[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53223-53228]
[FR Doc No: 2021-20618]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0254; FRL-8727-02-R9]

Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area
Requirements; West Mojave Desert, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of state implementation plan (SIP) revisions
submitted by the State of California to meet Clean Air Act (CAA or
``Act'') requirements for the 2008 8-hour ozone national ambient air
quality standards (NAAQS or ``standards'') in the Los Angeles-San
Bernardino Counties (West Mojave Desert), California ozone
nonattainment area (``West Mojave Desert'' or WMD). The SIP revisions
address the ``Severe-15'' nonattainment area requirements for the 2008
ozone NAAQS, including the requirements for emissions inventories,
attainment demonstration, reasonable further progress, reasonably
available control measures, and contingency measures, among others; and
establishes motor vehicle emissions budgets. The EPA is approving the
SIP revisions as meeting all the applicable ozone nonattainment area
requirements, except for the contingency measures requirement, for
which the EPA is deferring action.

DATES: This rule is effective on October 27, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0254. 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: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415)
972-3856, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

I. Summary of the Proposed Action

    On May 10, 2021, the EPA proposed to approve, under CAA section
110(k)(3), and to conditionally approve, under CAA section 110(k)(4),
two SIP submittals from the California Air Resources Board (CARB)
addressing planning obligations for the West Mojave Desert \1\ as a
Severe-15 nonattainment area for the 2008 ozone NAAQS.\2\ The first,
submitted June 2, 2017, includes attainment plans prepared by the
Antelope Valley Air Quality Management District (AVAQMD) and the Mojave
Desert Air Quality Management District (MDAQMD) (collectively,
``Districts''), an accompanying staff report prepared by CARB (``CARB
Staff Report''), and other supporting documents.\3\ We refer to all the
documents submitted to the EPA on June 2, 2017, as the ``2016 WMD
Attainment Plan.''
---------------------------------------------------------------------------

    \1\ 86 FR 24809 (May 10, 2021). The West Mojave Desert consists
of the northeast portion of Los Angeles County and the southwest
portion of San Bernardino County. For a precise definition of the
boundaries of the West Mojave Desert 2008 ozone nonattainment area,
see 40 CFR 81.305.
    \2\ In accordance with CAA section 181(a)(1), 40 CFR 51.1102 and
51.1103(a), nonattainment areas classified as Severe-15 must attain
the NAAQS within 15 years of the effective date of the nonattainment
designation.
    \3\ ``AVAQMD Federal 75 ppb Ozone Attainment Plan (Western
Mojave Desert Nonattainment Area),'' adopted on March 21, 2017,
``MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert
Nonattainment Area),'' adopted on February 27, 2017, and ``CARB
Review of the Mojave Desert AQMD and Antelope Valley AQMD Federal 75
ppb Ozone Attainment Plans for the Western Mojave Desert
Nonattainment Area,'' released April 21, 2017.
---------------------------------------------------------------------------

    The second submittal, sent on December 11, 2018, is the ``2018
Updates to the California State Implementation Plan'' (``2018 SIP
Update'').\4\ CARB adopted the 2018 SIP Update on October 25, 2018.
CARB developed the 2018 SIP Update in response to the court's decision
in South Coast II \5\ vacating the 2008 Ozone SIP Requirements Rule
(``2008 Ozone SRR'') \6\ with respect to the use of an alternate
baseline year for demonstrating reasonable further progress (RFP), and
to address contingency measure requirements in the wake of the decision
by the Ninth Circuit Court of Appeals in Bahr v. EPA (``Bahr'').\7\ The
2018 SIP Update includes updates for eight different California ozone
nonattainment areas. We have previously approved portions of the 2018
SIP Update related to other nonattainment areas.\8\ For the West Mojave
Desert, the 2018 SIP Update includes an RFP demonstration using the
required 2011 baseline year and revised motor vehicle emission budgets
for the 2008 ozone NAAQS.\9\
---------------------------------------------------------------------------

    \4\ Letter dated December 5, 2018, from Richard Corey, Executive
Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region
IX, and electronically transmitted to the EPA's State Planning
Electronic Collaboration System on December 11, 2018.
    \5\ South Coast Air Quality Management District v. EPA, 882 F.3d
1138 (D.C. Cir. 2018). The term ``South Coast II'' is used in
reference to the 2018 court decision to distinguish it from a
decision published in 2006 also referred to as ``South Coast.'' The
earlier decision involved a challenge to the EPA's Phase 1
implementation rule for the 1997 ozone NAAQS. South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
    \6\ 2008 Ozone SRR, 80 FR 12264, 12283 (March 6, 2015).
    \7\ Bahr v. EPA, 836 F.3d 1218 (9th Cir. 2016). In this case,
the court rejected the EPA's longstanding interpretation of CAA
section 172(c)(9) as allowing for early implementation of
contingency measures. The court concluded that a contingency measure
must take effect at the time the area fails to make RFP or attain by
the applicable attainment date, not before. See also Sierra Club v.
EPA, 985 F.3d 1055 (D.C. Cir. 2021), reaching a similar decision.
These cases are addressed below in Section III.G of this document.
    \8\ See, e.g., 84 FR 11198 (March 25, 2019) (final approval of
the San Joaquin Valley portion of the 2018 SIP Update) and 84 FR
52005 (October 1, 2019) (final approval of the South Coast portion
of the 2018 SIP Update).
    \9\ CARB withdrew the 2016 WMD Attainment Plan RFP demonstration
in a letter dated December 18, 2019, from Richard Corey, Executive
Officer, CARB, to Michael Stoker, Regional Administrator, EPA Region
IX.
---------------------------------------------------------------------------

    In our proposed rule, we provided background information on the
ozone standards,\10\ area designations, and

related SIP revision requirements under the CAA and the EPA's
implementing regulations for the 2008 ozone standards, referred to as
the 2008 Ozone SRR. To summarize, the West Mojave Desert is classified
as Severe-15 for the 2008 ozone NAAQS, and CARB's submittals were
developed to address the statutory and regulatory requirements for
revisions to the SIP for the West Mojave Desert Severe-15 ozone
nonattainment area.
---------------------------------------------------------------------------

    \10\ The 1-hour ozone NAAQS is 0.12 parts per million (ppm)
(one-hour average), the 1997 ozone NAAQS is 0.08 ppm (eight-hour
average), and the 2008 ozone NAAQS is 0.075 ppm (eight-hour
average).
---------------------------------------------------------------------------

    Under the 2008 Ozone SRR, areas classified as Severe-15 for the
2008 ozone NAAQS must demonstrate attainment within 15 years of the
effective date of the nonattainment designation, July 20, 2027, and
states must implement all control measures needed for attainment no
later than the beginning of the attainment year ozone season.\11\ The
attainment year ozone season is defined as the ozone season immediately
preceding a nonattainment area's outermost attainment date, or 2026.
---------------------------------------------------------------------------

    \11\ 80 FR 12264 (March 6, 2015).
---------------------------------------------------------------------------

    Our proposed conditional approval of the contingency measures
element of the 2016 WMD Attainment Plan relied on specific commitments:
(1) The MDAQMD would submit a board resolution further detailing the
circumstances, timing, and procedure for implementing this contingency
measure, within 11 months of the EPA's final conditional approval of
the contingency measures element of the 2016 WMD Attainment Plan,\12\
and (2) CARB would submit the adopted board resolution to the EPA as a
SIP revision within 12 months of the EPA's final action.\13\ For more
information on these SIP submittals and related commitments, please see
our proposed rule.
---------------------------------------------------------------------------

    \12\ Letter dated March 29, 2021, from Brad Poiriez, Executive
Officer, MDAQMD, to Richard Corey, Executive Officer, CARB.
    \13\ Letter dated April 9, 2021, from Michael Benjamin, Chief,
Air Quality Planning and Science Division, CARB, to Deborah Jordan,
Acting Regional Administrator, EPA Region IX. CARB's letter also
forwarded the MDAQMD's commitment letter to the EPA. The MDAQMD's
letter is dated March 29, 2021, from Brad Poiriez, Executive
Officer, MDAQMD, to Richard Corey, CARB Executive Officer.
---------------------------------------------------------------------------

    In our proposed rule, we reviewed the various SIP elements
contained in CARB's submittals, evaluated them for compliance with
statutory and regulatory requirements, and concluded that they meet all
applicable requirements, except for the contingency measure
requirement, for which the EPA proposed conditional approval. More
specifically, in our proposed rule, we based our proposed actions on
the following determinations:
     CARB and the Districts met all applicable procedural
requirements for public notice and hearing prior to the adoption and
submittal of the 2016 WMD Attainment Plan and the 2018 SIP Update; \14\
---------------------------------------------------------------------------

    \14\ 86 FR 24809, 24812.
---------------------------------------------------------------------------

     The 2012 base year emissions inventory from the 2016 WMD
Attainment Plan is comprehensive, accurate, and current, and therefore
meets the requirements of CAA sections 172(c)(3) and 182(a)(1) and 40
CFR 51.1115. Additionally, the future year baseline projections reflect
appropriate calculation methods and the latest planning assumptions and
are properly supported by the SIP-approved stationary and mobile source
measures; \15\
---------------------------------------------------------------------------

    \15\ Id. at 24812-24814 and 24816-24819.
---------------------------------------------------------------------------

     The emissions statement element of the 2016 WMD Attainment
Plan meets the requirements for emissions statements under CAA section
182(a)(3)(B) and 40 CFR 51.1102 for the 2008 ozone NAAQS; \16\
---------------------------------------------------------------------------

    \16\ Id. at 24814-24815.
---------------------------------------------------------------------------

     The process followed by the Districts to identify
reasonably available control measures (RACM) is generally consistent
with the EPA's recommendations; the Districts' rules provide for the
implementation of RACM for stationary and area sources of oxides of
nitrogen (NOX) and volatile organic compounds (VOC); \17\
CARB and the Districts provide for the implementation of RACM for
mobile sources of NOX and VOC; there are no additional RACM
that would advance attainment of the 2008 ozone NAAQS in the West
Mojave Desert by at least one year; and therefore, the 2016 WMD
Attainment Plan provides for the implementation of all RACM as required
by CAA section 172(c)(1) and 40 CFR 51.1112(c); \18\
---------------------------------------------------------------------------

    \17\ Ground-level ozone pollution is formed from the reaction of
VOC and NOX in the presence of sunlight. CARB refers to
reactive organic gases (ROG) in some of its ozone-related
submittals. The CAA and the EPA's regulations refer to VOC, rather
than ROG, but both terms cover essentially the same set of gases.
    \18\ 86 FR 24809, 24815-24816.
---------------------------------------------------------------------------

     The photochemical modeling in the 2016 WMD Attainment Plan
shows that existing CARB and District control measures are sufficient
to attain the 2008 ozone NAAQS by the applicable attainment date, July
20 2027; given the documentation in the 2016 WMD Attainment Plan of
modeling procedures and good model performance, the modeling is
adequate to support the attainment demonstration; and therefore the
2016 WMD Attainment Plan meets the attainment demonstration
requirements of CAA section 182(c)(2)(A) and 40 CFR 51.1108; \19\
---------------------------------------------------------------------------

    \19\ Id. at 24816-24819.
---------------------------------------------------------------------------

     The RFP demonstration in the 2018 SIP Update provides for
emissions reductions of VOC or NOX of at least 3 percent per
year on average for each three-year period, beginning 6 years after the
baseline year until the attainment date, and thereby meets the
requirements of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR
51.1110(a)(2)(ii); \20\
---------------------------------------------------------------------------

    \20\ Id. at 24819-24821.
---------------------------------------------------------------------------

     The vehicle miles traveled (VMT) emissions offset
demonstration shows that CARB and the Southern California Association
of Governments have adopted sufficient transportation control
strategies and transportation control measures to offset the growth in
emissions from growth in VMT and vehicle trips in the West Mojave
Desert, and thereby complies with the VMT emissions offset requirement
in CAA section 182(d)(1)(A) and 40 CFR 51.1102 for the 2008 ozone
NAAQS; \21\
---------------------------------------------------------------------------

    \21\ Id. at 24821-24823.
---------------------------------------------------------------------------

     The motor vehicle emissions budgets in the 2018 SIP Update
are consistent with the RFP demonstration, are clearly identified and
precisely quantified, and meet all other applicable statutory and
regulatory requirements in 40 CFR 93.118(e), including the adequacy
criteria in 40 CFR 93.118(e)(4) and (5); \22\ and
---------------------------------------------------------------------------

    \22\ Id. at 24825-24827. In light of CARB's request to limit the
duration of the approval of the budgets in the 2018 SIP Update and
in anticipation of the EPA's approval, in the near term, of an
updated version of CARB's EMFAC (short for EMission FACtor) model
for use in SIP development and transportation conformity in
California to include updated vehicle mix and emissions data, we
proposed to limit the duration of our approval of the budgets until
replacement budgets have been found adequate. See id. at 24827.
---------------------------------------------------------------------------

     Through previous EPA approvals of California's vehicle
inspection and maintenance (I/M) program, the 1994 ``Opt-Out Program''
SIP revision, the 1993 Photochemical Assessment Monitoring Station SIP
revision, and the 2020 annual monitoring network plan for the West
Mojave Desert, the 2016 WMD Attainment Plan adequately addresses, for
the 2008 ozone NAAQS, the enhanced I/M requirements in CAA section
182(c)(3) and 40 CFR 51.1102; the clean fuels fleet program in CAA
sections 182(c)(4) and 246 and 40 CFR 51.1102; and the enhanced ambient
air monitoring requirements in CAA section 182(c)(1) and 40 CFR
51.1102.\23\
---------------------------------------------------------------------------

    \23\ Id. at 24827-24828.

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

    For the enhanced I/M element, the proposed rule notes that an
enhanced I/M program is currently implemented in a portion of the West
Mojave Desert.\24\ As summarized above, the proposed rule identifies
this program as a required element for the area under CAA section
182(c)(3). On review, however, we have confirmed that the West Mojave
Desert does not meet the population threshold in CAA section
182(c)(3),\25\ and therefore is not subject to the enhanced I/M
requirement for the 2008 ozone NAAQS. The State of California has
elected to implement an enhanced I/M vehicle program in portions of the
West Mojave Desert as part of the ozone control strategy for the area.
We most recently approved California's I/M program in 2010.\26\
---------------------------------------------------------------------------

    \24\ Id. at 24827.
    \25\ 40 CFR 51.350(a)(2) (requiring enhanced I/M in any 1990
Census-defined urbanized area within an ozone nonattainment area
classified as Serious or above with a 1980 Census-defined urbanized
area with a population of 200,000 or more).
    \26\ 75 FR 38023 (July 1, 2010). See also related notice of
proposed rulemaking at 74 FR 41818 (August 19, 2009).
---------------------------------------------------------------------------

    In light of the Bahr decision, the MDAQMD \27\ and CARB \28\
committed to supplement the contingency measure element through
submission, as a SIP revision (within one year of our final conditional
approval action), of a board resolution further detailing the
circumstances, timing, and procedures for implementing I/M in the
portion of the West Mojave Desert not subject to enhanced I/M,\29\ if
an RFP milestone is not met or if the area fails to attain the 2008
ozone NAAQS by the applicable attainment date.\30\ The EPA proposed to
conditionally approve the contingency measure element as meeting the
requirements of CAA sections 172(c)(9) and 182(c)(9). Please see our
proposed rule for more information concerning the background for this
action and for a more detailed discussion of the rationale for approval
or conditional approval of the above-listed elements of CARB's
submittals.
---------------------------------------------------------------------------

    \27\ Letter dated March 29, 2021, from Brad Poiriez, Executive
Officer, MDAQMD, to Richard Corey, CARB Executive Officer.
    \28\ Letter dated April 9, 2021, from Michael Benjamin, Chief,
Air Quality Planning and Science Division, CARB, to Deborah Jordan,
Acting Regional Administrator, EPA Region IX. CARB's letter also
forwarded the MDAQMD's commitment letter to the EPA.
    \29\ As described in the proposed rule, enhanced I/M is
implemented in the West Mojave Desert in all of the area under the
jurisdiction of the AVAQMD and in a portion of the area under the
jurisdiction of the MDAQMD.
    \30\ 86 FR 24809, 24823-24825.
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The public comment period on the proposed rule opened on May 10,
2021, the date of its publication in the Federal Register, and closed
on June 9, 2021. During this period, the EPA received two comment
letters, one submitted by an individual and one submitted by the
Colorado River Indian Tribes (CRIT or ``Tribes''). We address the
comments in the following paragraphs of this final rule.
    Comment #1: CRIT objected to language in the proposal stating that
``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,'' and that the proposed action therefore ``does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law'' in these areas.
CRIT argued that this analysis takes an overly narrow view of tribal
interests, noting that the Tribes' ancestral homelands extend far
beyond the boundaries of the Tribes' reservation, and that these areas
have substantial cultural, spiritual, and religious significance for
the Tribes. For this reason, CRIT stated, they have an interest in
ensuring that air quality impacts in the West Mojave Desert are
adequately considered and mitigated, even where they lack jurisdiction.
CRIT observed that the EPA has a responsibility to consult on a
government-to-government basis with federally recognized tribal
governments when EPA actions and decisions may affect tribal interests,
based on Executive Order 13175 and the EPA Region IX draft tribal
consultation guidelines,\31\ and stated that this responsibility is not
limited to actions on lands where tribes have jurisdiction.\32\ CRIT
requested a 15-day extension to review the proposal and provide
comments, because they were not provided notice of the proposal and
were not aware of any formal consultation occuring between the EPA and
tribes located within the West Mojave Desert.
---------------------------------------------------------------------------

    \31\ EPA Region IX, ``EPA Tribal Consultation Best Practices for
Air and Radiation Division Regulatory Actions (Draft),'' September
2020 (``Draft Consultation Best Practices'').
    \32\ CRIT also cites California state authorities governing
state tribal consultation procedures and indicates that it sent its
comments to CARB.
---------------------------------------------------------------------------

    Response to Comment #1: As indicated in the EPA Region IX tribal
consultation document cited by the commenter, for proposed Planning
Office actions on SIP submittals that do not affect the designation or
classification of a nonattainment area (e.g., attainment plans), our
general practice is to provide notification to tribes located within
the applicable nonattainment area, and to consult with tribes if
requested.\33\ We recognize that EPA actions may also be of interest to
tribes with jurisdictional lands located outside of the nonattainment
area. For this reason, going forward, we intend to provide notification
of these SIP actions to tribes that have expressed interest in EPA
rulemaking within the area, in addition to tribes with jurisdictional
lands located within the area. Consistent with this approach, we will
include CRIT on future notifications for planning actions related to
the West Mojave Desert nonattainment area.
---------------------------------------------------------------------------

    \33\ Draft Consultation Best Practices at 6. The EPA issued a
final version of this document on August 22, 2021. See EPA Region
IX, ``EPA Tribal Consultation Best Practices for Air and Radiation
Division Regulatory Actions,'' August 22, 2021.
---------------------------------------------------------------------------

    On June 17, 2021, the EPA sent a letter inviting CRIT to discuss
this proposed action and any concerns the Tribes might have, and to
offer CRIT the chance to provide additional input on the action by July
2, 2021, consistent with our practices for tribal consultation and
involvement.\34\ CRIT did not request additional discussions with the
EPA or provide any additional input on this proposed action.
---------------------------------------------------------------------------

    \34\ Letter dated June 17, 2021, from Elizabeth J. Adams,
Director, Air and Radiation Division, EPA Region IX, to Amelia
Flores, Chairperson, Colorado River Indian Tribes.
---------------------------------------------------------------------------

    Comment #2: CRIT commented that the EPA's analysis does not address
whether CARB's control measures for off-road mobile sources will reduce
overall use of those sources. CRIT explained that the Tribes have been
involved in other regional planning efforts regarding off-road vehicles
in the West Mojave Desert, and are concerned about the impact of off-
road vehicle use on cultural resources and the potential for removal of
artifacts.
    Response to Comment #2: Off-road mobile sources include trains,
aircraft, off-road equipment (e.g., construction and mining vehicles)
and off-road recreational vehicles (e.g., off-road motorcycles and all-
terrain vehicles). Within the off-road mobile source category, off-road
recreational vehicles constitute a relatively small portion of the
overall inventory.\35\ To the extent

that on-road vehicles travel off-road, these emissions would be
captured within the on-road category. Federal and CARB regulations do
not generally rely on operational limits to achieve emission
reductions. For example, one State measure approved into the California
SIP rule restricts off-road vehicles that do not meet current emission
standards (e.g., older off-road vehicles) from operating in ozone
nonattainment areas during periods when the area may not attain the
ozone standards (e.g., summer months) but does not limit the operation
of compliant off-road vehicles.\36\ Another State rule approved into
the SIP limits evaporative emission of fuel for off-road vehicles.\37\
As related to attainment of the 2008 ozone NAAQS, California measures
related to off-road vehicles generally ensure that emissions of ozone
precursors from this source category are controlled within the
nonattainment area, but do not restrict or reduce overall usage of off-
road engines meeting current emissions standards. We recognize the
concerns expressed by CRIT related to the impacts of off-road vehicle
usage on cultural resources and artifacts. The Bureau of Land
Management and the National Park Service, within the U.S. Department of
the Interior, oversee off-road vehicle use in the eastern portion of
the West Mojave Desert and may have additional information regarding
use of off-road vehicles in the West Mojave Desert and potential
impacts to cultural resources.
---------------------------------------------------------------------------

    \35\ Emissions from off-road recreational vehicles are estimated
at 0.034 tons per day (tpd) of NOX in the 2012 baseline
year (0.1 percent of total off-road emissions), and 0.05 tpd in the
2026 attainment year (0.3 percent of total off-road emissions). In
contrast, emissions from trains are estimated at more than 28 tpd of
NOX in 2012 (87 percent of total off-road emissions) and
12.5 tpd in 2026 (80 percent of total off-road emissions). Values
for 2012 are from the CARB Staff Report, Appendix A-2, and values
from 2018 SIP Update.
    \36\ California Health and Safety Code Title 13, Division 3,
Chapter 9, Article 3, Section 2413, was approved as a Clean Air Act
waiver measure, 79 FR 6584 (February 4, 2014), and as a revision to
the California SIP, 81 FR 39424 (June 16, 2016).
    \37\ California Health and Safety Code Title 13, Division 3,
Chapter 9, Article 3, Section 2412, was approved as a Clean Air Act
waiver measure, 79 FR 6584 (February 4, 2014), and as a revision to
the California SIP, 81 FR 39424 (June 16, 2016).
---------------------------------------------------------------------------

    Comment #3: Both commenters suggested that the 2016 WMD Attainment
Plan should be revised to demonstrate attainment of the 2015 ozone
NAAQS (0.070 ppm), rather than the 2008 ozone NAAQS (0.075 ppm),
arguing that it would be more efficient to address the more recent
standards as part of this SIP revision. The individual commenter stated
that the EPA's failure to require this revision could be challenged as
arbitrary and capricious under the Administrative Procedure Act.
    Response to Comment #3: The EPA agrees with the commenters
regarding the importance of the West Mojave Desert timely addressing
and attaining the 2015 ozone NAAQS. Nonetheless, the 2008 ozone NAAQS
remain in effect for all areas, and the Western Mojave Desert remains
subject to planning obligations for these standards, in addition to its
new and overlapping obligations for the more stringent 2015 ozone
NAAQS. Therefore, we disagree that the State must revise the 2016 WMD
Attainment Plan to address the 2015 ozone NAAQS.
    As described in the proposed rule, under CAA section 109, the EPA
promulgates primary and secondary NAAQS for pervasive air pollutants
such as ozone, and periodically reviews these NAAQS to determine
whether to revise them or to establish new standards.\38\ Under CAA
section 110, states with nonattainment areas must submit SIP revisions
to attain these NAAQS, and to meet other requirements based on
nonattainment classification. When EPA revises a NAAQS to lower the
level of the standard, the previous NAAQS remain in effect until
revoked; after a NAAQS is revoked, areas designated nonattainment for
that NAAQS remain subject to continuing applicable requirements as
``anti-backsliding'' obligations.\39\
---------------------------------------------------------------------------

    \38\ See 88 FR at 24810.
    \39\ See, e.g., 40 CFR 51.1105 (anti-backsliding obligations for
1-hour and 1997 ozone NAAQS).
---------------------------------------------------------------------------

    The proposed rule describes the requirements for the 2008 ozone
NAAQS, and how the 2016 WMD Attainment Plan satisfies the obligations
of the West Mojave Desert as a Severe-15 nonattainment area for this
standard, including the obligation to demonstrate attainment of the
2008 NAAQS by no later than July 20, 2027. The EPA's subsequent
promulgation of the 2015 ozone NAAQS does not relieve the area from
these obligations for the 2008 ozone NAAQS. Similarly, the EPA's
approval of the 2016 WMD Attainment Plan does not relieve the area of
its obligations for the 2015 ozone NAAQS. For the 2015 ozone NAAQS,
California is required to submit a plan to address most elements for
the West Mojave Desert by August 3, 2022, and to demonstrate attainment
by no later than August 3, 2033.\40\ Our approval of the 2016 WMD
Attainment Plan will ensure that the attainment plan is federally
enforceable as a mechanism for attaining the 2008 ozone NAAQS.
Additionally, we anticipate that implementation of the West Mojave
Desert control strategy for the 2008 ozone NAAQS as described in the
2016 WMD Attainment Plan will aid in the area's attainment of the 2015
ozone NAAQS by ensuring that the area realizes consistent emissions
reductions while the State undertakes planning efforts for the more
stringent standards. The EPA will work with CARB and the Districts to
ensure that requirements applicable to the 2015 NAAQS are addressed in
a later submittal for the West Mojave Desert.
---------------------------------------------------------------------------

    \40\ See 40 CFR 51.1303(a) and 51.1308(b). The EPA designated
the West Mojave Desert as nonattainment for the 2015 ozone NAAQS
effective August 3, 2018. 83 FR 25776 (June 4, 2018).
---------------------------------------------------------------------------

III. Final Action

    No comments were submitted that change our assessment of CARB's
submittals as described in our proposed action. Therefore, for the
reasons discussed in detail in the proposed rule and summarized herein,
under CAA section 110(k)(3), the EPA is taking final action to approve
as a revision to the California SIP the following portions of the 2016
WMD Attainment Plan for the 2008 ozone NAAQS, submitted by CARB on June
2, 2017, and the 2018 SIP Update, submitted on December 11, 2018:
     Base year emissions inventory element in the 2016 WMD
Attainment Plan as meeting the requirements of CAA sections 172(c)(3)
and 182(a)(1) and 40 CFR 51.1115;
     Emissions statement element in the 2016 WMD Attainment
Plan as meeting the requirements of CAA section 182(a)(3)(B) and 40 CFR
51.1102;
     RACM demonstration element in the 2016 WMD Attainment
Plan, as meeting the requirements of CAA section 172(c)(1) and 40 CFR
51.1112(c);
     Attainment demonstration element in the 2016 WMD
Attainment Plan as meeting the requirements of CAA section 182(c)(2)(A)
and 40 CFR 51.1108;
     RFP demonstration element in the 2018 SIP Update as
meeting the requirements of CAA sections 172(c)(2), 182(b)(1), and
182(c)(2)(B), and 40 CFR 51.1110(a)(2)(ii);
     VMT emissions offset demonstration element in the 2016 WMD
Attainment Plan as meeting the requirements of CAA section 182(d)(1)(A)
and 40 CFR 51.1102; and
     Motor vehicle emissions budgets in the 2018 SIP Update for
the 2020 and 2023 RFP milestone year and the 2026 attainment year
because they are consistent with the RFP and attainment demonstrations
approved herein and meet the other criteria in 40 CFR 93.118(e).

 Table 1--Transportation Conformity Budgets for 2020 for the 2008 Ozone
                     NAAQS in the West Mojave Desert
                     [Average summer weekday, tpd] a
------------------------------------------------------------------------
                  Budget year                       VOC          NOX
------------------------------------------------------------------------
2020..........................................          3.7          8.4
2023..........................................          3.3          4.6
2026..........................................          3.0          4.2
------------------------------------------------------------------------
\a\ Source: Table VI-3 from the 2018 SIP Update.

    We are also taking final action to find that the:
     2020 budgets from the 2018 SIP Update (Table 1) are
adequate for transportation conformity purposes; \41\
---------------------------------------------------------------------------

    \41\ Pursuant to 40 CFR 93.118(f)(2)(iii), the EPA's adequacy
determination is effective upon publication of this final rule in
the Federal Register.
---------------------------------------------------------------------------

     Clean fuels fleet program element in the 2016 WMD
Attainment Plan meets the requirements of CAA sections 182(c)(4)(A) and
246 and 40 CFR 51.1102 for the 2008 ozone NAAQS; and
     Enhanced monitoring element in the 2016 WMD Attainment
Plan meets the requirements of CAA section 182(c)(1) and 40 CFR 51.1102
for the 2008 ozone NAAQS.
    With respect to the budgets, we are taking final action to limit
the duration of our approval to last only until the effective date of
the EPA's adequacy finding for any subsequently submitted budgets. We
are doing so at CARB's request and in light of the benefits of using
EMFAC2017-derived budgets \42\ prior to our taking final action on the
future SIP revision that includes the updated budgets.
---------------------------------------------------------------------------

    \42\ On August 15, 2019, the EPA approved and announced the
availability of EMFAC2017, the latest update to the EMFAC model for
use by state and local governments to meet CAA requirements. See 84
FR 41717 (August 15, 2019).
---------------------------------------------------------------------------

    As described above, the proposed rule also proposed to
conditionally approve, under CAA section 110(k)(4), the contingency
measure element of the 2016 WMD Attainment Plan as meeting the
requirements of CAA sections 172(c)(9) and 182(c)(9) for RFP and
attainment contingency measures. Following publication of the proposed
rule, the Ninth Circuit Court of Appeals issued a decision in
Association of Irritated Residents v. U.S. Environmental Protection
Agency, which remanded the EPA's conditional approval of contingency
measures for another California nonattainment area.\43\ Based on this
decision, we are deferring final action on the contingency measure
element.
---------------------------------------------------------------------------

    \43\ Association of Irritated Residents v. U.S. Environmental
Protection Agency, No. 19-71223 (9th Cir. Aug. 26, 2021).
---------------------------------------------------------------------------

    Finally, we are amending the regulatory text at 40 CFR
52.220(c)(514) to identify the submittal date for the 2018 SIP Update
as December 11, 2018, the date that the submittal was electronically
received through the State Planning Electronic Collaboration System.
The current regulatory text identifies the submittal date as December
5, 2018, which is the date of the CARB cover letter accompanying the
submittal.

IV. Statutory and Executive Order Reviews

    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 November 26, 2021. 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 18, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations 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 F--California

0
2. Section 52.220 is amended by revising paragraph (c)(514)
introductory text and adding paragraphs (c)(514)(ii)(A)(9) and (c)(563)
to read as follows:

Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (514) The following plan was submitted on December 11, 2018, by the
Governor's designee as an attachment to a letter dated December 5,
2018.
* * * * *
    (ii) * * *
    (A) * * *
    (9) 2018 Updates to the California State Implementation Plan,
adopted on October 25, 2018, chapter VI (``SIP Elements for the Western
Mojave Desert''), and pages A-19 through A-22 of Appendix A
(``Nonattainment Area Inventories'').
* * * * *
    (563) The following plan was submitted on June 2, 2017 by the
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) California Air Resources Board
    (1) CARB Review of the Mojave Desert AQMD and Antelope Valley AQMD
Federal 75 ppb Ozone Attainment Plans for the Western Mojave Desert
Nonattainment Area, released April 21, 2017.
    (2) [Reserved]
    (B) Antelope Valley Air Quality Management District.
    (1) AVAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on March 21, 2017, except the
following portions: Chapter 2--Emission Inventories; ``Reasonable
Further Progress Requirements,'' including Table 3 (pages 18-20);
``Conformity Budgets'' (page 21); ``Transportation Conformity,''
including Table 4 (pages 21-23); Appendix A--Base Year Emission
Inventory; and Appendix B--Future Year Emission Inventories.
    (2) [Reserved]
    (C) Mojave Desert Air Quality Management District
    (1) MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on February 27, 2017, except the
following portions: Chapter 2--Emission Inventories; ``Reasonable
Further Progress Requirements,'' including Table 3 (pages 20-22);
``Conformity Budgets'' (page 23); ``Transportation Conformity,''
including Table 4 (pages 23-25); Appendix A--Base Year Emission
Inventory; and Appendix B--Future Year Emission Inventories.
    (2) [Reserved]
* * * * *

0
3. Section 52.244 is amended by adding paragraph (a)(13) to read as
follows:

Sec.  52.244   Motor vehicle emissions budgets.

    (a) * * *
    (13) West Mojave Desert, approved October 27, 2021.
* * * * *
[FR Doc. 2021-20618 Filed 9-24-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Notices]
[Page 53312-53314]
[DOCID:fr15se08-127]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58473; File No. SR-NYSEArca-2008-97]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Rule Change by NYSE Arca, Inc. Amending Its Schedule
of Fees and Charges for Exchange Services in Order To Establish a New
Fee for Electronically Executed Complex Orders

September 8, 2008.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 5, 2008, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services (``Schedule'') in order to establish certain
Transaction Fees.

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 parts of such statements.

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

1. Purpose
    The purpose of this filing is to amend the existing Schedule in
order to create a new fee structure covering electronically executed
Complex Orders.\4\
---------------------------------------------------------------------------

    \4\ NYSE Arca Rule 6.62(e) defines a ``Complex Order'' as any
order involving the simultaneous purchase and/or sale of two or more
different option series in the same underlying security, for the
same account, in a ratio that is equal to or greater than one-to-
three (.333) and less than or equal to three-to-one (3.00) and for
the purpose of executing a particular investment strategy.
---------------------------------------------------------------------------

    Pursuant to a recent rule filing \5\ the Exchange will be
introducing automated complex order trading for all market participants
on NYSE Arca. In conjunction with this new functionality, the Exchange
proposes to introduce two new transaction fees specific to Complex
Order executions. Pursuant to this proposal, electronically entered and
executed Complex Orders when executed against similar contra-side
Complex Orders will be subject to a reduced transaction fee.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 58174 (July 16,
2008), 73 FR 42640 (July 22, 2008) (order approving SR-NYSEArca-
2008-54, establishing rules pertaining to automated electronic
trading of Complex Orders).
---------------------------------------------------------------------------

    Complex Orders that are executed against other similar Complex
Orders will be subject to a transaction fee of $0.10 per contract. For
example, if a Complex Order, comprised of two legs, executes against a
similar two-legged Complex Order, each market participant will be
charged $0.20 ($0.10 per contract). To expand on this example, if the
same strategy is executed a total of ten (10) times, each participant
would be charged $2.00. If a Complex Order comprised of three legs
executes against a similar three-legged Complex Order, then each
participant would be charged $0.30 for the transaction. To expand on
this example, if the same three-legged Complex Order is executed a
total of ten (10) times, each participant would be changed $3.00. All
electronically executed Complex Orders, regardless of whether they are
entered by Market Makers, Brokers Dealers, or OTP Firms representing
Public Customers, will be billed this same rate when their order is
executed against another Complex Order.

    The Exchange proposes a separate fee for electronically executed
Complex Orders when the same member firm represents both sides of the
transaction. Complex Orders, entered by a firm that trade against a
similar Complex Order represented by the same firm, will be subject to
a transaction fee of $0.05 per contract. For example, if a Complex
Order comprised of two legs is entered by Firm A and executes against a
similar two-legged Complex Order also for Firm A, the firm will be
charged a total of $0.20 (four contracts at $.05 per contract) for each
time the complex order strategy is executed. To expand on this example,
if the same two-legged Complex Order is executed a total of ten (10)
times, the transaction would be subject to a $1.00 fee per Complex
Order, and since the same firm is a party to both sides of the
transaction, they would be charged a total of $2.00. If a Complex Order
entered by Firm A, which is comprised of three legs, executes against a
similar three-legged Complex Order entered by Firm A, then the firm
would be charged a total of $0.30 for each time the three-legged
Complex Order is executed. To expand on this example, if the same
three-legged Complex Order is executed a total of ten (10) times, the
transaction would be subject to a $1.50 fee per Complex Order, and
since the firm represents both sides of the transaction, they would be
charged a total of $3.00.
    There may be occasions where a Complex Order will not execute
against a similar contra-side Complex Order, but instead will execute
against the individual leg markets represented by quotes and/or orders
in the Consolidated Book. This scenario will occur when the best price
for the Complex Order strategy is actually represented by a combination
of individual quotes and/or orders, resting in the Consolidated Book.
In situations where Complex Orders are executed utilizing two or more
individual quotes or orders from the Consolidated Book, standard
transaction fees, as shown on the Schedule, will apply to all
participants on the trade. For Complex Order transactions in Penny
Pilot issues, when the Complex Order is executed against individual
quotes and/or orders represented in the Consolidated Book, the Complex
Order will be deemed to be taking liquidity from the Consolidated Book
and therefore will be subject to the ``Take Liquidity'' rates, as shown
on the Schedule.
    NYSE Arca plans to implement these fees in conjunction with the
planned introduction of the initial phase of automated electronic
Complex Order trading on September 15, 2008.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\6\ in general, and Section
6(b)(4) of the Act,\7\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities. in
that it provides for the equitable allocation of reasonable dues, fees
and other charges among its members and other market participants on
NYSE Arca. [sic] The Exchange believes that the proposed rates are
reasonable. The proposed rate structure is part of the Exchange's
efforts to attract and enhance participation on the Exchange, with
respect to the implementation of electronic complex order trading. The
Exchange also believes that the proposed changes to the Fee Schedule
are equitable in that they apply uniformly to all market participants
on NYSE Arca.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE Arca.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 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-NYSEArca-2008-97 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-NYSEArca-2008-97. 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 the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-
NYSEArca-2008-97 and should be submitted on or before October 6, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21330 Filed 9-12-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67713-67716]
[FR Doc No: 2021-25904]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2183]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The currently effective community number is shown in the
table below and must be used for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA

Map Service Center at https://msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Chief executive officer of                                    Online location of letter of map                            Community
         State and county          Location and case No.             community               Community map repository                 revision                Date of modification       No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa.....................  City of Goodyear       The Honorable Georgia Lord,     Engineering and Development    https://msc.fema.gov/portal/        Feb. 4, 2022..........       040046
                                   (21-09-0561P).          Mayor, City of Goodyear, 190    Services, 14455 West Van       advanceSearch.
                                                           North Litchfield Road,          Buren Street, Suite D101,
                                                           Goodyear, AZ 85338.             Goodyear, AZ 85338.
    Maricopa.....................  City of Goodyear, (21- The Honorable Georgia Lord,     Engineering and Development    https://msc.fema.gov/portal/        Feb. 11, 2022.........       040046
                                    09-0613P).             Mayor, City of Goodyear, 190    Services, 14455 West Van       advanceSearch.
                                                           North Litchfield Road,          Buren Street, Suite D101,
                                                           Goodyear, AZ 85338.             Goodyear, AZ 85338.
    Yavapai......................  Unincorporated Areas   The Honorable Craig L. Brown,   Yavapai County Flood Control   https://msc.fema.gov/portal/        Feb. 25, 2022.........       040093
                                    of Yavapai County,     Chairman, Board of              District, 1120 Commerce        advanceSearch.
                                    (21-09-1317P).         Supervisors, Yavapai County,    Drive, Prescott, AZ 86305.
                                                           1015 Fair Street, 3rd Floor,
                                                           Prescott, AZ 86305.
California:
    Alameda......................  Unincorporated Areas   The Honorable Keith Carson,     Alameda County Public Works    https://msc.fema.gov/portal/        Feb. 9, 2022..........       060001
                                    of Alameda County,     President, Board of             Agency, 399 Elmhurst Street,   advanceSearch.
                                    (21-09-0655P).         Supervisors, Alameda County,    Hayward, CA 94544.
                                                           1221 Oak Street, Suite 536,
                                                           Oakland, CA 94612.
    Riverside....................  City of Desert Hot     The Honorable Scott Matas,      Planning Department, 65-95     https://msc.fema.gov/portal/        Feb. 18, 2022.........       060251
                                    Springs, (21-09-       Mayor, City of Desert Hot       Pierson Boulevard, Desert      advanceSearch.
                                    1431P).                Springs, 11-999 Palm Drive,     Hot Springs, CA 92240.
                                                           Desert Hot Springs, CA 92240.
    Riverside....................  Unincorporated Areas   The Honorable Karen Spiegel,    Riverside County Flood         https://msc.fema.gov/portal/        Feb. 18, 2022.........       060245
                                    of Riverside County,   Chair, Board of Supervisors,    Control and Water              advanceSearch.
                                    (21-09-1431P).         Riverside County, 4080 Lemon    Conservation District, 1995
                                                           Street, 5th Floor, Riverside,   Market Street, Riverside, CA
                                                           CA 92501.                       92501.
Florida: St. Johns...............  Unincorporated Areas   Mr. Jeremiah Ray Blocker,       St. Johns County Permit        https://msc.fema.gov/portal/        Mar. 1, 2022..........       125147
                                    of St. Johns County,   Chair, St. Johns County Board   Center, 4040 Lewis Speedway,   advanceSearch.
                                    (21-04-2134P).         of County Commissioners, 500    St. Augustine, FL 32084.
                                                           San Sabastian View, St.
                                                           Augustine, FL 32084.
Idaho:
    Bannock......................  City of Pocatello,     The Honorable Brian Blad,       City Hall, 911 North 7th       https://msc.fema.gov/portal/        Feb. 21, 2022.........       160012
                                    (21-10-0641P).         Mayor, City of Pocatello,       Avenue, Pocatello, ID 83201.   advanceSearch.
                                                           P.O. Box 4169, Pocatello, ID
                                                           83205.

    Bannock......................  City of Pocatello,     The Honorable Brian Blad,       City Hall, 911 North 7th       https://msc.fema.gov/portal/        Mar. 2, 2022..........       160012
                                    (21-10-0870P).         Mayor, City of Pocatello,       Avenue, Pocatello, ID 83201.   advanceSearch.
                                                           P.O. Box 4169, Pocatello, ID
                                                           83205.
    Camas........................  City of Fairfield,     The Honorable Terry Lee,        City Hall, 407 Soldier Road,   https://msc.fema.gov/portal/        Feb. 3, 2022..........       160035
                                    (21-10-0381P).         Mayor, City of Fairfield,       Fairfield, ID 83327.           advanceSearch.
                                                           P.O. Box 336, Fairfield, ID
                                                           83327.
Illinois:
    Cook and DuPage..............  City of Chicago, (21-  The Honorable Lori Lightfoot,   Department of Buildings,       https://msc.fema.gov/portal/        Feb. 4, 2022..........       170074
                                    05-1469P).             Mayor, City of Chicago, 121     Stormwater Management, 121     advanceSearch.
                                                           North LaSalle Street Room       North LaSalle Street, Room
                                                           406, Chicago, IL 60602.         906, Chicago, IL 60602.
    Cook.........................  Unincorporated Areas   The Honorable Toni              Cook County Building and       https://msc.fema.gov/portal/        Feb. 4, 2022..........       170054
                                    of Cook County, (21-   Preckwinkle, President, Cook    Zoning Department, 69 West     advanceSearch.
                                    05-1469P).             County Board, 118 North Clark   Washington, 28th Floor,
                                                           Street Room 537, Chicago, IL    Chicago, IL 60602.
                                                           60602.
    Cook.........................  Village of Franklin    The Honorable Barrett F.        Village Hall, 9500 Belmont     https://msc.fema.gov/portal/        Feb. 4, 2022..........       170094
                                    Park, (21-05-1469P).   Pedersen, Village President,    Avenue, Franklin Park, IL      advanceSearch.
                                                           Village of Franklin Park,       60131.
                                                           9500 Belmont Avenue, Franklin
                                                           Park, IL 60131.
    DuPage.......................  City of Naperville,    The Honorable Steve Chirico,    Municipal Center, 400 South    https://msc.fema.gov/portal/        Feb. 22, 2022.........       170213
                                    (19-05-1619P).         Mayor, City of Naperville,      Eagle Street, Naperville, IL   advanceSearch.
                                                           Municipal Center, 400 South     60540.
                                                           Eagle Street, Naperville, IL
                                                           60540.
    Will.........................  Village of             The Honorable Mary Alexander-   Village Hall, 375 West         https://msc.fema.gov/port, al/      Feb. 25, 2022.........       170812
                                    Bolingbrook (22-05-    Basta, Mayor, Village of        Briarcliff Road,               advanceSearch.
                                    0060P).                Bolingbrook, 375 West           Bolingbrook, IL 60440.
                                                           Briarcliff Road, Bolingbrook,
                                                           IL 60440.
    Winnebago....................  City of Rockford, (21- The Honorable Thomas P.         City Hall, 425 East State      https://msc.fema.gov/portal/        Jan. 27, 2022.........       170723
                                    05-1319P).             McNamara, Mayor, City of        Street, Rockford, IL 61104.    advanceSearch.
                                                           Rockford, 425 East State
                                                           Street, 8th Floor, Rockford,
                                                           IL 61104.
    Winnebago....................  Unincorporated Areas   The Honorable Joseph V.         Winnebago County               https://msc.fema.gov/portal/        Jan. 27, 2022.........       170720
                                    of Winnebago County,   Chiarelli, Chairman,            Administration Building, 404   advanceSearch.
                                    (21-05-1319P).         Winnebago County Board,         Elm Street, Rockford, IL
                                                           Administration Building, 404    61101.
                                                           Elm Street, Room 533,
                                                           Rockford, IL 61101.
Indiana:
    Hendricks....................  Town of Avon, (21-05-  Ms. Dawn Lowden, Town of Avon   Town Hall, 6570 East US        https://msc.fema.gov/portal/        Feb. 11, 2022.........       180520
                                    1602P).                Council President, 6570 East    Highway 36, Avon, IN 46123.    advanceSearch.
                                                           US Highway 36, Avon, IN
                                                           46123.
    Hendricks....................  Unincorporated Areas   Ms. Phyllis Palmer, Hendricks   Hendricks County Government    https://msc.fema.gov/portal/        Feb. 11, 2022.........       180415
                                    of Hendricks County,   County Commissioner, 355        Center, 355 South Washington   advanceSearch.
                                    (21-05-1602P).         South Washington Street,        Street, Danville, IN 46122.
                                                           Danville, IN 46122.
Michigan:
    Macomb.......................  Charter Township of    Mr. Robert J. Cannon, Township  Civic Center, 40700 Romeo      https://msc.fema.gov/portal/        Feb. 2, 2022..........       260121
                                    Clinton, (21-05-       Supervisor, Charter Township    Plank Road, Clinton, MI        advanceSearch.
                                    2624P).                of Clinton, 40700 Romeo Plank   48038.
                                                           Road, Clinton, MI 48038.
Michigan:
    Oakland......................  City of Troy, (21-05-  The Honorable Ethan Baker,      City Hall, 500 West Big        https://msc.fema.gov/portal/        Jan. 21, 2022.........       260180
                                    3248P).                Mayor, City of Troy, City       Beaver Road, Troy, MI 48084.   advanceSearch.
                                                           Hall, 500 West Big Beaver
                                                           Road, Troy, MI 48084.
Missouri: Boone..................  City of Columbia, (21- The Honorable Brian Treece,     City Hall, 701 East Broadway,  https://msc.fema.gov/portal/        Jan. 31, 2022.........       290036
                                    07-0218P).             Mayor, City of Columbia, P.O.   Columbia, MO 65205.            advanceSearch.
                                                           Box 6015, Columbia, MO 65205.

Texas: Rockwall..................  City of Rockwall, (21- The Honorable Kevin Fowler,     City Hall, 385 South Goliad    https://msc.fema.gov/portal/        Feb. 7, 2022..........       480547
                                    06-1013P).             Mayor, City of Rockwall City    Street, Rockwall, TX 75087.    advanceSearch.
                                                           Hall, 385 South Goliad
                                                           Street, Rockwall, TX 75087.
Washington: Snohomish.             Unincorporated Areas   Mr. Dave Somers, Snohomish      Planning and Development       https://msc.fema.gov/portal/        Mar. 3, 2022..........       535534
                                    of Snohomish County,   County Executive, 3000          Services, 3000 Rockefeller     advanceSearch.
                                    (21-10-1427X).         Rockefeller Avenue, M/S 407,    Avenue, Everett, WA 98201.
                                                           Everett, WA 98201.
Wisconsin:
    La Crosse....................  City of La Crosse,     The Honorable Mitch Reynolds,   City Hall, 400 La Crosse       https://msc.fema.gov/portal/        Mar. 2, 2022..........       555562
                                    (21-05-4567X).         Mayor, City of La Crosse,       Street, La Crosse, WI 54601.   advanceSearch.
                                                           City Hall, 400 La Crosse
                                                           Street, La Crosse, WI 54601.
    La Crosse....................  Unincorporated Areas   Ms. Monica Kruse, Chair, Board  La Crosse County               https://msc.fema.gov/portal/        Mar. 2, 2022..........       550217
                                    of La Crosse County,   of Supervisors, La Crosse       Administration Center, 400     advanceSearch.
                                    (21-05-4567X).         County, Administrative          4th Street North, Room 3260,
                                                           Center, 212 6th Street North,   La Crosse, WI 54601.
                                                           La Crosse, WI 54601.
    Outagamie....................  City of New London,    The Honorable Mark Herter,      City Hall, 215 North Shawano   https://msc.fema.gov/portal/        Mar. 4, 2022..........       550308
                                    (21-05-1313P).         Mayor, City of New London,      Street, New London, WI         advanceSearch.
                                                           215 North Shawano Street, New   54961.
                                                           London, WI 54961.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-25904 Filed 11-26-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Pages 21929-21930]
[FR Doc No: 2013-08593]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-46-000]

Hattiesburg Industrial Gas Sales, L.L.C.; Notice of Filing

    Take notice that on April 1, 2013, Hattiesburg Industrial Gas
Sales, L.L.C. (Hattiesburg) filed to cancel its Statement of Operating
Conditions including its Tariff ID number in compliance with a
Commission Order issued on February 21, 2013, in Docket No. CP12-464-
000 (142 FERC ] 61,119 (2013)), as more fully described in the filing.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC.

There is an ``eSubscription'' link on the Web site that enables
subscribers to receive email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Friday, April 12, 2013.

    Dated: April 3, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-08593 Filed 4-11-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Proposed Rules]
[Pages 81430-81432]
[FR Doc No: 2011-33248]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1408; Directorate Identifier 2008-SW-10-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France (Eurocopter)
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
Eurocopter Model SA330F, G, J and AS332C, L, L1, and L2 helicopters.
This

proposed AD is prompted by two reports of jamming of one of the fuel
shut-off control levers, which originated from solidified grease in the
tangential gearbox (gearbox). Corrosion was also found in a gearbox.
The proposed actions are intended to prevent jamming of a fuel shut-off
control lever preventing the shut off of engine fuel and preventing the
parallel-mounted electrical micro switches, normally activated by
shutting off both of the fuel shut-off control levers, from switching
off the electrical power system during an emergency shut down.

DATES: We must receive comments on this proposed AD by February 27,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the 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: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the 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 economic
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 service information identified in this proposed AD, contact
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas
75053-4005; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.eurocopter.com/techpub. You may review copies of the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

FOR FURTHER INFORMATION CONTACT: Eric Haight, Aviation Safety Engineer,
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued Emergency
AD No. 2007-0082-E, dated March 27, 2007, to correct an unsafe
condition for the Eurocopter Model SA330F, G, J and AS332C, C1, L, L1,
and L2 helicopters. EASA advises that the emergency AD was issued
following two reports of jamming of one of the fuel shut-off control
levers discovered during maintenance. In both cases, this jamming
originates from solidified grease in the gearboxes. They also found
corrosion in a gearbox. Jamming of a fuel shut-off control lever
constitutes an unsafe condition because it prevents the shut off of
engine fuel and prevents the parallel-mounted electrical micro
switches, normally activated by shutting off both of the fuel shut-off
control levers, from switching off the electrical power system during
an emergency shut down.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant
information and determined that the unsafe condition exists and is
likely to exist or develop on other helicopters of these same type
designs.

Related Service Information

    Eurocopter has issued an Alert Service Bulletin (ASB), Revision 1,
dated March 22, 2007, with 3 different numbers (Nos. 76.00.04,
76.00.03, and 76.03). No. 76.03 applies to the United States type-
certificated Model SA330F, G, and J and also applies to the non-type-
certificated, military Model 330 helicopters. No. 76.00.04 applies to
the United States type certificated Model AS332C, C1, L, L1, and L2
helicopters and also applies to the non type-certificated AS332C1 and
military Model 332 helicopters. No. 76.00.03 applies to the non type-
certificated military Model 532 helicopters. EASA classified this
service information as mandatory and issued Emergency AD No. 2007-0082-
E, dated March 27, 2007, to correct the same unsafe condition as
identified in the service information.

Proposed AD Requirements

    The proposed AD would require within 50 hours time-in-service
(TIS), unless already done, cleaning, inspecting and lubricating each
gearbox, and adjusting, as necessary, the fuel shut-off control travel
by following the Accomplishment Instructions, paragraph 2.B.2.
(reference Figures 3 through 7), of Eurocopter ASB No. 76.03, Revision
1, dated March 22, 2007, for the Model SA330F, G, and J, or ASB No.
76.00.04, Revision 1, dated March 22, 2007, for the Model AS332C, L,
L1, and L2 helicopters.

Differences Between This Proposed AD and the EASA AD

     We use the word ``inspect'' to describe the actions
required by a mechanic versus the word ``check.''
     We refer to the compliance time as ``hours TIS'' rather
than ``flying hours.''
     We use a different compliance time for inspecting and
lubricating the gearboxes.
     We are not including the military model helicopters or the
Model AS332C1 in the applicability because they are not type
certificated in the U.S.
     We are not requiring measuring the operating loads of the
fuel shut-off controls per paragraph 1.1 of the MCAI AD (paragraph
2.B.1 of the ASB).

Costs of Compliance

    We estimate that this proposed AD would affect about 29 helicopters
of U.S. registry. We also estimate that operators may incur the
following costs to comply with this AD: $7,395 for the fleet assuming 3
work-hours to lubricate each gearbox at an average labor rate of $85
per work-hour.

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, 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);
    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.
    We prepared an economic 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:

Eurocopter France: Docket No. FAA-2011-1408; Directorate Identifier
2008-SW-10-AD.

(a) Applicability

    This AD applies to Model SA330F, G, J and AS332C, L, L1, and L2
helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as jamming of one of the
fuel shut-off control levers due to solidified grease in a
tangential gearbox (gearbox). This condition could prevent the shut
off of engine fuel and prevent the parallel-mounted electrical micro
switches, normally activated by shutting off both of the fuel shut-
off control levers, from switching off the electrical power system
during an emergency shut down.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Actions

    Within 50 hours time-in-service, clean, inspect, and lubricate
each gearbox and adjust, as necessary, the fuel shut-off control
travel by following the Accomplishment Instructions, paragraph
2.B.2. (reference Figures 3 through 7), of Eurocopter Alert Service
Bulletin (ASB) No. 76.03, Revision 1, dated March 22, 2007, for the
Model SA330F, G, and J, or ASB No. 76.00.04, Revision 1, dated March
22, 2007, for the Model AS332C, L, L1, and L2 helicopters.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, Rotorcraft
Directorate, FAA, may approve AMOCs for this AD. Send your proposal
to: Eric Haight, Aviation Safety Engineer, Regulations and Policy
Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a Part 119 operating
certificate or under Part 91, Subpart K, we suggest that you notify
your principal inspector or, lacking a principal inspector, the
manager of the local flight standards district office or certificate
holding district office before operating any aircraft complying with
this AD through an AMOC.

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2007-0082-E, dated March 27, 2007.

(g) Subject

    Air Transport Association of America (ATA) Code 7600, Engine
Control.

    Issued in Fort Worth, Texas, on December 16, 2011.
Jorge Castillo,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-33248 Filed 12-27-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Notices]
[Page 17549]
[DOCID:fr15ap09-127]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-11]

Petitions for Exemption; Summary of Petitions Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petitions for exemption received; Extension of
comment period.

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

SUMMARY: In accordance with 14 CFR 11.47(c), the FAA has received a
petition from NetJets Aviation, Inc. That petition requested an
extension of the comment period for a petition from CitationShares
Management LLC. The FAA will extend the comment period for 40 days
after date of publication.

DATES: Comments on petitions received must identify the petition docket
number involved and must be received on or before May 26, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0083 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Docket: To read background documents or comments received,
go to http://www.regulations.gov at any time or to the Docket
Management Facility in Room W12-140 of the West Building Ground Floor
at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: We will post all comments we receive,
without change, to http://www.regulations.gov, including any personal
information you provide. Using the search function of our docket Web
site, anyone can find and read the comments received into any of our
dockets, including the name of the individual sending the comment (or
signing the comment for an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

Background

    The comment period for the Summary of Petition Received published
on March 25, 2009 (74 FR 12924) and closes on April 14, 2009. However,
NetJets Aviation, Inc. petitioned the FAA to extend the comment period.
This notice extends the comment period.

FOR FURTHER INFORMATION CONTACT: Tyneka Thomas<PHONE_NUMBER> or
Laverne Brunache<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 10, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
 [FR Doc. E9-8607 Filed 4-14-09; 8:45 am]

BILLING CODE 4910-13-P