[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2541-2543]
[FR Doc No: 2023-00567]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0962; FRL-10505-01-R9]

Finding of Failure To Submit State Implementation Plan Revisions
Required Under Clean Air Act Section 185; California; Sacramento Metro
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The EPA is taking final action finding that the state of
California has failed to submit state implementation plan (SIP)
revisions for the Sacramento Metro nonattainment area to satisfy
certain requirements of the Clean Air Act (CAA) for the 2008 8-hour
ozone National Ambient Air Quality Standards (NAAQS). Specifically,
these requirements pertain to the assessment and collection of fees
under CAA section 185. This action triggers certain CAA deadlines for
the imposition of sanctions if California does not submit the required
SIP revisions within the specified timeframes. This finding also
establishes a CAA deadline for the EPA to promulgate federal
implementation plans (FIPs) to address the CAA section 185 requirements
if the State does not submit or the EPA does not approve the State's
section 185 SIP revisions.

DATES: This action is effective on February 16, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0962. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Background
    A. The Sacramento Metro Ozone Nonattainment Area
    B. Statutory and Regulatory Requirements
    C. Consequences of Findings of Failure To Submit a SIP
II. EPA Action
III. Statutory and Executive Order Reviews

I. Background

A. The Sacramento Metro Ozone Nonattainment Area

    The Sacramento Metro ozone nonattainment area in California
consists of Sacramento and Yolo counties and portions of El Dorado,
Placer, Solano and Sutter counties. For a precise description of the
geographic boundaries of the Sacramento Metro area for the 2008 ozone
NAAQS, see the Code of Federal Regulations (CFR) at 40 CFR 81.305.
Several local air agencies have jurisdiction in this area. Sacramento
County is under the jurisdiction of the Sacramento Metropolitan Air
Quality Management District (Sacramento Metropolitan AQMD). Yolo County
and the eastern portion of Solano County comprise the Yolo-Solano Air
Quality Management District (Yolo-Solano AQMD). The southern portion of
Sutter County is

part of the Feather River Air Quality Management District (Feather
River AQMD). The western portion of Placer County is part of the Placer
County Air Pollution Control District (Placer County APCD). Lastly, the
western portion of El Dorado County is part of the El Dorado County Air
Quality Management District (El Dorado County AQMD). In California, the
California Air Resources Board (CARB) is the agency responsible for the
adoption and submission of SIPs and SIP revisions to the EPA. Working
jointly with CARB, local and regional air pollution control districts
in California are responsible for the development of regional air
quality plans. These agencies adopt and submit their plans to CARB for
state adoption and submission to the EPA as revisions to the California
SIP.
    On May 21, 2012 (77 FR 30088), the EPA designated the Sacramento
Metro area as nonattainment for the 2008 ozone standard and classified
the area as Severe-15. This designation was effective on July 20, 2012.
The 8-hour ozone designations and classifications for California areas
are codified at 40 CFR 81.305.

B. Statutory and Regulatory Requirements

    Section 185 of the CAA requires states with Severe and Extreme
ozone nonattainment areas to have a plan that implements the program
specified in that section. The CAA section 185 fee program provides for
collecting fees from each major stationary source of volatile organic
compounds (VOC) and oxides of nitrogen (NOX) for each
calendar year following a failure to attain the ozone standard by the
applicable attainment date. While CAA section 185 expressly mentions
VOC, CAA section 182(f) extends the application of this provision to
NOX by providing that ``plan provisions required under
[subpart D] for major stationary sources of [VOC] shall also apply to
major stationary sources of [NOX].'' CAA section 185(b)
specifies the method for computing the fee amount. Section 185(a)
specifies that the fee is payable for each calendar year beginning
after the attainment date, until the area is redesignated as an
attainment area for ozone. Each such plan revision should include
procedures for assessment and collection of such fees. No source is
required to pay any fee for emissions during a year for which the area
receives an extension of their attainment date under CAA section
181(a)(5).
    On March 6, 2015 (80 FR 12263), the EPA established a final rule
for implementing the 2008 ozone NAAQS. That rule established deadlines
for submitting various elements of an ozone nonattainment area SIP. The
due date for fee programs is codified at 40 CFR 51.1117. For each ozone
nonattainment area initially classified Severe or Extreme for the 2008
ozone NAAQS, the state must submit a SIP revision within 10 years of
the effective date of the area's nonattainment designation that meets
the requirements of CAA section 185. The deadline for California to
submit CAA section 185 fee programs for the Sacramento Metro area for
the 2008 ozone NAAQS was July 20, 2022.

C. Consequences of Findings of Failure To Submit a SIP

    Section 179(a) of the CAA specifies the consequences if the EPA
finds that a state has failed to make a required SIP submission, if the
EPA has determined that a submitted SIP is incomplete, or if the EPA
has disapproved a SIP submission. Additionally, CAA section 110(c)
specifies that any of these findings also triggers an obligation for
the EPA to promulgate a FIP within 2 years of the finding if the state
has not submitted and the EPA has not approved the required submission.
The first finding, that a state has failed to submit a plan or one or
more elements of a plan required under the CAA, is the finding relevant
to this action.
    The EPA is finding that the state of California has failed to make
required CAA section 185 fee program SIP submissions for portions of
the Sacramento Metro nonattainment area for the 2008 8-hour ozone
NAAQS. Pursuant to CAA section 179(a) and (b) and 40 CFR 52.31, the EPA
must affirmatively determine that California has submitted the required
plan revisions for the Sacramento Metro area within 18 months of the
effective date of this rulemaking, or the offset sanction identified in
CAA section 179(b)(2) and 40 CFR 52.31 will apply in each portion of
the area that remains subject to the finding. Additionally, if the EPA
has not affirmatively determined that the State has made a complete
submission for the area within 6 months after the offset sanction is
imposed, then the highway funding sanction will apply to each portion
of the area that remains subject to the finding, in accordance with CAA
section 179(b)(1) and 40 CFR 52.31. Lastly, CAA section 110(c) requires
that no later than 2 years after the effective date of this finding,
the EPA must promulgate a FIP if the State has not submitted and the
EPA has not approved the required SIP revisions as fully meeting the
CAA section 185 fee obligation for the 2008 ozone NAAQS. The 18- and
24-month clocks for any area will stop and the sanctions will not take
effect if the EPA finds that the State has made a complete submittal
within the required timeframe.

II. EPA Action

    In this action, the EPA is making a finding that the state of
California has failed to submit CAA section 185 fee programs for the
2008 ozone NAAQS for the portions of the Sacramento Metro ozone
nonattainment area that are under the jurisdiction of the following air
agencies: El Dorado County AQMD, Placer County APCD, Sacramento
Metropolitan AQMD, and Yolo-Solano AQMD. California submitted a CAA
section 185 fee program SIP revision for the Feather River AQMD portion
of the Sacramento Metro area on July 5, 2022, and it was determined
complete on October 28, 2022. Therefore, the portion of the Sacramento
Metro ozone nonattainment area that is under the jurisdiction of the
Feather River AQMD is not subject to this action. This finding starts
the 18-month emission offset sanctions clock, the 24-month highway
funding sanctions clock, and a 24-month clock for promulgation by the
EPA of a FIP.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-
executive-orders.

A. Notice and Comment Under the Administrative Procedure Act (APA)

    Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when
an agency for good cause finds that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. The EPA has determined that there is good cause for
making this final agency action without prior proposal and opportunity
for comment because no significant EPA judgment is involved in making
findings of failure to submit SIPs, or elements of SIPs, required by
the CAA, where states and territories have made no submissions, or
incomplete submissions, to meet the requirement. Thus, notice and
public procedures are unnecessary. The EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(3)(B).

B. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and therefore
was not submitted to the Office of Management and Budget (OMB) for
review.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the provisions of the PRA because it does not impose additional
requirements or create any new information collection burdens.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA (2 U.S.C. 1531-1538) and does not significantly or uniquely affect
small governments. This action does not impose any new requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or to the private sector, result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It 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.

G. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175, because this action does not apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction, and will not impose
substantial direct costs on tribal governments or preempt tribal law.
Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not create any new regulations.
This action finds that a state has failed to submit required SIP
revisions.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. This
action does not involve technical standards.

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

    Executive Order 12898 (59 FR 7629 (February 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 effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. The EPA has determined that this final rule will not
have disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
directly affect the level of protection provided to human health or the
environment. This action finds that a state has not met the requirement
to submit CAA section 185 fee program SIP revisions and begins clocks
that could result in the imposition of sanctions if the state continues
to not meet this statutory obligation. If the state fails to submit the
required SIP revisions or submits SIP revisions that the EPA cannot
approve, then the EPA will be required to develop the plans in lieu of
the state.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

M. 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 March 20, 2023. Filing a
petition for reconsideration by the Administrator of this final action
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

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

    Dated: December 23, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-00567 Filed 1-13-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Page 55373]
[FR Doc No: 2011-22807]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Number: EG11-124-000.
    Applicants: Minco Wind II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Minco Wind II, LLC.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5119.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Take notice that the Commission received the following electric
rate filings:
    Docket Number: ER11-2895-000; ER11-2895-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits response to
deficient letter.
    Filed Date: 08/22/2011.
    Accession Number: 20110823-0008.
    Comment Date: 5 p.m. Eastern Time on Monday, September 12, 2011.

    Docket Number: ER11-4385-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Queue Position No. W1-032--Original Service Agreement
No. 3040 to be effective 7/28/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5066.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Docket Number: ER11-4386-000.
    Applicants: AmericaWide Energy, LLC.
    Description: AmericaWide Energy, LLC submits tariff filing per
35.12: Market-Based Rate Application to be effective 11/1/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5067.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Docket Number: ER11-4387-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: PJM Queue Position W2-075--Original Service Agreement
No. 3039 to be effective 7/28/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5068.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Docket Number: ER11-4388-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: ITC Midwest Certificates of
Concurrence to be effective 10/4/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5090.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Docket Number: ER11-4389-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: 08-29-11 Attachment X--Ins.
Req. to be effective 10/29/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5101.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Docket Number: ER11-4390-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 2234 Osage Wind/PSO Affected Systems' Facilities
Construction Agreement to be effective 7/28/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5113.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Docket Number: ER11-4391-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Queue Position No. V2-030/V4-018/W3-047--Original
Service Agreement No. 3041 to be effective 7/29/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5120.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    Docket Number: ER11-4392-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.15: Notice of Cancellation of Service Agreement No. 2795 in Docket
No. ER11-3196-000 to be effective 7/29/2011.
    Filed Date: 08/29/2011.
    Accession Number: 20110829-5137.
    Comment Date: 5 p.m. Eastern Time on Monday, September 19, 2011.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 30, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-22807 Filed 9-6-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Proposed Rules]
[Pages 4922-4923]
[FR Doc No: 2023-01517]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 399

[Docket No. DOT-OST-2022-0109]
RIN 2105-AF10

Enhancing Transparency of Airline Ancillary Service Fees

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT or the Department).

ACTION: Denial of Request for Extension of Comment Period.

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SUMMARY: The U.S. Department of Transportation (Department or DOT)
declines to extend the comment period beyond January 23, 2023 for its
proposed rule on Enhancing Transparency of Airline Ancillary Service
Fees.

DATES: Comments on the rulemaking should be filed by January 23, 2023.
Late-filed comments will be considered to the extent practicable.
Petitions for a hearing pursuant to 14 CFR 399.75(b)(1) must also be
filed by January 23, 2023.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2022-0109 by any of the following methods:
     Federal eRulemaking Portal: go to https://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, Washington, DC, between 9 a.m. and 5
p.m. ET, Monday through Friday, except Federal holidays. Commenters
using this method of delivery should contact Docket Services at 202-
366-9826 or<PHONE_NUMBER> before delivery to ensure staff is available
to receive the delivery.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2022-0109 or the Regulatory Identification Number (RIN 2105-
AF10) for the rulemaking at the beginning of your comment. All comments
received will be posted without change to https://www.regulations.gov,
including any personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if

submitted on behalf of an association, business, labor union, etc.).
For information on DOT's compliance with the Privacy Act, please visit
https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents and
comments received, go to https://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: Ryan Patanaphan or Blane Workie,
Office of Aviation Consumer Protection, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-
9342 (phone), [email protected] or [email protected] (email).

SUPPLEMENTARY INFORMATION: On September 26, 2022, the Department of
Transportation (DOT or Department) publicly announced and posted to its
website a notice of proposed rulemaking (NPRM) that proposed several
disclosure requirements to enhance the transparency of ancillary
service fees that consumers pay for when they purchase airline tickets.
(See 87 FR 63718; October 20, 2022). In the NPRM, the Department
proposed to require U.S. air carriers, foreign air carriers, and ticket
agents to clearly disclose passenger-specific or itinerary-specific
baggage fees, change fees, and cancellation fees to consumers whenever
fare and schedule information is provided to consumers for flights to,
within, and from the United States. The Department also proposed
requiring similar disclosures for fees for a child 13 or under to be
seated adjacent to an accompanying adult, as well as the
transactability of such seating fees. The proposed rule would require
carriers to provide useable, current, and accurate information
regarding fees to ticket agents that sell or display the carrier's fare
and schedule information.
    The NPRM initially provided for a comment period of 60 days after
publication of the NPRM in the Federal Register, i.e., December 19,
2022. During this time, the Aviation Consumer Protection Advisory
Committee (ACPAC) met on December 8, 2022 and heard from Department
staff and various stakeholders on the proposed rule. The ACPAC meeting
was open to the public. The Department received requests for an
extension of the comment period from several commenters.\1\ In response
to those requests, and to provide additional time for stakeholders to
conduct a thorough review of the NPRM's potential impacts, the
Department extended the comment period by 35 days to January 23, 2023.
(See 87 FR 77765 (Dec. 20, 2022). During the extended comment period,
the ACPAC met again on January 12, 2023 to deliberate and vote on
recommendations in connection with the NPRM's proposals. The ACPAC
meeting was again open to the public.
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    \1\ Commenters requesting additional time for comment were
Airlines for America, the International Air Transportation
Association, the Travel Technology Association, the American Society
of Travel Advisors, and the Global Business Travel Association.
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    On January 18, 2023, the Travel Technology Association (Travel
Tech) requested an extension to file comments on the NPRM, writing that
commenters would not have a sufficient opportunity to review and
respond to the ACPAC's recommendations that resulted from its January
12 meeting.\2\ Travel Tech asserts that it and others were not able to
view the meeting when it occurred, and that, at the time the
organization requested an extension, the meeting materials had not yet
been posted to the public docket. Travel Tech requested a two-week
extension to February 6, 2023, to file comments.
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    \2\ https://www.regulations.gov/comment/DOT-OST-2022-0109-0068.
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    While materials from the ACPAC's January 12 meeting, including a
video recording of the full meeting, have been posted publicly and can
be viewed on the Department's website or on regulations.gov (Docket
DOT-OST-2018-0190), the meeting was publicly viewable on the date it
was held. Stakeholders were provided sufficient notice of the meeting
in advance, and the Federal Register notice announcing the meeting
noted that the ACPAC intended to deliberate and decide on
recommendations, if any, regarding ancillary fee transparency.\3\
Indeed, Travel Tech was aware that the ACPAC would meet on January 12
to deliberate and decide on recommendations, if any, regarding this
rulemaking. Moreover, the Department believes members of the public
have had sufficient time, nearly 4 months, to consider the proposed
rule and to file comments. In light of the foregoing, the Department
finds insufficient basis to extend further the comment period for the
Enhancing Transparency of Airline Ancillary Service Fees NPRM. As such,
the Department denies Travel Tech's request for an extension to file
comments in this rulemaking. The Department's denial notwithstanding,
commenters are reminded that late-filed comments will be considered to
the extent practicable.
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    \3\ A meeting notice was published in late December 2022 both on
the Department's website and at regulations.gov. See https://www.transportation.gov/airconsumer/latest-news and https://www.regulations.gov/document/DOT-OST-2018-0190-0087.

    Signed in Washington, DC, on or around this 20th day of January
2023, under authority delegated at 49 U.S.C. 1.27n.
John E. Putnam,
General Counsel.
[FR Doc. 2023-01517 Filed 1-25-23; 8:45 am]
BILLING CODE P


[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Rules and Regulations]
[Pages 18617-18619]
[FR Doc No: 2014-06632]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24777; Directorate Identifier 2006-NE-19-AD;
Amendment 39-17809; AD 2014-06-05]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 2007-03-02 for
all Rolls-Royce Deutschland (RRD) Tay 620-15, Tay 650-15, and Tay 651-
54 turbofan engines. AD 2007-03-02 required an ultrasonic inspection
(UI) of low-pressure (LP) compressor fan blades for cracks on certain
serial number (S/N) Tay 650-15 engines. AD 2007-03-02 also required,
for all Tay 611-8, 620-15, Tay 650-15, and Tay 651-54 engines, initial
and repetitive UIs of LP compressor fan blades. AD 2007-03-02 also
required, for Tay 650-15 and Tay 651-54 engines, UIs of LP compressor
fan blades whenever the blade set is removed from one engine and
installed on a different engine. This AD requires additional
inspections for the affected engines and removal of the Tay 611-8
engine from the applicability. This AD was prompted by a report of an
additional engine failure due to multiple fan blade separation. We are
issuing this AD to prevent failure of the LP compressor fan blade,
engine failure, and damage to the airplane.

DATES: This AD is effective May 8, 2014. Federal Register approved the
incorporation by reference of a certain publication listed in this AD
as of May 8, 2014.

ADDRESSES: For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, D-15827
Blankenfelde--Mahlow, Germany; phone: 49 0 33 7086 1200; fax: 49 0 33
7086 1212. You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA.
For information on the availability of this material at the FAA, call
781-238-7125.

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-2006-
24777; or in person at the Docket Management Facility between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The address for the Docket Office (phone: 800-
647-5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Anthony W. Cerra Jr., Aerospace
Engineer, Engine & Propeller Directorate, FAA, 12 New England Executive
Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2007-03-02, Amendment 39-14913 (72 FR 3936,
January 29, 2007), (``AD 2007-03-02''). AD 2007-03-02 applied to all
RRD Tay 611-8 and Tay 620-15 turbofan engines with LP compressor
module, part number (P/N) M01100AA or P/N M01100AB, installed, and Tay
650-15 and Tay 651-54 turbofan engines with LP compressor module, P/N
M01300AA or P/N M01300AB, installed. The NPRM published in the Federal
Register on November 29, 2013 (78 FR 71532). The NPRM proposed to
require a UI of LP compressor fan blades for cracks on certain S/N Tay
650-15 engines; initial and repetitive UIs of LP compressor fan blades
for all Tay 620-15, Tay 650-15, and Tay 651-54 engines; and UIs of LP
compressor fan blades whenever the blade set is removed from one engine
and installed on a different engine for Tay 650-15 and Tay 651-54
engines. The NPRM also proposed to require additional inspections for
the affected engines and removal of the Tay 611-8 engine from the
applicability of this AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 71532, November 29,
2013).

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed.

Costs of Compliance

    We estimate that this AD affects about 52 engines installed on
airplanes of U.S. registry. We also estimate that it will take about 4
hours per engine to remove and inspect an LP compressor blade set. The
average labor rate is $85 per hour. Prorated parts life will cost about
$11,750 per engine. Based on these figures, we estimate that the cost
of this AD on U.S. operators is $628,680.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation

is within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

    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 to the extent
that it justifies making a regulatory distinction, 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 part 39 of the Federal Aviation
Regulations (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 removing airworthiness directive (AD)
2007-03-02, Amendment 39-14913 (72 FR 3936, January 29, 2007) and
adding the following new AD:

2014-06-05 Rolls-Royce Deutschland Ltd & Co KG: (Type Certificate
previously held by Rolls-Royce plc) Amendment 39-17809; Docket No.
FAA-2006-24777; Directorate Identifier 2006-NE-19-AD.

(a) Effective Date

    This AD is effective May 8, 2014.

(b) Affected ADs

    This AD supersedes AD 2007-03-02, Amendment 39-14913 (72 FR
3936, January 29, 2007).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay
620-15 turbofan engines with low-pressure (LP) compressor module,
part number (P/N) M01100AA or P/N M01100AB, installed, and Tay 650-
15 and Tay 651-54 turbofan engines with LP compressor module, P/N
M01300AA or P/N M01300AB, installed.

(d) Unsafe Condition

    This AD was prompted by a report of an additional engine failure
due to multiple fan blade separation. We are issuing this AD to
prevent failure of the LP compressor fan blade, engine failure, and
damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) For Tay 650-15 and Tay 651-54 engine LP compressor fan blade
ultrasonic inspection (UI):
    (i) After the effective date of this AD, whenever LP compressor
fan blades are removed from an engine, before re-installation on a
different engine, inspect the LP compressor fan blades and
accomplish a UI of the LP compressor fan blades in accordance with
Instruction I of paragraph 3 of RRD Alert Non-Modification Service
Bulletin (NMSB) TAY-72-A1442, Revision 6, dated August 26, 2013.
    (ii) After the effective date of this AD, during each engine
shop visit, before return to service of the engine, inspect the LP
compressor fan blades and accomplish a UI of the LP compressor fan
blades in accordance with Instruction II of paragraph 3 of RRD Alert
NMSB TAY-72-A1442, Revision 6, dated August 26, 2013.
    (2) For Tay 620-15 engine LP compressor fan blade UI, after the
effective date of this AD, before return to service of an engine
after every mid-life, or every calendar-life, or every overhaul shop
visit, inspect the LP compressor fan blades and accomplish a UI of
the LP compressor fan blades in accordance with Instruction II of
paragraph 3 of RRD Alert NMSB TAY-72-A1442, Revision 6, dated August
26, 2013.
    (3) For Tay 620-15, Tay 650-15, and Tay 651-54 engine LP
compressor fan blade and rotor disk replacement, if during any
inspection required by paragraph (e)(1) or (e)(2) of this AD, any LP
compressor fan blade is found cracked, before next flight or return
to service of the engine, replace the complete set of the LP
compressor fan blades and the LP compressor rotor disk.

(f) Credit for Previous Actions

    If, before the effective date of this AD, you inspected or
replaced any Tay 620-15, Tay 650-15, or Tay 651-54 turbofan engine
LP compressor fan blade or rotor disk assembly using RRD Alert NMSB
TAY-72-A1442, Revision 5, dated May 31, 2013, or earlier, you have
satisfied the requirements of paragraphs (e)(1) through (e)(3) of
this AD.

(g) Definitions

    For the purposes of this AD for Tay 620-15 engines:
    (1) A mid-life shop visit is an engine shop visit accomplished
before accumulating 12,000 engine flight cycles since new (FCSN) or
flight cycles (FC) since last engine mid-life shop visit;
    (2) A calendar-life shop visit is an engine shop visit
accomplished within 10 years since new or since the last engine
calendar-life shop visit; and
    (3) An overhaul shop visit is an engine shop visit accomplished
before accumulating 22,000 engine FCSN or FC since the last engine
overhaul shop visit.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(i) Related Information

    (1) For more information about this AD, contact Anthony W. Cerra
Jr., Aerospace Engineer, Engine & Propeller Directorate, FAA, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency, AD 2013-
151R2, dated September 2, 2013, for more information. You may
examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2006-24777-0012.
    (3) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(j) 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) Rolls-Royce Deutschland Ltd & Co KG Alert Non-Modification
Service Bulletin No. TAY-72-A1442, Revision 6, dated August 26,
2013.
    (ii) Reserved.
    (3) For RRD service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, D-15827
Blankenfelde-Mahlow, Germany; phone: 49 0 33 7086 1200; fax: 49 0 33
7086 1212.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information 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 Burlington, Massachusetts, on March 18, 2014.
Ann C. Mollica,
Acting Assistant Directorate Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 2014-06632 Filed 4-2-14; 8:45 am]
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[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50626-50628]
[FR Doc No: 2016-18154]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0561, FRL-9949-99-Region 8]

Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 National
Ambient Air Quality Standards; Utah

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
Utah to demonstrate the State meets infrastructure requirements of the
Clean Air Act (CAA) for the National Ambient Air Quality Standards
(NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October
15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur
dioxide (SO2) on June 2, 2010 and fine particulate matter
(PM2.5) on December 14, 2012. The EPA is also approving
110(a)(2)(D)(ii) for the 1997 and 2006 PM2.5 NAAQS. Finally,
the EPA is approving SIP revisions the State submitted regarding state
boards.

DATES: This rule is effective on September 1, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2013-0561. All documents in the docket are
listed on the http://www.regulations.gov Web site. 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, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Infrastructure requirements for SIPs are set forth in Section
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy.
    In our proposed rule, the EPA proposed to approve and take no
action on some infrastructure elements for the 2008 Pb, 2008
ozone, 2010 NO2, 2010 SO2 and 1997,
2006 and 2012 PM2.5 NAAQS from the State's
certifications.\1\ In this rulemaking, we are taking final action to
approve infrastructure elements from the State's certifications. We are
also taking final action to approve new Utah Administrative Code (UAC)
provisions submitted on March 14, 2016 to satisfy requirements of
element (E)(ii), state boards.
---------------------------------------------------------------------------

    \1\ ``Where an air agency determines that the provisions in or
referred to by its existing EPA approved SIP are adequate with
respect to a given infrastructure SIP element (or subelement) even
in light of the promulgation of a new or revised NAAQS, the air
agency may make a SIP submission in the form of a certification.''
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September
13, 2013, at 7.
---------------------------------------------------------------------------

II. Response to Comments

    During the public comment period, we received a comment regarding
regional haze in California national parks. This comment does not apply
to this rulemaking.
    We also received comments from the Sierra Club claiming that Utah's
SIP is inadequate with respect to air monitoring and modeling
requirements of Sections 110(a)(2)(B) and 110(a)(2)(K) for the 2010
SO2 NAAQS. The Sierra Club also contends that Utah's
SO2 infrastructure SIP certification does not satisfy
requirements of CAA Section 110(a)(1) and (2) because it lacks
enforceable emission limits to ensure the implementation, attainment,
and maintenance of the 2010 SO2 NAAQS within Utah, as well
as adequate provisions prohibiting sources within the State from
emitting SO2 in amounts which will contribute to
nonattainment and interfere with maintenance of the SO2
NAAQS in neighboring states.
    Comments received from Western Resource Advocates (WRA) contend
that, because of language regarding startup, shutdown, and malfunction
exemptions in Utah's minor and major source permits, Utah's prevention
of significant deterioration (PSD) program cannot ensure emissions will
not cause or contribute to a violation of any NAAQS or PSD increment,
or that Utah's minor source permitting program protects NAAQS. WRA
therefore asserts that Utah's infrastructure SIP does not meet
requirements of Section 110(a)(2)(A) and (C). WRA also states that
Utah's infrastructure SIP does not meet the requirements of Section
110(a)(2)(F) because monitoring frequency of emissions is inadequate
and that the State's SIP does not meet the public notice requirements
of Section 127.
    The EPA generally disagrees with the Sierra Club and WRA's
comments. A separate document provides detailed responses to all
significant comments received and is included in the docket associated
with this action.

III. Final Action

    For reasons expressed in the proposed rule and the response to
comments document, the EPA is taking final action to approve
infrastructure elements from the State's certifications as shown in
Table 1. Elements we are taking no action on are reflected in Table 2.
We are also approving new UAC rules that the State submitted on March
14, 2016 to satisfy requirements of Section 110(a)(2)(E)(ii), which
pertains to state boards (Table 1).
    A comprehensive summary of infrastructure elements and new UAC
rules being approved into the Utah SIP through this final rule action
are provided in Table 1 and Table 2.

Table 1--List of Utah Infrastructure Elements and Revisions That the EPA
                              Is Approving
------------------------------------------------------------------------
                                Approval
-------------------------------------------------------------------------
December 3, 2007 submittal--1997 PM2.5 NAAQS: (D)(ii).
September 21, 2010 submittal--2006 PM2.5 NAAQS: (D)(ii).
January 19, 2012 submittal--2008 Pb NAAQS: (A), (C), (D)(i)(II) element
 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
June 2, 2013 submittal--2010 SO2 NAAQS: (A), (C), (D)(i)(II) element 3,
 (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).

January 31, 2013 submittal--2008 Ozone NAAQS: (A), (B), (C), (D)(i)(II)
 element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 31, 2013 submittal--2010 NO2 NAAQS: (A), (C), (D)(i)(II) element
 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
December 4, 2015 submittal--2012 PM2.5 NAAQS: (A), (C), (D)(i)(II)
 element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
March 14, 2016 submittal--New UAC Rules, CAA Section 128: R307-104-1,
 R307-104-2 and R307-104-3.
------------------------------------------------------------------------

Table 2--List of Utah Infrastructure Elements and Revisions That the EPA
                         Is Taking No Action On
------------------------------------------------------------------------
      No Action (Revision to be made in separate rulemaking action)
-------------------------------------------------------------------------
January 19, 2012 submittal--2008 Pb NAAQS: (B), (D)(i)(I) elements 1 and
 2, (D)(i)(II) element 4.
January 31, 2013 submittal--2008 Ozone NAAQS: (D)(i)(I) elements 1 and
 2, (D)(i)(II) element 4.
January 31, 2013 submittal--2010 NO2 NAAQS: (B), (D)(i)(I) elements 1
 and 2, (D)(i)(II) element 4.
June 2, 2013 submittal--2010 SO2 NAAQS: (B), (D)(i)(I) elements 1 and 2,
 (D)(i)(II) element 4.
December 4, 2015 submittal--2012 PM2.5 NAAQS: (B), (D)(i)(I) elements 1
 and 2, (D)(i)(II) element 4.
------------------------------------------------------------------------

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the UAC
discussed in section III, Final Action of this preamble. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).

V. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 October 3, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

     Dated: July 19, 2016.
Shaun L. McGrath,
Acting Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart TT--Utah

0
2. Amend Sec.  52.2320, paragraph (c) table, by adding in numerical
order, center heading ``R307-104. Conflict of Interest'' and entries
``R307-104-01'', ``R307-104-02'', and ``R307-104-03'' to read as
follow:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State  effective        Final rule
            Rule No.                   Rule title             date           citation,  date        Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         R307-104. Conflict of Interest
----------------------------------------------------------------------------------------------------------------
R307-104-01.....................  Authority..........  6/01/2016.........  [Insert Federal
                                                                            Register
                                                                            citation], 8/02/
                                                                            2016.
R307-104-02.....................  Purpose............  6/01/2016.........  [Insert Federal
                                                                            Register
                                                                            citation], 8/02/
                                                                            2016.
R307-104-03.....................  Disclosure of        6/01/2016.........  [Insert Federal
                                   conflict of                              Register
                                   interest.                                citation], 8/02/
                                                                            2016.

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

* * * * *

0
3. Amend Sec.  52.2355 by adding paragraph (c) to read as follows:

Sec.  52.2355  Section 110(a)(2) infrastructure requirements.

* * * * *
    (c) Gary R. Herbert, Governor, State of Utah, provided submissions
to meet the infrastructure requirements for the State of Utah for the
1997 PM2.5 NAAQS on December 3, 2007; 2006 PM2.5
NAAQS on September 21, 2010; 2008 Pb NAAQS on January 19, 2012; 2008
ozone NAAQS on January 31, 2013; 2010 NO2 NAAQS on January
31, 2013; 2010 SO2 NAAQS on June 2, 2013; and 2012
PM2.5 on December 4, 2015. The State's Infrastructure SIP is
approved with respect to the 1997 and 2006 PM2.5 NAAQS with
respect to CAA Section 110(a)(1) and element (D)(ii) of Section
110(a)(2). The State's Infrastructure SIP is approved with respect to
the 2008 ozone NAAQS with respect to CAA Section 110(a)(1) and the
following elements of Section 110(a)(2): (A), (B), (C), (D)(i)(II)
prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The
State's Infrastructure SIP is approved with respect to the 2008 Pb,
2010 SO2, 2010 NO2, and 2012 PM2.5
NAAQS with respect to CAA Section 110(a)(1) and the following elements
of Section 110(a)(2): (A), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M).

[FR Doc. 2016-18154 Filed 8-1-16; 8:45 am]
 BILLING CODE 6560-50-P