[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33276-33277]
[FR Doc No: 2011-14188]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0476; FRL-8875-2]

Sulfoxaflor; Receipt of Application for Emergency Exemption,
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received specific exemption requests from the Arkansas
State Plant Board (ASPB), the Louisiana Department of Agriculture and
Forestry (LDAF), the Mississippi Department of Agriculture (MDA), and
the Tennessee Department of Agriculture (TDA) to use the pesticide
sulfoxaflor (CAS Reg. No. 946578-00-3) on cotton to control the
tarnished plant bug (TPB), (Lygus lineolaris) (Palisot de Beauvois), on
up to 387,000 acres in Arkansas, 230,000 acres in Louisiana, 467,500
acres in Mississippi, and 325,000 acres in Tennessee. The applicant
proposes the use of a new chemical which has not been registered by the
EPA. EPA is soliciting public comment before making the decision
whether or not to grant the exemption.

DATES: Comments must be received on or before June 23, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0476, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2011-0476. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or

pesticide manufacturer. Potentially affected entities may include, but
are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticide
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. The ASPB, the LDAF, the
MDA, and the TDA have requested the Administrator to issue specific
exemptions for the use of sulfoxaflor on cotton to control the TPB,
(Lygus lineolaris) (Palisot de Beauvois). Information in accordance
with 40 CFR part 166 was submitted as part of these requests.
    As part of these requests, the Applicants assert that non-chemical
tactics only suppress populations of TPB and there are not effective
stand-alone practices. Numerous insecticides are registered for use on
cotton to control TPB. The Applicants state that varying levels of
resistance have been documented to nearly every class of those
compounds. The Applicants propose to apply no more than a total of 8.5
oz of the unregistered product, Transform WG, (0.266 lb AI of
sulfoxaflor) per acre per year. Up to 387,000 acres in Arkansas,
230,000 acres in Louisiana, 467,500 acres in Mississippi, and 325,000
acres in Tennessee may be treated. The Applicants state that direct
yield losses from this pest will range from 1-7.5%.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption use of a new chemical (i.e., an active ingredient)
which has not been registered by EPA.
    The Agency, will review and consider all comments received during
the comment period in determining whether to issue the specific
exemptions requested by the ASPB, the LDAF, the MDA, and the TDA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 26, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-14188 Filed 6-7-11; 8:45 am]
BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 15, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 1999-7708

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROVIAS de MEXICO, S.A. de C.V.
                         Date Filed:  March 30, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct scheduled, combination services between:  1) Leon,
Mexico, and Atlanta, Georgia; and 2) San Jose del Cabo, Mexico, and
Atlanta, Georgia.  (The San Jose del Cabo-Atlanta service is only by
code-share with Delta Air Lines.)

If renewal, date and citation of last action:  April 2, 2003, in this
Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER>      DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                           Action date:  April 15, 2004

Effective dates of authority granted:  April 15, 2004, through April 15,
2005.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:  Aeromexico may only conduct operations in
the San Jose del Cabo-Atlanta market by code-share with Delta Air Lines.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register: August 14, 2007 (Volume 72, Number 156)]
[Rules and Regulations]
[Page 45378-45381]
[DOCID:fr14au07-18]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2006-1013; FRL-8447-2]

Approval and Promulgation of Air Quality Implementation Plan;
Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: In this action EPA is approving numerous revisions to the
State of Alaska State Implementation Plan (SIP). The Commissioner of
the Alaska Department of Environmental Conservation (ADEC) submitted
two requests to EPA dated May 6, 2005 and June 30, 2006 to revise the
Alaska SIP to include certain sections of ADEC's revised air quality
regulations. The revisions were submitted in accordance with the
requirements of section 110 of the Clean Air Act (hereinafter the Act
or CAA). Although EPA is approving most of the submitted revisions, EPA
is not approving in this rulemaking a number of submitted rule
provisions which are inappropriate for EPA approval.

DATES: This final rule is effective on September 13, 2007.

ADDRESSES: EPA has established a docket for this action under Docket
R10-OAR-2006-1013. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index, some

information may not be publicly available, e.g. confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at EPA

Region 10, Office of Air Waste and Toxics (AWT-107), 1200 Sixth Avenue,
Seattle, WA. EPA requests that if possible you contact the contact
listed in the FOR FURTHER INFORMATION CONTACT section, to schedule an
appointment. Region 10 official business hours are 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: David Bray, Office of Air, Waste and
Toxics (AWT-107), EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA. Information is organized
as follows:

Table of Contents

I. Background of Submittal
II. Response to Comments
III. Final Action
    A. Provisions Approved by EPA and Incorporated by Reference
    B. Provisions Approved by EPA into the SIP, But Not Incorporated
by Reference
    C. Provisions Not Approved by EPA
    D. Provisions Removed from the SIP
IV. Geographic Scope of SIP Approval
V. Statutory and Executive Order Reviews

I. Background of Submittal

    On Monday February 5, 2007, EPA solicited public comment on a
proposal to approve for inclusion in the Alaska SIP numerous revisions
to the State of Alaska Implementation Plan. EPA also proposed not to
approve into the SIP a number of submitted rule provisions which are
inappropriate for EPA approval. A detailed description of our action
was published in the Federal Register on February 5, 2007. The reader
is referred to the proposed rulemaking (72 FR 5232, February 5, 2007)
for details.

II. Response to Comments

    EPA provided a 30-day review and comment period and solicited
comments on our proposal published in the February 5, 2007, Federal
Register. No adverse comments were received on the proposed rulemaking.
EPA did receive one letter during the public comment period from the
Alaska Oil and Gas Association (AOGA). The letter noted that EPA had
proposed not to approve the version of Alaska's excess emission rule,
18 AAC 50.240, as amended by ADEC in 2004. The letter further stated
that AOGA had no comment on EPA's proposal not to approve the 2004
version of 18 AAC 50.240 based on the understanding that EPA's action
did not affect the SIP-approved status of the version of 18 AAC 50.240
adopted by ADEC in 1997 and approved into the SIP by EPA in 1999. EPA
confirms that our decision not to approve the 2004 amendments to 18 AAC
50.240 does not affect the approval status of the 1997 version of that
regulation.

 III. Final Action

A. Provisions Approved by EPA and Incorporated by Reference

    EPA is taking final action to approve as part of the Alaska SIP the
following new and revised sections of Alaska's regulations submitted
May 6, 2005 and June 30, 2006:
    18 AAC 50.080 Ice Fog Standards, State effective January 18, 1997;
    18 AAC 50.025 Visibility and Other Special Protection Areas; and 18
AAC 50.070 Marine Vessel Visible Emission Standards, State effective
June 21, 1998;
    18 AAC 50.050 Incinerator Emission Standards, State effective May
3, 2002;
    18 AAC 50.005 Purpose of Chapter; 18 AAC 50.010 Ambient Air Quality
Standards [except (7) and (8)]; 18 AAC 50.015 Air Quality Designations,
Classifications, and Control Regions; 18 AAC 50.020 Baseline Dates and
Maximum Allowable Increases, 18 AAC 50.045 Prohibitions; 18 AAC 50.055
Industrial Processes and Fuel-Burning Equipment [except (d)(2)(B)]; 18
AAC 50.100 Nonroad Engines; 18 AAC 50.200 Information Requests; 18 AAC
50.201 Ambient Air Quality Investigation; 18 AAC 50.205 Certification;
18 AAC 50.215 Ambient Air Quality Analysis Methods [except (a)(3)]; 18
AAC 50.220 Enforceable Test Methods [except (c)(2)]; 18 AAC 50.245 Air
Episodes and Advisories; 18 AAC 50.250 Procedures and Criteria for
Revising Air Quality Classifications; 18 AAC 50.301 Permit Continuity;
18 AAC 50.302 Construction Permits; 18 AAC 50.306 Prevention of
Significant Deterioration (PSD) Permits [except (b)(2) and (b)(3)]; 18
AAC 50.311 Nonattainment Area Major Stationary Source Permits; 18 AAC
50.345 Construction and Operating Permits: Standard Permit Conditions
[except (b), (c)(3), and (l)]; 18 AAC 50.508 Minor Permits Requested by
the Owner or Operator [except (1) and (2)]; 18 AAC 50.546 Minor
Permits: Revisions [except (b)]; 18 AAC 50.560 General Minor Permits;
and 18 AAC 50.900 Small Business, State effective October 1, 2004;
    18 AAC 50.542 Minor Permit: Review and Issuance [except (b)(2),
(f)(4), (f)(5), and (g)(1) but only with respect to clean units and
pollution control projects], State effective December 1, 2004;
    18 AAC 50.225 Owner-Requested Limits; 18 AAC 50.230 Preapproved
Emission Limits [except (d)]; and 18 AAC 50.544 Minor Permits: Content
[except (e)], State effective January 29, 2005;
    18 AAC 50.035 Documents, Procedures, and Methods Adopted By
Reference [except (b)(4)]; 18 AAC 50.040 Federal Standards Adopted by
Reference [except (a), (b), (c), (d), (e), (g), (h)(17), (h)(18),
(h)(19), (i)(7), (i)(8), (i)(9), and (j)]; 18 AAC 50.502 Minor Permits
for Air Quality Protection [except (g)(1) and (g)(2)]; 18 AAC 50.540
Minor Permit: Application [except (f)

and (g)]; and 18 AAC 50.990 Definitions [except (21), and (77)], State
effective December 3, 2005.

B. Provisions Approved by EPA Into the SIP, But Not Incorporated by
Reference

    EPA is also approving the following new and revised section as part
of the SIP, but is not incorporating it by reference into Federal law
because it does not regulate air emissions, but rather, describes
general authorities such as procedural and enforcement authorities: 18
AAC 50.030 State Air Quality Control Plan, State effective October 1,
2004.

C. Provisions Not Approved by EPA

    EPA is not approving in this rulemaking the following sections of
Alaska's regulations submitted May 6, 2005 and June 30, 2006 which are
inappropriate for EPA approval:
    18 AAC 50.010(7) and (8); 18 AAC 50.055(d)(2)(B); 18 AAC
50.215(a)(3); 18 AAC 50.220(c)(2); 18 AAC 50.240; 18 AAC 50.306(b)(2)
and (b)(3); 18 AAC 50.345(b), (c)(3) and (l); 18 AAC 50.346(a); 18 AAC
50.508(1) and (2); 18 AAC 50.509; and 18 AAC 50.546(b), State effective
October 1, 2004;
    18 AAC 50.316; and 18 AAC 50.542(b)(2), (f)(4), (f)(5), and, with
respect to the reference to clean units and pollution control projects
only, (g)(1), State effective December 1, 2004;
    18 AAC 50.544(e), State effective January 29, 2005;
    18 AAC 50.035(b)(4); 18 AAC 50.040(a), (b), (c), (d), (e), (g),
(h)(17), (h)(18), (h)(19), (i)(7), (i)(8), (i)(9) and (j); 18 AAC
50.502(g)(1) and (g)(2); 18 AAC 50.540(f) and (g); and 18 AAC
50.990(21) and (77), State effective December 3, 2005.

D. Provisions Removed From the SIP

    EPA is approving removal of the following provisions from the
Alaska SIP because they have been previously repealed by ADEC, have
been replaced by more recent versions of the ADEC's regulations, or
because they are not required elements of a SIP under title I of the
CAA: 18 AAC 50.030 State Air Quality Control Plan, State effective
September 21, 2001; 18 AAC 50.035(b)(4) Documents, Procedures and
Methods Adopted by Reference, State Effective January 18, 1997; 18 AAC
50.090 Ice Fog Limitations, State effective May 26, 1972; 18 AAC
50.220(c)(2) Enforceable Test Methods, State effective January 18,
1997; 18 AAC 50.300 Permit to Operate and 18 AAC 50.400 Application
Review & Issuance of Permit to Operate, State effective July 21, 1991
and April 23, 1994; 18 AAC 50.520 Emissions and Ambient Monitoring,
State effective July 21, 1991; 18 AAC 50.530 Circumvention, State
effective June 7, 1987; 18 AAC 50.310 Revocation or Suspension of
Permit, State effective May 4, 1980; 18 AAC 50.400 Permit
Administration Fees, 18 AAC 50.420 Billing Procedures, and 18 AAC
50.430 Appeal Procedures, State effective January 18, 1997; 18 AAC
50.600 Reclassification Procedures & Criteria, State effective November
1, 1982; 18 AAC 50.620 State Air Quality Control Plan, State effective
January 4, 1995; and 18 AAC 50.900 Definitions, State effective July
21, 1991 and January 4, 1995.

IV. Geographic Scope of SIP Approval

    The SIP approval does not extend to sources or activities located
in Indian Country, as defined in 18 U.S.C. 1151. EPA will continue to
implement the CAA in Indian Country in Alaska because ADEC has not
adequately demonstrate authority over sources and activities located
within the exterior boundaries of the Annette Island Reserve and other
areas of Indian Country in Alaska.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045 A,
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a major rule as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the

appropriate circuit by October 15, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may t be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 19, 2007.
Elin D. Miller,
Regional Administrator, Region 10.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart C--Alaska

0
2. Section 52.70 is amended by adding paragraph (c)(36) to read as
follows:

Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *
    (36) On May 6, 2005 and June 30, 2006, the Alaska Department of
Environmental Conservation (ADEC) submitted amendments to ADEC's air
quality regulations, as revision to the State of Alaska Implementation
Plan.
    (i) Incorporation by reference.
    (A) The following new and revised sections of ADEC's air quality
regulations:
    (1) 18 AAC 50.080 Ice Fog Standards; State effective January 18,
1997.
    (2) 18 AAC 50.025 Visibility and Other Special Protection Areas; 18
AAC 50.070 Marine Vessel Visible Emission Standards. All provisions in
this paragraph are State effective June 21, 1998.
    (3) 18 AAC 50.050 Incinerator Emission Standards; State effective
May 3, 2002.
    (4) 18 AAC 50.005 Purpose of Chapter; 18 AAC 50.010 Ambient Air
Quality Standards [except (7) and (8)]; 18 AAC 50.015 Air Quality
Designations, Classifications, and Control Regions; 18 AAC 50.020
Baseline Dates and Maximum Allowable Increases, 18 AAC 50.045
Prohibitions; 18 AAC 50.055 Industrial Processes and Fuel-Burning
Equipment [except (d)(2)(B)]; 18 AAC 50.100 Nonroad Engines; 18 AAC
50.200 Information Requests; 18 AAC 50.201 Ambient Air Quality
Investigation; 18 AAC 50.205 Certification; 18 AAC 50.215 Ambient Air
Quality Analysis Methods [except (a)(3)]; 18 AAC 50.220 Enforceable
Test Methods [except (c)(2)]; 18 AAC 50.245 Air Episodes and
Advisories; 18 AAC 50.250 Procedures and Criteria for Revising Air
Quality Classifications; 18 AAC 50.301 Permit Continuity; 18 AAC 50.302
Construction Permits; 18 AAC 50.306 Prevention of Significant
Deterioration (PSD) Permits [except (b)(2) and (b)(3)]; 18 AAC 50.311
Nonattainment Area Major Stationary Source Permits; 18 AAC 50.345
Construction and Operating Permits: Standard Permit Conditions [except
(b), (c)(3), and (l)]; 18 AAC 50.508 Minor Permits Requested by the
Owner or Operator [except (1) and (2)]; 18 AAC 50.546 Minor Permits:
Revisions [except (b)]; 18 AAC 50.560 General Minor Permits; 18 AAC
50.900 Small Business. All provisions in this paragraph are State
effective October 1, 2004.
    (5) 18 AAC 50.542 Minor Permit: Review and Issuance [except (b)(2),
(f)(4), (f)(5), and (g)(1) but only with respect to clean units and
pollution control projects]; State effective December 1, 2004.
    (6) 18 AAC 50.225 Owner-Requested Limits; 18 AAC 50.230 Preapproved
Emission Limits [except (d)]; 18 AAC 50.544 Minor Permits: Content
[except (e)]. All provisions in this paragraph are State effective
January 29, 2005.
    (7) 18 AAC 50.035 Documents, Procedures, and Methods Adopted By
Reference [except (b)(4)]; 18 AAC 50.040 Federal Standards Adopted by
Reference [except (a), (b), (c), (d), (e), (g), (h)(17), (h)(18),
(h)(19), (i)(7), (i)(8), (i)(9), and (j)]; 18 AAC 50.502 Minor Permits
for Air Quality Protection [except (g)(1) and (g)(2)]; 18 AAC 50.540
Minor Permit: Application [except (f) and (g)];18 AAC 50.990
Definitions [except (21), and (77)]. All provisions in this paragraph
are State effective December 3, 2005.
    (B) Remove the following provisions from the current incorporation
by reference:
    (1) 18 AAC 50.030 State Air Quality Control Plan; State effective
September 21, 2001.
    (2) 18 AAC 50.035 (b)(4) Documents, Procedures and Methods Adopted
by Reference; State Effective January 18, 1997.
    (3) 18 AAC 50.090 Ice Fog Limitations; State effective May 26,
1972.
    (4) 18 AAC 50.220(c)(2) Enforceable Test Methods; State effective
January 18, 1997.
    (5) 18 AAC 50.300 Permit to Operate and 18 AAC 50.400 Application
Review & Issuance of Permit to Operate. The provisions in this
paragraph were State effective July 21, 1991 and April 23, 1994.
    (6) 18 AAC 50.520 Emissions and Ambient Monitoring; State effective
July 21, 1991.
    (7) 18 AAC 50.530 Circumvention; State effective June 7, 1987.
    (8) 18 AAC 50.310 Revocation or Suspension of Permit; State
effective May 4, 1980.
    (9) 18 AAC 50.400 Permit Administration Fees; 18 AAC 50.420 Billing
Procedures; and 18 AAC 50.430 Appeal Procedures. The provisions of this
paragraph were State effective January 18, 1997.
    (10) 18 AAC 50.600 Reclassification Procedures & Criteria; State
effective November 1, 1982.
    (11) 18 AAC 50.620 State Air Quality Control Plan; State effective
January 4, 1995.
    (12) 18 AAC 50.900 Definitions; State effective July 21, 1991 and
January 4, 1995.
    (ii) Additional Material.
    (A) The following section of ADEC's air quality regulations: 18 AAC
50.030 State Air Quality Control Plan, State effective October 1, 2004.

Sec.  52.75  [Reserved]

0
3. Section 52.75 is removed and reserved.

0
4. Section 52.96 is revised to read as follows:

Sec.  52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation
Air Quality Control Regulations as in effect on December 3, 2005
(specifically 18 AAC 50.010 except (7) and (8); 50.015; 50.020;
50.030(6) and (7); 50.035(a)(4) and (5); 50.040(h) except (17), (18),
and (19); 50.215 except (a)(3); 50.250; 50.306 except (b)(2) and
(b)(3); 50.345 except (b), (c)(3) and (l); and 50.990 except (21) and
(77)) are approved as meeting the requirements of part C for preventing
significant deterioration of air quality.
    (b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable provisions for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the

provisions of Sec.  52.21 except paragraph (a)(1) are hereby
incorporated and made part of the applicable plan for Indian
reservations in the State of Alaska.

[FR Doc. E7-15669 Filed 8-13-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37760-37762]
[FR Doc No: 2023-12287]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1205; Project Identifier AD-2023-00441-E;
Amendment 39-22452; AD 2023-11-06]
RIN 2120-AA64

Airworthiness Directives; Engine Alliance Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Engine Alliance (EA) Model GP7270, GP7272, and GP7277 engines.
This AD was prompted by a manufacturer investigation that revealed that
certain high-pressure turbine (HPT) interstage seals were manufactured
from material suspected to contain iron inclusion. This AD requires
replacement of the affected HPT interstage seals. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective June 26, 2023.
    The FAA must receive comments on this AD by July 24, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2023-1205; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Alexei Marqueen, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone:
(781) 238-7178; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA was notified by the manufacturer of the detection of iron
inclusion in a turbine disk manufactured from the same material used to
manufacture certain HPT interstage seals for EA Model GP7270, GP7272,
and GP7277 engines. Further investigation by the manufacturer
determined that the iron inclusion is attributed to deficiencies in the
manufacturing process. The investigation by the manufacturer also
determined that certain GP7270, GP7272, and GP7277 HPT interstage seals
made from billets manufactured using the same process may have reduced
material properties and a lower fatigue life capability due to iron
inclusion, which may cause premature fracture and subsequent
uncontained failure. This condition, if not addressed, could result in
uncontained debris release, damage to the engine, and damage to the
airplane. The FAA is issuing this AD to address the unsafe condition on
these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

AD Requirements

    This AD requires replacement of certain HPT interstage seals with a
part eligible for installation.

Interim Action

    The FAA considers this AD to be an interim action. This unsafe
condition is still under investigation by the manufacturer and,
depending on the results of that investigation, the FAA may consider
further rulemaking action.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.

    The FAA justifies waiving notice and comment prior to adoption of
this rule because no domestic operators use this product. It is
unlikely that the FAA will receive any adverse comments or useful
information about this AD from any U.S. operator. Accordingly, notice
and opportunity for prior public comment are unnecessary, pursuant to 5
U.S.C. 553(b)(3)(B). In addition, for the foregoing reason(s), the FAA
finds that good cause exists pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``FAA-2023-1205 and Project Identifier AD-2023-
00441-E'' at the beginning of your comments. The most helpful comments
reference a specific portion of the final rule, explain the reason for
any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Alexei
Marqueen, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des
Moines, WA 98198. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 0 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                  Action                            Labor cost                             Parts cost                         product        operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replace HPT interstage seal..............  8 work-hours x $85 per hour  $273,694 (pro-rated)............................        $274,374              $0
                                            = $680.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.

    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-11-06 Engine Alliance: Amendment 39-22452; Docket No. FAA-2023-
1205; Project Identifier AD-2023-00441-E.

(a) Effective Date

    This airworthiness directive (AD) is effective June 26, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Engine Alliance Model GP7270, GP7272, and
GP7277 engines with an installed high-pressure turbine (HPT)
interstage seal having part number (P/N) 2047M99P02 and serial
number (S/N) BTB71863 or BTB86871.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by a manufacturer investigation that
revealed that certain HPT interstage seals were manufactured from
material suspected to contain iron inclusion. The FAA is issuing
this AD to prevent fracture and subsequent uncontained failure

of certain HPT interstage seals. The unsafe condition, if not
addressed, could result in uncontained debris release, damage to the
engine, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    At the next piece-part exposure of the affected HPT interstage
seal or before the affected HPT interstage seal exceeds 4,200 cycles
since new, whichever occurs first after the effective date of this
AD, remove the affected HPT interstage seal from service and replace
with a part eligible for installation.

(h) Definition

    (1) For the purpose of this AD, a ``part eligible for
installation'' is any HPT interstage seal that does not have a P/N
and S/N identified in paragraph (c) of this AD.
    (2) For the purpose of this AD, ``piece-part exposure'' is when
the affected part is removed from the engine and completely
disassembled.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the branch, send it to the
attention of the person identified in paragraph (j) of this AD and
email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Alexei Marqueen,
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines,
WA 98198; phone:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    None.

    Issued on June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-12287 Filed 6-8-23; 8:45 am]
BILLING CODE 4910-13-P