[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62671-62673]
[FR Doc No: 2011-26112]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1061; Directorate Identifier 2011-NM-053-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Model FALCON 7X
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    The manufacturer of the Transformer Rectifier Unit (TRU) part of
the Ram Air Turbine (RAT) system has identified an incorrect design
of the part.
* * * * *
    This condition, if not corrected, and if occurring while the RAT
is deployed, could result in a degraded direct current power which
is distributed to essential aeroplane systems and therefore
aeroplane operations might be impaired.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 25,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1061;
Directorate Identifier 2011-NM-053-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any

personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this
proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0008, dated January 18, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The manufacturer of the Transformer Rectifier Unit (TRU) part of
the Ram Air Turbine (RAT) system has identified an incorrect design
of the part.
    The internal wiring that conducts the high voltage alternative
current from the RAT generator may become loose due to insufficient
crimping of the wire and contacts.
    This condition, if not corrected, and if occurring while the RAT
is deployed, could result in a degraded direct current power which
is distributed to essential aeroplane systems and therefore
aeroplane operations might be impaired.
    To address this unsafe condition, the manufacturer of the RAT
TRU has developed an improved RAT TRU with a new Part Number (P/N).
    This [EASA] AD requires replacement of the affected RAT TRU by a
modified RAT TRU.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Dassault Aviation has issued Mandatory Service Bulletin 7X-163,
dated December 1, 2010. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 27 products of U.S. registry. We also estimate that
it would take about 13 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $16,310 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $470,205, or $17,415 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Dassault Aviation: Docket No. FAA-2011-1061; Directorate Identifier
2011-NM-053-AD.

Comments Due Date

    (a) We must receive comments by November 25, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Aviation Model FALCON 7X
airplanes, all serial numbers, certificated in any category;
equipped with any Ram Air Turbine (RAT) Transformer Rectifier Unit
(TRU) having part number (P/N) 5913703.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    The manufacturer of the Transformer Rectifier Unit (TRU) part of
the Ram Air Turbine (RAT) system has identified an incorrect design
of the part.
* * * * *

    This condition, if not corrected, and if occurring while the RAT
is deployed, could result in a degraded direct current power which
is distributed to essential aeroplane systems and therefore
aeroplane operations might be impaired.
* * * * *

Compliance

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

Actions

    (g) Within 28 months after the effective date of this AD,
replace any RAT TRU having P/N 5913703 with a RAT TRU having P/N
5915825, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin 7X-163, dated December 1, 2010.

Parts Installation

    (h) As of the effective date of this AD, no person may install
any RAT TRU having P/N 5913703, on any airplane.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 International
Branch, send it to Attn: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; fax<PHONE_NUMBER>: Information may be e-mailed to:
<EMAIL_ADDRESS>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. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0008, dated January 18, 2011; and Dassault Mandatory
Service Bulletin 7X-163, dated December 1, 2010; for related
information.

    Issued in Renton, Washington, on September 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-26112 Filed 10-7-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 31, 2008 (Volume 73, Number 212)]
[Notices]
[Page 64998-65000]
[DOCID:fr31oc08-115]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58850; File No. SR-NYSE-2008-107]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Amending NYSE Rule 17 To Rescind the Provisions of Paragraph (b)
Governing Vendor Liability

October 24, 2008.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on October 20, 2008, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Exchange filed the proposed rule change pursuant to
Section 19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(6) thereunder,\5\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE 17 to rescind the provisions of
paragraph (b) governing vendor liability. The text of the proposed rule
change is available at the principal office of the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in Sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 17 to rescind the
provisions of paragraph (b) governing vendor liability.
Current Vendor Liability Provisions
    On July 10, 2008, the Exchange amended NYSE Rule 17 to provide,
among other things, that its vendors and/or its subcontractors of
electronic systems, services or facilities not be liable for any loss
sustained by a member or member organization arising from use of the
vendor and/or subcontractor systems, services or facilities.\6\ The
Rule further required members and member organizations to indemnify the
Exchange and its vendors and/or subcontractors. It further set forth
certain provisions that the Exchange may include in contracts connected
to a member or member organization's use of any electronic systems,
services or facilities provided by the Exchange.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Release No. 58137 (July 10, 2008),
73 FR 41145 (July 17, 2008) (SR-NYSE-2008-55). The amendments to
NYSE Rule 17 were based on American Stock Exchange (``Amex'') Rule
60 and were part of the process to reconcile the differences in NYSE
and Amex rules. NYSE completed its acquisition of the Amex on
October 1, 2008. See Securities Exchange Release No. 58673
(September 29, 2008), 73 FR 57707 (October 3, 2008) (SR-AMEX-2008-62
and SR-NYSE-2008-60).
---------------------------------------------------------------------------

Rescission of Vendor Liability Provisions
    The Exchange adopted the vendor liability provisions of NYSE Rule
17 to address concerns about vendors being exposed to great risk of
liability from exchange members when such vendors provide facilities
and services directly to an exchange and not directly to actual users,
i.e., exchange members. The possibility of liability to end-users with
whom vendors have no contractual relationship could result in vendors
being unwilling to enter into agreement to provide their services to
exchanges. In order for the Exchange to maintain its ability to deliver
faster and more efficient trading tools to market participants, the
Exchange adopted the vendor liability provisions of NYSE Rule 17 to
address the risk of liability concerns.
    In reviewing the current rule with NYSE constituency, it is clear
that the NYSE must also consider the possible risk presented to members
and member organizations with regard to requiring

members and member organizations to indemnify the Exchange vendors and
its subcontractors. The Exchange therefore seeks to rescind the vendor
liability provisions of NYSE 17, i.e., paragraph (b) of the current
rule, thereby reverting the rule to its original content prior to the
effectiveness of SR-NYSE-55 [sic].\7\ The Exchange will work with its
constituency and vendors to create a proposed rule that addresses all
of the aforementioned concerns at which time the Exchange will formally
submit its proposal to the Commission pursuant to Section 19b of the
Securities Exchange Act of 1934 (the ``Act'').
---------------------------------------------------------------------------

    \7\ The Exchange notes that a minor stylistic change that was
part of this amendment is not being rescinded.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The Exchange
believes that the rescission of the liability provisions promotes just
and equitable principles of trade and protects investors and the public
interest because it removes potential risks to its members and member
organizations until the Exchange can create a mechanism that adequately
addresses issues of liability for all parties concerned.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange received feedback from its constituents raising
concerns about the possible risk presented to members and member
organizations with regard to the provisions of NYSE Rule 17 that
require members and member organizations to indemnify Exchange vendors
and the subcontractors of vendors.

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

    The Exchange has designated the proposed rule change as one that:
(i) Does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) by its terms, does not become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest. Therefore, the foregoing proposed rule change
has become effective pursuant to Section 19(b)(3)(A) of the Exchange
Act \10\ and Rule 19b-4(f)(6) thereunder.\11\ A proposed rule change
filed under Rule 19b-4(f)(6) normally does not become operative until
30 days after the date of filing.\12\ However, Rule 19b-4(f)(6)(iii)
\13\ permits the Commission to designate a shorter time if such action
is consistent with the protection of investors and the public interest.
The Exchange requests that the Commission waive the 30-day delayed
operative date, so that the proposed rule change may become immediately
operative pursuant to Section 19(b)(3)(A) and Rule 19b-4(f)(6)
thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ Id. In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Exchange has
satisfied this requirement.
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange believes that good cause exists to justify waiver of
the operative delay in order to immediately remove potential risks to
its members and member organizations. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. The Commission therefore grants the
Exchange's request and designates the proposal to be operative upon
filing.\14\
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Exchange Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-107 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2008-107. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2008-107 and should be
submitted on or before November 21, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-25861 Filed 10-30-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65061-65063]
[FR Doc No: 2019-25576]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0214; FRL-10002-53-Region 4]

Air Plan Approval; Alabama: Revisions to Cross-State Air
Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Alabama State Implementation Plan (SIP),
submitted by the State of Alabama, through the Alabama Department of
Environmental Management (ADEM), via two letters dated August 27, 2018,
and October 25, 2018. The proposed SIP revisions make technical
amendments to the State's Cross-State Air Pollution Rule (CSAPR)
regulations. This action is being taken pursuant to the Clean Air Act
(CAA or Act).

DATES: Comments must be received on or before December 26, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0214 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Scofield can be
reached via telephone at<PHONE_NUMBER>, or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    EPA is proposing to approve changes to the Alabama SIP that were
provided to EPA through two letters dated August 27, 2018, and October
25, 2018.\1\ Specifically, EPA is proposing to approve two SIP
revisions that include changes to Alabama's CSAPR regulations, found in
ADEM Administrative Code Rules 335-3-5-.13, 335-3-8-.14, 335-3-8-.40,
and 335-3-8-.46.\2\
---------------------------------------------------------------------------

    \1\ EPA received ADEM's submissions on September 7, 2018 and
October 30, 2018, respectively.
    \2\ EPA notes that the Agency received other revisions to
Alabama SIP submitted with the August 27, 2018, letter. EPA will
consider action on the remaining revisions in separate actions.
---------------------------------------------------------------------------

    Alabama's August 27, 2018, SIP revision makes changes to ADEM's
CSAPR regulations by adding the term ``Group 2'' in several places to
Rule 335-3-8-.40 to make the terminology consistent with EPA's CSAPR
NOX Ozone Season Group 2 Trading Program regulations.
Alabama's October 25, 2018, SIP revision changes the CSAPR regulations
in Rules 335-3-5-.13, 335-3-8-.14, and 335-3-8-.46 by explicitly
addressing the disposition of any allowances that remain after
allocations to all existing units have reached their historical
emission caps as well as any allowances set aside for new units in
Indian country within the State and not used for that purpose. In
addition, the October 25, 2018, SIP revision makes minor and
administrative changes, such as correcting typographical errors.

II. Background

    EPA issued CSAPR in July 2011 and the CSAPR Update in September
2016 to address the requirements of CAA section 110(a)(2)(D)(i)(I)
concerning interstate transport of air pollution for specific National
Ambient Air Quality Standards (NAAQSs).\3\ Under CSAPR, large
electricity generating units (EGUs) in Alabama were subject to the
Federal Implementation Plan (FIP) provisions requiring the units to
participate in federal allowance trading programs for annual emissions
of sulfur dioxide (SO2) and annual and ozone season
emissions of nitrogen oxides (NOX). CSAPR includes
provisions under which states may submit for EPA approval SIP revisions
to modify or replace the CSAPR FIP requirements while allowing states
to continue to meet their transport-related obligations using either
CSAPR's federal emissions trading programs or state emissions trading
programs integrated with the federal programs, provided that the SIP
revisions meet all relevant criteria. Alabama previously submitted, and
EPA has approved, SIP revisions to replace the CSAPR and CSAPR Update
FIP requirements applicable to the State's EGUs with requirements
established under Alabama's own CSAPR state

trading program regulations. See 81 FR 59869 (August 31, 2016); 82 FR
46674 (October 6, 2017).
---------------------------------------------------------------------------

    \3\ See Federal Implementation Plans; Interstate Transport of
Fine Particulate Matter and Ozone and Correction of SIP Approvals,
76 FR 48208 (August 8, 2011); Cross-State Air Pollution Rule Update
for the 2008 Ozone NAAQS, 81 FR 74504 (October 26, 2016).
---------------------------------------------------------------------------

III. Analysis of State's Submittal

    Alabama's August 27, 2018, SIP revision makes changes to the
State's CSAPR regulations by adding the term ``Group 2'' throughout
Rule 335-3-8-.40. These changes were intended to make the terminology
in ADEM's Transport Rule (TR) NOX Ozone Season Group 2
Trading Program rule consistent with EPA's CSAPR regulations.
    Alabama's October 25, 2018, SIP revision makes changes to the
State's CSAPR regulations by amending Rules 335-3-8-.14 and 335-3-
8-.46, in the CSAPR NOX trading rules in Chapter 335-3-8,
and Rule 335- 3-5-.13, in the CSAPR SO2 trading rules in
Chapter 335-3-5, to more clearly address the distribution of any
allowances that may remain after allocations to all existing units have
reached their historical emissions caps. These revisions ensure that
Alabama's rules contain provisions explicitly providing for the
disposition of the total budget established for units in Alabama by EPA
for each trading program, consistent with Alabama's original intent in
adopting its trading program regulations and with EPA's understanding
when initially approving the regulations into the SIP.\4\ Similarly,
language was also added to Rule 335-3-8-.14 to explicitly provide for
the disposition of 13 allowances that are set aside for any new CSAPR
NOX Ozone Season Group 2 units in Indian country within the
State of Alabama in the event that EPA does not allocate the allowances
to such units. Finally, as discussed above, addition, the October 25,
2018, SIP revision makes minor changes that do not change the substance
of the regulations, such as correcting typographical errors.
---------------------------------------------------------------------------

    \4\ See notices of proposed rulemaking to approve Alabama's
CSAPR state trading program regulations at 82 FR 39070 (August 17,
2017), and 81 FR 41914 (June 28, 2016).
---------------------------------------------------------------------------

    With the aforementioned changes, the State's CSAPR regulations as
revised remain consistent with all the applicable requirements in 40
CFR 52.38 and 52.39 for approval of CSAPR SIP revisions. EPA proposes
to find that these changes to Rule 335-3-5 and Rule 335-3-8 also will
not interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the CAA. Therefore, EPA is proposing to
approve these changes into the Alabama SIP.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference ADEM Administrative Code Rules 335-3-5-.13, 335-3-8-.14, 335-
3-8-.40, and 335-3-8-.46, which make the following revisions to
Alabama's SIP: Add the term ``Group 2'' to the State's rules consistent
with EPA's CSAPR NOX Ozone Season Group 2 Trading Program
regulations, address the disposition of any allowances that remain
after allocations to all existing units have reached their historical
emission caps as well as any allowances set aside for new CSAPR
NOX Ozone Season Group 2 units in Indian country within
Alabama and not used for that purpose, and make other minor changes.
The revisions were state effective on October 5, 2018, and December 7,
2018. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).

V. Proposed Action

    EPA is proposing to approve changes to the Alabama SIP, that were
provided to EPA through Alabama's August 27, 2018, and October 25,
2018, SIP revisions. Specifically, EPA is proposing to approve changes
to ADEM Administrative Code Rules 335-3-5-.13, 335-3-8-.14, 335-3-
8-.40, and 335-3-8-.46, as described above, in order to make the
terminology in Alabama's regulations more consistent with the federal
CSAPR regulations and explicitly provide for the disposition of certain
allowances included in the State's overall budgets. This action is
limited to the rules currently before the Agency and does not modify
any other CSAPR rules in Alabama's SIP.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
propose to approve state law as meeting Federal requirements and do not
impose additional requirements beyond those imposed by state law. For
that reason, these proposed actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having significant economic impacts
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 13, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-25576 Filed 11-25-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37202-37203]
[FR Doc No: 2017-16760]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-915-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: Negotiated Rates--Various Capacity Releases to be
effective 8/1/2017.
    Filed Date: 07/27/2017.
    Accession Number: 20170727-5026.
    Comment Date: 5:00 p.m. Eastern Time on Tuesday, August 08, 2017.

    Docket Numbers: RP17-916-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Big Sandy Pipeline, LLC submits tariff filing per
154.203: Big Sandy Fuel Filing effective 9-1-2017.
    Filed Date: 07/27/2017.
    Accession Number: 20170727-5166.
    Comment Date: 5:00 p.m. Eastern Time on Tuesday, August 08, 2017.

    Docket Numbers: RP17-917-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Southern Star Central Gas Pipeline, Inc. submits
tariff filing per 154.204: Vol. 2 Negotiated and Non-Conforming Tenaska
Flexible PLS--August Amendment to be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5036.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-918-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Amendments to Negotiated Rate and Non-conforming
Agreements (Pensacola 43993) to be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5049.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-919-000.
    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Cap Rel Neg Rate Agmt (Atlanta Gas 8438 to various eff 8-
1-17) to be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5050.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-920-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Neg Rate Agmt Filing (DTE 47785) to be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5054.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-921-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits tariff filing per
154.204: Neg Rate 2017-07-28 StatOil to be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5112.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-922-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.204: Non-Conforming Agreements--Garden State to
be effective 9/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5115.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-923-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: El Paso Natural Gas Company, L.L.C. submits tariff
filing per 154.601: Negotiated Rate Agreement Update (APS Aug 2017) to
be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5117.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-924-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.204: Neg Rate 2017-07-28 4 K's to be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5174.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-925-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.204: Negotiated Rates--Cherokee AGL--Replacement
Shippers--Aug 2017 to be effective 8/1/2017.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5194.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 09, 2017.

    Docket Numbers: RP17-926-000.
    Applicants: Equitrans, L.P.
    Description: Request for Temporary Waiver of certain NAESB
Standards of Equitrans, L.P.
    Filed Date: 07/28/2017.
    Accession Number: 20170728-5231.
    Comment Date: 5:00 p.m. Eastern Time on Monday, August 07, 2017.

    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 Sec.  385.214) on or
before 5:00 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 July 31, 2017.
Nathaniel J. Davis, Sr.
 Deputy Secretary.
[FR Doc. 2017-16760 Filed 8-8-17; 8:45 am]
 BILLING CODE 6717-01-P