positions, and a determination that new inspections of certain
flap track flanges and webs forward of the rear spar attachment are
necessary. This AD requires an inspection to determine the part number
of the wing outboard flap track assembly; repetitive inspections of
each affected wing outboard flap track for discrepancies, and
applicable on-condition actions; and repetitive overhaul of each wing
outboard flap track. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 18, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 18,
2018.

ADDRESSES: 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>; internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Standards 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 on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0112.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0112; 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, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Payman Soltani, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model

737-100, -200, -200C, -300, -400, and -500 series airplanes. The NPRM
published in the Federal Register on February 21, 2018 (83 FR 7425).
The NPRM was prompted by reports of cracking in certain flanges, and
the adjacent web, of the wing outboard flap track at certain positions,
and a determination that new inspections of certain flap track flanges
and webs forward of the rear spar attachment are necessary. The NPRM
proposed to require an inspection to determine the part number of the
wing outboard flap track assembly; repetitive inspections of each
affected wing outboard flap track for discrepancies, and applicable on-
condition actions; and repetitive overhaul of each wing outboard flap
track.
    We are issuing this AD to detect and correct cracking of the wing
outboard flap tracks. Cracking in the area between the forward and rear
spar attachments of the wing outboard flap tracks could lead to the
inability of a principal structural element to sustain required flight
loads, and result in loss of the outboard trailing edge flap and
consequent reduced controllability of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Request To Extend the Compliance Time

    All Nippon Airways (ANA) and Utair Aviation requested that
paragraph (h) of the proposed AD be revised to extend the compliance
time from 6 months to 18 months after the effective date of the final
rule. The commenters are concerned that there are not enough spare flap
track parts available. The commenters indicated that overhaul of the
removed flap tracks takes significant time, and if the final rule is
released without a sufficient number of spare flap tracks available,
there could be a long-term aircraft on ground (AOG) situation if the
proposed compliance times are used.
    Furthermore, Utair Aviation stated that a review of maintenance
records on 38 airplanes for flap tracks at positions 1 and 8 did not
find any records of inspections or overhaul, and it would not be able
to replace the subject flap tracks within the compliance time specified
in the proposed AD. Utair Aviation also noted that it took 60 days,
including shipping, to replace the outboard flap tracks for similar
requirements specified in AD 2013-09-02, Amendment 39-17443 (78 FR
27010, May 9, 2013).
    We do not agree with the commenters' requests. The 6-month
compliance time for inspection and overhaul is applicable only to flap
tracks that have unknown maintenance records and flap tracks that were
last overhauled several years ago. Airplanes with flap tracks that have
known maintenance records generally have later compliance times,
depending on how long it has been since the flap tracks were
overhauled. The NPRM was issued to address findings of stress corrosion
cracking in the flap tracks. Stress corrosion cracking is more likely
to occur in flap tracks that have been in operation for a longer time.
Flap tracks with unknown maintenance records and flap tracks that were
last overhauled several years ago are more susceptible to the unsafe
condition. The probability of the existence of stress corrosion
cracking on flap tracks with unknown maintenance history is higher and
warrants the shorter compliance time. We have verified that spare flap
tracks are available on the parts surplus market; however, since we do
not know how many flap tracks have unknown maintenance records, it is
difficult to estimate how many spare flap tracks will be necessary to
meet the demand. If there is a critical shortage of parts, operators
may contact the FAA and request an adjustment to the compliance time
using the procedures specified in paragraph (l) of this AD. We might
approve a longer compliance time if additional data are presented that
would justify an extension to the compliance time while still
maintaining an adequate level of safety.
    We urge operators to seek out maintenance records for their flap
tracks in order to justify use of the extended compliance times
specified in Boeing Alert Requirements Bulletin 737-57A1338 RB, dated
September 25, 2017. We cannot justify extending the compliance times
for flap tracks without maintenance records to 18 months. We have not
changed this AD in regard to this issue.

Request To Omit Inspection 1 in the Service Information

    Utair Aviation stated that it is inadvisable to require operators
to do the inspections included in ``INSPECTION 1,'' as defined in
Boeing Alert Requirements Bulletin 737-57A1338 RB, dated September 25,
2017. The commenter noted that ``ACTION 1'' in Table 1 and Table 2 of
paragraph 3, ``Compliance,'' of Boeing Alert Requirements Bulletin 737-
57A1338 RB, dated September 25, 2017, states that operators need to do
INSPECTION 1. The commenter suggested that ``ACTION 2,'' overhaul of
each affected flap track, would already include all of the inspections
included in INSPECTION 1.
    We infer that the commenter is requesting that the proposed
requirement to do the inspections included in INSPECTION 1 of the
specified service bulletin be removed from the proposed AD. We do not
agree with the commenter's request. ACTION 1 and ACTION 2 have
different purposes. The inspections included in ACTION 1 are intended
to detect specific existing damage on the flap track, including cracks,
nicks, corrosion, galling, broken pieces, and stop drills. The
intention of ACTION 2, overhaul of each affected flap track, is a
visual examination for defects. The intent of this visual examination
during overhaul is to identify additional discrepancies, such as
excessive wear or degraded surface finish, that might not be noted
during INSPECTION 1. It is important to detect these additional
discrepancies since they can be early indicators of stress corrosion
cracking. Since the inspections to detect specific existing damage on
the flap track are not included in the overhaul instructions, it is
necessary to require both ACTION 1 and ACTION 2 in this AD. We have not
changed this AD in regard to this issue.

Request for Alternative To Overhaul

    ANA requested that an alternative to overhaul of the flap tracks be
provided that does not involve removing the flap tracks from the wing.
The commenter suggested that an on-wing inspection could be used
instead of the overhaul. The commenter is concerned that there is not a
sufficient supply of spare flap track parts.
    We do not agree with the commenter's request. There is no on-wing
inspection method available that can detect the additional
discrepancies that overhaul of the flap tracks is designed to address.
The concern regarding availability of spare flap track parts was
addressed in the response to an earlier comment. We have not changed
this AD in regard to this issue.

Request To Revise Parts Installation Limitation Paragraph

    Boeing requested that the Parts Installation Limitation Paragraph,
paragraph (k) in the proposed AD, be revised to allow flap tracks to be
installed and inspected at the time of installation. Boeing noted that
paragraph (k) states ``. . . no person may install a flap track unless
the flap track is inspected prior to installation.'' Boeing pointed out
that there are several

inspections that pertain to the track-to-wing joint, which cannot be
accomplished until after the flap track is installed.
    We agree with the commenter's request for the reasons provided by
the commenter. We have revised paragraph (k) of this AD to state ``As
of the effective date of this AD, no person may install, on any
airplane, a wing outboard flap track having a part number listed in
paragraph 1.B. of Boeing Alert Requirements Bulletin 737-57A1338 RB,
dated September 25, 2017, unless the inspections . . . are accomplished
prior to or concurrently with the part's installation on the
airplane.''

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the installation
of winglets using Supplemental Type Certificate (STC) ST01219SE does
not affect compliance with the actions proposed in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.

Additional Change to This AD

    The proposed AD included Note 1 to paragraph (h), which stated that
guidance for accomplishing the proposed actions could be found in
Boeing Alert Service Bulletin 737-57A1338, dated September 25, 2017,
which is referred to in Boeing Alert Requirements Bulletin 737-57A1338
RB, dated September 25, 2017. Since the proposed AD was published,
Boeing has issued Boeing Information Notice 737-57A1338 IN 01, dated
October 16, 2017; Boeing Information Notice 737-57A1338 IN 02, dated
March 16, 2018; and Boeing Information Notice 737-57A1338 IN 03, dated
March 20, 2018. These information notices provide additional guidance
material related to Boeing Alert Service Bulletin 737-57A1338, dated
September 25, 2017, including clarification of compliance times for
spares (not AD compliance times), inspection figures, and the
relationship between flap track part numbers and airplanes groups. We
have revised Note 1 to paragraph (h) in this AD to include these
information notices.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Requirements Bulletin 737-57A1338 RB,
dated September 25, 2017. This service information describes procedures
for repetitive inspections and repetitive overhaul of the wing outboard
flap tracks, and applicable on-condition actions including repair and
replacement of the wing outboard flap tracks. 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 the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 160 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                          Estimated Costs for Required Actions
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               Action                      Labor cost          Parts cost             Cost per product                   Cost on U.S. operators
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Inspection (positions 1 and 8;       78 work-hours x $85                 $0  $6,630 per cycle.................  $1,060,800 per cycle.
 Group 2 and Group 3, configuration   per hour = $6,630 per
 1).                                  cycle.
Inspection (positions 1 and 8;       89 work-hours x $85                  0  7,565 per cycle..................  1,210,400 per cycle.
 Group 3, configuration 2).           per hour = $7,565 per
                                      cycle.
Inspection (positions 2 and 7;       83 work-hours x $85                  0  7,055 per cycle..................  1,128,800 per cycle.
 Group 2 and Group 3, configuration   per hour = $7,055 per
 1).                                  cycle.
Inspection (positions 2 and 7;       86 work-hours x $85                  0  7,310 per cycle..................  1,169,600 per cycle.
 Group 3, configuration 2).           per hour = $7,310 per
                                      cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide
cost estimates for the actions for Group 1 airplanes, the repetitive
overhaul, or the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to

the Director of the System Oversight Division.

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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13 [Amended]

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

2018-18-13 The Boeing Company: Amendment 39-19392; Docket No. FAA-
2018-0112; Product Identifier 2017-NM-161-AD.

 (a) Effective Date

    This AD is effective October 18, 2018.

 (b) Affected ADs

    This AD affects AD 2013-09-02, Amendment 39-17443 (78 FR 27010,
May 9, 2013) (``AD 2013-09-02'').

 (c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

 (d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracking in certain flanges,
and the adjacent web, of the wing outboard flap track at certain
positions, and a determination that new inspections of certain flap
track flanges and webs forward of the rear spar attachment are
necessary. We are issuing this AD to detect and correct cracking of
the wing outboard flap tracks. Cracking in the area between the
forward and rear spar attachments of the wing outboard flap tracks
could lead to the inability of a principal structural element to
sustain required flight loads, and result in loss of the outboard
trailing edge flap and consequent reduced controllability of the
airplane.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Requirements
Bulletin 737-57A1338 RB, dated September 25, 2017: Within 120 days
after the effective date of this AD, do actions to correct the
unsafe condition using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.

(h) Required Actions

    For airplanes not specified in paragraph (g) of this AD: Except
as required by paragraph (i) of this AD, at the applicable times
specified in the ``Compliance'' paragraph of Boeing Alert
Requirements Bulletin 737-57A1338 RB, dated September 25, 2017, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-57A1338 RB, dated September 25, 2017.

    Note 1 to paragraph (h) of this AD: Guidance for accomplishing
the actions required by this AD can be found in Boeing Alert Service
Bulletin 737-57A1338, dated September 25, 2017, which is referred to
in Boeing Alert Requirements Bulletin 737-57A1338 RB, dated
September 25, 2017. Additional guidance can be found in Boeing
Information Notice 737-57A1338 IN 01, dated October 16, 2017; Boeing
Information Notice 737-57A1338 IN 02, dated March 16, 2018; and
Boeing Information Notice 737-57A1338 IN 03, dated March 20, 2018.

(i) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of
this AD: Where Boeing Alert Requirements Bulletin 737-57A1338 RB,
dated September 25, 2017, uses the phrase ``the original issue date
of Requirements Bulletin 737-57A1338 RB,'' this AD requires using
``the effective date of this AD.''

(j) Terminating Action for Requirements of AD 2013-09-02

    Accomplishment of the requirements specified in paragraph (h) of
this AD terminates all requirements of AD 2013-09-02.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on
any airplane, a wing outboard flap track having a part number listed
in paragraph 1.B. of Boeing Alert Requirements Bulletin 737-57A1338
RB, dated September 25, 2017, unless the inspections and corrective
actions specified in the Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737-57A1338 RB, dated September 25, 2017, are
accomplished prior to or concurrently with the part's installation
on the airplane.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 local Flight Standards
District 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 (m)(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 local flight standards district office/certificate holding
district 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 Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, 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.

(m) Related Information

    (1) For more information about this AD, contact Payman Soltani,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712 4137; phone: 562-627-
5313; 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 (n)(3) and (n)(4) of this AD.

(n) 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 737-57A1338 RB, dated
September 25, 2017.
    (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>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 24, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-19185 Filed 9-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Rules and Regulations]
[Pages 41048-41051]
[FR Doc No: 2012-17003]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0537]
RIN 1625-AA00

Safety Zone; Hudson Valley Triathlon, Ulster Landing, Hudson
River, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Hudson River in the vicinity of Ulster Landing,
NY for the 16th Annual Hudson Valley Triathlon swim event. This
temporary safety zone is necessary to protect swimmers, spectators, and
vessels from the hazards associated with swimmers competing in a
confined area of the

Hudson River. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within the safety zone unless
authorized by the Captain of the Port (COTP) New York or the designated
representative.

DATES: This rule is effective from 7:30 a.m. until 8:30 a.m. on July
15, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0537]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718)
354-4163, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
CFR Code of Federal Regulations

A. Regulatory History and Information

    The Hudson Valley Triathlon swim is an annual recurring event that
has a permanent safety zone found at 33 CFR 165.160. The effective date
for the permanent safety zone is the first weekend after the 4th of
July each year. On July 20, 2011, a temporary final rule was published
in the Federal Register (76 FR 139) for this event.
    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because delaying this event would be
contrary to the public interest.
    The 16th Annual Hudson Valley Triathlon swim event will occur on
July 15, 2012. On May 22, 2012, the sponsor of the event advised the
Coast Guard that due to optimal tide, current, and weather conditions
needed to promote the safety of the swim participants, they were
changing the date of the event from the first weekend after the 4th of
July to Sunday, July 15, 2012, thereby rendering the permanent safety
zone set forth in 33 CFR 165.160 inapplicable for this year's event.
    Any delay in the effective date of this rule would be contrary to
the public interest because immediate action is needed to provide for
the safety of life on the navigable waters from the hazards of swimming
in the Hudson River, particularly in the vicinity of the shipping
channel. The safety zone is necessary to provide for the safety of
event participants, spectator crafts, and other vessels operating near
the event area. For the safety concerns noted, it is in the public
interest to have this regulation in effect during this event. In
addition, any change to the date of the event could potentially cause
economic hardship on the marine event sponsor and negatively impact
other activities being held in conjunction with these events by
potentially causing numerous event participant cancellations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds, for the reasons
stated above, that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231, 46 U.S.C.
chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to define regulatory safety zones.
    The Coast Guard received an application to hold the annual Hudson
River Triathlon on the waters of the Hudson River, Ulster Landing, NY,
in the vicinity of Barrytown, NY. With this application, the event
sponsor requested that the event be permitted to take place on Sunday,
July 15, 2012 rather than the usual first weekend following July 4th.
The deviation from the permanent regulation was requested to avoid
unsafe tide and current conditions expected to occur on the Sunday
after July 4, 2012.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the
waters of the Hudson River in the vicinity of Ulster Landing, NY for
the 16th Annual Hudson Valley Triathlon swim event. This temporary rule
will restrict vessels from a portion of the Hudson River during the
swim event on Sunday, July 15, 2012.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation may have some impact on the public, the potential impact
will be minimized for the following reasons. Vessels will only be
restricted from the safety zone for a short duration of time. Before
activating the zone, we will notify mariners by appropriate means
including but not limited to Local Notice to Mariners and Broadcast
Notice to Mariners. Additionally, the Coast Guard promulgated a
permanent safety zone found in 33 CFR part 165 for the event area in
the past and no adverse comments or notice of any negative impact
caused by the safety zone were received.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    (1) This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit

or anchor in a portion of the Hudson River during the effective period.
    (2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons.
This safety zone will be enforced for only 1 hour early in the day when
vessel traffic is low. Vessel traffic could pass safely around the
safety zone. Before activating the zone, we will notify mariners by
appropriate means including but not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

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

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

0
2. Add Sec.  165.T01-0537 to read as follows:

Sec.  165.T01-0537  Safety Zone; Hudson Valley Triathlon, Ulster
Landing, Hudson River, NY.

    (a) Regulated Area. The following area is a regulated area: All
navigable waters of the Hudson River, Ulster Landing, NY in the
vicinity of Barrytown, NY bound by the following points:
42[deg]00'03.7'' N 073[deg]56'43.1'' W; thence to 41[deg]59'52.5'' N
073[deg]56'34.2'' W; thence to 42[deg]00'15.1'' N 073[deg]56'25.2'' W;
thence to 42[deg]00'05.4'' N 073[deg]56'41.9'' W; thence along the
shoreline to the point of the beginning. This area is approximately 1.2
nautical

miles north of the Kingston Rhinecliff Bridge.
    (b) Effective Date. This rule is effective from 7:30 a.m. until
8:30 a.m. on July 15, 2012.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
    (2) No vessels, except for event coordinators and support vessels,
will be allowed to transit the safety zone without the permission of
the COTP. Vessels not associated with the event that are permitted to
enter the regulated areas shall maintain a separation of at least 100
yards from the participants.
    (3) All persons and vessels permitted by the COTP to enter the
safety zone shall comply with the instructions of the COTP or the
designated representative. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed. Failure to comply with a lawful
direction may result in expulsion from the regulated area, citation for
failure to comply, or both.
    (4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated representative
via VHF channel 16 or<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.
    (5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, unless
authorized by COTP or the designated representative.
    (6) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.

    Dated: June 27, 2012.
G.A. Loebl,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2012-17003 Filed 7-11-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Notices]
[Page 47589-47591]
[DOCID:fr06au10-68]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-0497; FRL-8832-9]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Correction of Misreported Chemical Substances on the
TSCA Inventory; EPA ICR No. 1741.06, OMB Control No. 2070-0145

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``Correction of Misreported Chemical Substances on the TSCA
Inventory'' and identified by EPA ICR No. 1741.06 and OMB Control No.
2070-0145, is scheduled to expire on April 30, 2011. Before submitting
the ICR to OMB for review and approval, EPA is soliciting comments on
specific aspects of the proposed information collection.

DATES: Comments must be received on or before October 5, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2010-0497, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2010-0497. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2010-0497. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through

regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the 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 docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Room 3334, EPA West Bldg., 1301 Constitution
Ave., N.W., Washington, D.C. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Ron
Carlson, Information Management Division (7407M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8631; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>     For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply
to?

    Affected entities: Entities potentially affected by this ICR are
manufacturers or importers of chemical substances, mixtures, or
categories listed on the Toxic Substances Control Act (TSCA) Inventory
and regulated under TSCA section 8, who had reported to the initial
effort to establish the TSCA Inventory in 1979, and who need to make a
correction to that submission.
    Title: Correction of Misreported Chemical Substances on the TSCA
Inventory.
    ICR numbers: EPA ICR No. 1741.06, OMB Control No. 2070-0145.
    ICR status: This ICR is currently scheduled to expire on April 30,
2011. 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 Code of Federal Regulations (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
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: Section 8(b) of TSCA requires EPA to compile and keep
current an Inventory of Chemical Substances in Commerce, which is a
listing of chemical substances manufactured, imported, and processed
for commercial purposes in the United States. The purpose of the
Inventory is to define, for the purpose of TSCA, what chemical
substances exist in U.S. commerce. Since the Inventory thereby performs
a regulatory function by distinguishing between existing chemicals and
new chemicals, which TSCA regulates in different ways, it is imperative
that the Inventory be accurate.
    However, from time to time, EPA or respondents discover that
substances have been incorrectly described by reporting companies.
Reported substances have been unintentionally misidentified as a result
of simple typographical errors, the misidentification of substances, or
the lack of sufficient technical or analytical capabilities to
characterize fully the exact chemical substances. EPA has developed
guidelines (45 FR 50544, July 29, 1980) under which incorrectly
described substances listed in the Inventory can be corrected. The

correction mechanism ensures the accuracy of the Inventory without
imposing an unreasonable burden on the chemical industry. Without the
Inventory correction mechanism, a company that submitted incorrect
information would have to file a pre-manufacture notification (PMN)
under TSCA section 5 to place the correct chemical substance on the
Inventory whenever the previously reported substance is found to be
misidentified. This would impose a much greater burden on both EPA and
the submitter than the existing correction mechanism. This information
collection applies to reporting and recordkeeping activities associated
with the correction of misreported chemical substances found on the
TSCA Inventory.
    Responses to the collection of information are voluntary.
Respondents may claim all or part of a notice confidential. EPA will
disclose information that is covered by a claim of confidentiality only
to the extent permitted by, and in accordance with, the procedures in
TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2.25
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 9.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 20 hours.
    Estimated total annual costs: $1,174. This includes an estimated
burden cost of $1,174 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

IV. Are There Changes in the Estimates from the Last Approval?

    There is no change in the total estimated respondent burden
compared with that identified in the ICR currently approved by OMB.

V. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: July 30, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

[FR Doc. 2010-19440 Filed 8-5-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56757-56758]
[FR Doc No: 2011-23549]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9463-4]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; Request for Public Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree to resolve a lawsuit filed by the Sierra Club
(``Plaintiff'') in the United States District Court for the District of
Columbia: Sierra Club v. Jackson, No. 1; 11-cv-00636 (D.D.C.).
Plaintiff's filed a deadline suit to compel the Administrator to
respond to an administrative petition seeking EPA's objection to a
proposed CAA Title V operating renewal permit to be issued by the
Indiana Department of Environmental Management to the Edwardsport
Generating Station in Knox County, Indiana. Under the proposed consent
decree, EPA would agree to respond to the petition by September 30,
2011, or within 20 business days after entry of the consent decree by
the Court, whichever is later.

DATES: Written comments on the proposed consent decree must be received
by October 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0763, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Byron Brown, Office of General Counsel
(Mail Code 2344A), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564-
8312; fax number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that
the Administrator failed to perform a nondiscretionary duty to grant or
deny, within 60 days of submission, an administrative petition to
object to a proposed CAA Title V renewal permit to be issued by the
Indiana Department of Environmental Management to the Edwardsport
Generating Station in Knox County, Indiana. Under the proposed consent
decree, EPA would agree to respond to the petition by September 30,
2011, or within 20 business days after entry of the consent decree by
the Court, whichever is later, and pay specified attorneys fees to the
Plaintiffs. The Court would then dismiss the case with prejudice once
EPA has fulfilled these obligations under the consent decree.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the consent decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2011-0763) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the http://www.regulations.gov
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``search,'' then key in the appropriate docket
identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains

copyrighted material, CBI, or other information whose disclosure is
restricted by statute. Information claimed as CBI and other information
whose disclosure is restricted by statute is not included in the
official public docket or in the electronic public docket. EPA's policy
is that copyrighted material, including copyrighted material contained
in a public comment, will not be placed in EPA's electronic public
docket but will be available only in printed, paper form in the
official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the EPA Docket Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: September 8, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-23549 Filed 9-13-11; 8:45 am]
BILLING CODE 6560-50-P