[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2555-2557]
[FR Doc No: 2022-00784]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0699; FRL-9271-02-R5]

Air Plan Approval; Ohio; Partial Approval and Partial Disapproval
of the Muskingum River SO2 Nonattainment Area Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving a revision to the Ohio State
Implementation Plan (SIP) intended to provide for attainment of the
2010 primary, health-based 1-hour sulfur dioxide (SO2)
national ambient air quality standard (NAAQS or ``standard'') for the
Muskingum River SO2 nonattainment area. This SIP revision
(hereinafter referred to as the Muskingum River SO2 plan or
plan) includes Ohio's attainment demonstration and other attainment
planning elements required under the Clean Air Act (CAA). By this
action, EPA is approving the base year

emissions inventory and affirming that the nonattainment new source
review requirements for the area have been met. EPA is disapproving the
attainment plan, since the plan relies on, among other things,
acquisition of a parcel of land by a facility located within the
nonattainment area, Globe Metallurgical (Globe), that has not occurred.
Additionally, EPA is disapproving the plan for failing to meet the
requirements for meeting reasonable further progress (RFP) toward
attainment of the NAAQS, reasonably available control measures/
reasonably available control technology (RACM/RACT), emission
limitations and control measures as necessary to attain the NAAQS, and
contingency measures.

DATES: This final rule is effective on February 17, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2015-0699. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., 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 either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Gina
Harrison, Environmental Scientist, at<PHONE_NUMBER> before visiting
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Gina Harrison, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. What actions did EPA propose in this SIP submission?

    On November 30, 2021,\1\ EPA proposed to partially approve and
partially disapprove Ohio's SO2 plan for the Muskingum River
area submitted on April 3, 2015, and October 13, 2015, and supplemented
on June 23, 2020, and June 1, 2021. Prior to the November 30, 2021,
proposed rule, on September 29, 2020,\2\ EPA proposed to approve Ohio's
SO2 plan for the Muskingum River area. EPA also proposed to
approve and incorporate by reference Ohio EPA's DFFOs issued to Globe
on June 23, 2020, including emission limits and associated compliance
monitoring, recordkeeping, and reporting requirements. In addition, EPA
proposed to approve the base year emissions inventory and to affirm
that the new source review requirements for the area had previously
been met.
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    \1\ 86 FR 67885 (November 30, 2021).
    \2\ 85 FR 60933 (September 29, 2020).
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    EPA's notice of proposed rulemaking provided an explanation of the
applicable provisions in the CAA and the measures and limitations
identified in Ohio's attainment plan to satisfy these provisions.
Ohio's plan was based on, among other things, Globe purchasing a tract
of property to the north of the facility that was modeled to be
impacted by SO2 emissions from the facility. EPA found that
the inclusion of this property within Globe's fenceline was necessary
to demonstrate that no violations of the 1-hour SO2 NAAQS
would occur outside of company property.
    On June 1, 2021, EPA learned from Ohio EPA that Globe had decided
not to purchase the land as anticipated by the attainment plan. As the
attainment demonstration relied on the inclusion of this property
within Globe's fenceline, failure to obtain the land renders the
attainment demonstration invalid. Without a valid attainment
demonstration, the proposed plan does not meet the requirements for
meeting RFP toward attainment of the NAAQS, RACM/RACT, emission
limitations and control measures as necessary to attain the NAAQS, and
contingency measures. Final action to disapprove the attainment
demonstration will start sanctions and Federal implementation plan
(FIP) clocks for this area under CAA sections 179(a)-(b) and 110(c),
respectively. Sanctions and FIP clocks will be terminated by an EPA
rulemaking approving a revised attainment demonstration.

II. What is EPA's response to comments received on the proposed
rulemaking?

    The proposed action described above provided a public comment
period that closed on December 30, 2021. EPA received no comments on
the proposed action.

III. What action is EPA taking?

    EPA is approving the base year emissions inventory and affirming
that the new source review requirements for the area have been met. EPA
is disapproving Ohio's attainment demonstration for the Muskingum River
SO2 nonattainment area, as well as the requirements for
meeting RFP toward attainment of the NAAQS, RACM/RACT, emission
limitations and control measures as necessary to attain the NAAQS, and
contingency measures.
    This disapproval starts sanctions clocks for this area under CAA
section 179(a)-(b), including a requirement for 2-for-1 offsets for any
major new sources or major modifications 18 months after the effective
date of this action, and highway funding sanctions 6 months thereafter,
as well as initiate an obligation for EPA to promulgate a FIP within 24
months, under CAA section 110(c), unless in the meantime EPA has
approved a plan that satisfies the requirements that EPA is finding
unsatisfied. Ohio has committed to submit a supplemental submittal
addressing EPA's concerns. Evaluation of such submittal would take
place in a subsequent action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action partially approves and partially disapproves 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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications 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. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 21, 2022. 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, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: January 11, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
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.

0
2. In Sec.  52.1870, the table in paragraph (e) is amended under the
heading ``Summary of Criteria Pollutant Attainment Plans'' by adding an
entry for ``SO2 (2010)'' after the entry for
``SO2 (2010)'' (with a State date of 2/16/2017) to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                    Applicable
                                 geographical or
             Title                non-attainment     State date         EPA approval              Comments
                                       area
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Attainment Plans
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                                                  * * * * * * *
SO2 (2010)....................  Muskingum River..       6/23/2020  1/18/2022, [INSERT      EPA is approving only
                                                                    FEDERAL REGISTER        the emissions
                                                                    CITATION].              inventory and
                                                                                nonattainment NSR
                                                                                elements.

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

0
3. Section 52.1873 is amended by adding paragraph (b) to read as
follows:

Sec.  52.1873  Approval status.

* * * * *
    (b) The Administrator disapproves Ohio's attainment demonstration,
submitted on April 3, 2015, and October 13, 2015, and supplemented on
June 23, 2020, and June 1, 2021, for the Muskingum River SO2
nonattainment area.

[FR Doc. 2022-00784 Filed 1-14-22; 8:45 am]
BILLING CODE 6560-50-P


 [Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Rules and Regulations] [Pages 39360-39362] [FR Doc No: 2017-17512]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0521]

RIN 1625-AA00

Safety Zone; Kaskaskia River, Evansville, IL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for all

navigable waters on the Kaskaskia River between mile marker (MM) 9.0

and MM 11.0. This action is necessary to provide for the safety of life

on these navigable waters near Evansville, IL during high speed boat

races. Entry of vessels or persons into this safety zone is prohibited

unless authorized by the Captain of the Port Upper Mississippi River

(COTP) or a designated representative.

DATES: This rule is effective from 8 a.m. on September 16, 2017,

through 6 p.m. on September 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being

available in the docket, go to http://

www.regulations.gov, type USCG-2017-0521 in the ``SEARCH'' box and

click ``SEARCH.'' Click on Open Docket Folder on the line associated

with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,

call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast

Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port Upper Mississippi River

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

Sec.  Section

U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard preceded this final rule with a Notice of Proposed

Rulemaking (NPRM). The NPRM was published in the Federal Register on

June 21, 2017, (82 FR 28290). There we stated why we issued the NPRM,

and invited comments on our proposed regulatory action related to high

speed boat races on the Kaskaskia River in Evansville, IL. The NPRM

listed dates and times of enforcement of the safety zone. During the

comment period that ended July 21, 2017, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.

1231. The Captain of the Port Upper Mississippi River (COTP) has

determined that potential hazards associated with the high speed boat

races will cause safety concerns. The purpose of this rule is to ensure

safety of life, vessels and the navigable waters in the safety zones,

before, during, and after the scheduled event.

IV. Discussion of the Comments, Changes, and the Rule

    As noted above, during the comment period for our NPRM that

published June 21, 2017, no comments were received. There are no

changes in the regulatory text of this rule from the proposed rule in

the NPRM.

    This rule establishes a safety zone from 8 a.m. on September 16,

2017 through 6 p.m. on September 17, 2017. The zone will be enforced

from 8 a.m. through 6 p.m. each day. The safety zone will cover all

navigable waters between MM 9.0 and 11.0 on the Kaskaskia River in

Evansville, IL. The duration of the zone is intended to ensure the

safety of vessels and participants on the navigable waters before,

during, and after the scheduled high speed boat practices and races.

Entry of vessels or persons into this safety zone is prohibited without

obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and

Executive Orders related to rulemaking. Below we summarize our analyses

based on a number of these statutes and Executive orders, and we

discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the

costs and benefits of available regulatory alternatives and, if

regulation is necessary, to select regulatory approaches that maximize

net benefits. Executive Order 13771 directs agencies to control

regulatory costs through a budgeting process. This rule has not been

designated a ``significant regulatory action,'' under Executive Order

12866. Accordingly, this rule has not been reviewed by the Office of

Management and Budget (OMB), and pursuant to OMB guidance it is exempt

from the requirements of Executive Order 13771.

    This regulatory action determination is based on the size,

location, duration, and time-of-day of the regulated area. Vessel

traffic will be able to safely navigate through the affected area

before and after the scheduled event. The safety zone will only be

enforced for a period of 10 hours on each of 2 days on 2 miles of

navigable waters. Entry into the safety zones established through this

rulemaking may be requested from the COTP or a designated

representative; requests will be considered on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as

amended, requires Federal agencies to consider the potential impact of

regulations on small entities during rulemaking. The term ``small

entities'' comprises small businesses, not-for-profit organizations

that are independently owned and operated and are not dominant in their

fields, and governmental jurisdictions with populations of less than

50,000. The Coast Guard received no comments from the Small Business

Administration on this rulemaking. The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have a significant economic

impact on a substantial number of small entities.

    While some owners or operators of vessels intending to transit the

safety zone may be small entities, for the reasons stated in section

V.A. above, this rule will not have a significant economic impact on

any vessel owner or operator.

    Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small

entities in understanding this rule. If the rule would affect your

small business, organization, or governmental jurisdiction and you have

questions concerning its provisions or options for compliance, please

contact the person listed in the FOR FURTHER INFORMATION CONTACT

section.

    Small businesses may send comments on the actions of Federal

employees who enforce, or otherwise determine compliance with, Federal

regulations to the Small Business and Agriculture Regulatory

Enforcement Ombudsman and the Regional Small Business Regulatory

Fairness Boards. The Ombudsman evaluates these actions annually and

rates each agency's responsiveness to small business. If you wish to

comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR

(1-888-734-3247). The Coast Guard will not retaliate against small

entities that question or complain about this rule or any policy or

action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under

the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,

Federalism, if it has a substantial direct effect on the States, on the

relationship between the national government and the States, or on the

distribution of power and responsibilities among the various levels of

government. We have analyzed this rule under that Order and have

determined that it is consistent with the fundamental federalism

principles and preemption requirements described in Executive

Order13132.

    Also, this rule does not have tribal implications under Executive

Order 13175, Consultation and Coordination with Indian Tribal

Governments, because it does not have a substantial direct effect on

one or more Indian tribes, on the relationship between the Federal

Government and Indian tribes,

or on the distribution of power and responsibilities between the

Federal Government and Indian tribes. If you believe this rule has

implications for federalism or Indian tribes, please contact the person

listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)

requires Federal agencies to assess the effects of their discretionary

regulatory actions. In particular, the Act addresses actions that may

result in the expenditure by a State, local, or tribal government, in

the aggregate, or by the private sector of $100,000,000 (adjusted for

inflation) or more in any one year. Though this rule will not result in

such an expenditure, we do discuss the effects of this rule elsewhere

in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which

guide the Coast Guard in complying with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that

this action is one of a category of actions that do not individually or

cumulatively have a significant effect on the human environment. This

rule involves a safety zone lasting for 10 hours on 2 days, during

daylight hours and restricts transit on a section of the Kaskaskia

River extending 2 miles. It is categorically excluded from further

review under paragraph 34(g) of Figure 2-1 of the Commandant

Instruction. A Record of Environmental Consideration supporting this

determination is available in the docket where indicated under

ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

Protesters are asked to contact the person listed in the FOR FURTHER

INFORMATION CONTACT section to coordinate protest activities so that

your message can be received without jeopardizing the safety or

security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,

6.04-6, and 160.5; Department of Homeland Security Delegation No.

0170.1.

0

2. Add Sec.  165.T08-0521 to read as follows:

 Sec.  165.T08-0521  Safety Zone; Kaskaskia River, Evansville, IL.

    (a) Location. The following area is a safety zone: all navigable

waters of the Kaskaskia River between MM 9.0 and MM 11.0, Evansville,

IL.

    (b) Definitions. As used in this section, a ``designated

representative'' means a Coast Guard Patrol Commander, including a

Coast Guard coxswain, petty officer, or other officer operating a Coast

Guard vessel and a Federal, State, and local officer designated by or

assisting the Captain of the Port Upper Mississippi River (COTP) in the

enforcement of the safety zone.

    (c) Regulations. (1) Under the general safety zone regulations in

subpart C of this part, you may not enter the safety zone described in

paragraph (a) of this section unless authorized by the COTP or a

designated representative.

    (2) To request entry into the safety zone, contact the COTP or a

designated representative via VHF-FM channel 16, or Coast Guard Sector

Upper Mississippi River by telephone at<PHONE_NUMBER>. Those persons

authorized to be in the safety zone must comply with all lawful orders

or directions given to them by the COTP or a designated representative.

    (d) Enforcement period. This section will be enforced each day from

8 a.m. through 6 p.m. on September 16 and 17, 2017.

    (e) Informational broadcasts. The COTP or a designated

representative will inform the public through broadcast notices to

mariners of the enforcement period for the safety zone.

    Dated: August 15, 2017.

 Scott A. Stoermer,

Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.

[FR Doc. 2017-17512 Filed 8-17-17; 8:45 am]

BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Page 3676]
[FR Doc No: 2020-00956]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP20-433-001.
    Applicants: Adelphia Gateway, LLC.
    Description: Tariff Amendment: Adelphia NAESB amendment filing 1-
14-20 to be effective 1/13/2020.
    Filed Date: 1/14/20.
    Accession Number: 20200114-5164.
    Comments Due: 5 p.m. ET 1/27/20.

    Docket Numbers: RP20-434-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
Liberty Utilities RP18-923 & RP20-131 Settlement to be effective 1/1/
2019.
    Filed Date: 1/14/20.
    Accession Number: 20200114-5081.
    Comments Due: 5 p.m. ET 1/27/20.

    Docket Numbers: RP20-435-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Calyx
51780 to BP 52119) to be effective 1/15/2020.
    Filed Date: 1/14/20.
    Accession Number: 20200114-5083.
    Comments Due: 5 p.m. ET 1/27/20.

    Docket Numbers: RP20-435-001.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Tariff Amendment: Amendment to Filing in Docket No.
RP20-435-000 to be effective 1/15/2020.
    Filed Date: 1/14/20.
    Accession Number: 20200114-5093.
    Comments Due: 5 p.m. ET 1/27/20.

    Docket Numbers: RP20-436-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: REX 2020-01-14 Non-Conforming
Negotiated Rate amendment to be effective 1/15/2020.
    Filed Date: 1/14/20.
    Accession Number: 20200114-5179.
    Comments Due: 5 p.m. ET 1/27/20.

    Docket Numbers: RP20-437-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Sec.  4(d) Rate Filing: ETNG Jan2020 NCF Cleanup to be
effective 2/14/2020.
    Filed Date: 1/14/20.
    Accession Number: 20200114-5184.
    Comments Due: 5 p.m. ET 1/27/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 15, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-00956 Filed 1-21-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Proposed Rules]
[Pages 13679-13683]
[FR Doc No: 2021-02762]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0165; FRL-10018-30-Region 6]

Air Approval Plans; Texas; Reasonably Available Control
Technology in the Houston-Galveston-Brazoria Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve the May
13, 2020 revisions to the Texas State Implementation Plan (SIP)
concerning Reasonably Available Control Technology (RACT) requirement
for the Houston-Galveston-Brazoria (HGB), 2008 8-hour ozone National
Air Quality Ambient Air Quality Standards (NAAQS) nonattainment area
(NA). The HGB area, designated as serious for 2008 8-hour ozone NAAQS,
consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery and Waller counties. The RACT requirements apply to sources
of Volatile Organic Compounds (VOC) and Oxides of Nitrogen
(NOX) in this area. We are also proposing to approve
negative declarations for certain VOC source categories subject to RACT
in the HGB area.

DATES: Written comments must be received on or before April 9, 2021.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0165, at https://www.regulations.gov or via email to
<EMAIL_ADDRESS>Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Robert M. Todd, (214)
665-2156<EMAIL_ADDRESS>For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Robert M. Todd,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Out of an abundance of caution for members of the
public and our staff, the EPA Region 6 office may be closed to the
public to reduce the risk of transmitting COVID-19. We encourage the
public to submit comments via https://www.regulations.gov, as there may
be a delay in processing mail and courier or hand deliveries may not be
accepted. Please call or email the contact listed above if you need
alternative access to material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    VOC and NOX help produce ground-level ozone, or smog,
which harms human health and the environment. Sections 182(b)(2) and
(f) require that SIPs for ozone nonattainment areas classified as
moderate or above include implementation of RACT for any source covered
by a Control Techniques Guidelines (CTG) document and also for any
major source of VOC or NOX not covered by a CTG. It is worth
noting that for some CTG categories, RACT is applicable to minor or
area sources. The EPA has defined RACT as the lowest emissions
limitation that a particular source is capable of meeting by the
application of control technology that is reasonably available,
considering technological and economic feasibility. See September 17,
1979 (44 FR 53761).
    For a Moderate, Serious, or Severe area a major stationary source
is one that emits, or has the potential to emit, 100, 50, or 25 tons
per year (tpy) or more of VOCs or NOX, respectively. See CAA
sections 182(b), 182(c), and 182(d). The EPA provides states with
guidance concerning what types of controls could constitute RACT for a
given source category through the issuance of CTG and Alternative
Control Techniques (ACT) documents. See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques (URL dating November 12, 2020) for a listing of EPA-
issued CTGs and ACTs.
    On March 27, 2008, the EPA revised the primary and secondary Ozone
(O3) standard to a level of 75 parts per billion (ppb). On
October 26, 2015, (80 FR 65292) EPA adopted another revision to the
Ozone standard, but the 2008 standard remains in place. This notice
concerns the VOC RACT requirements under the 2008 standard.
    Promulgation of a NAAQS triggers a requirement for the EPA to
designate areas as nonattainment, attainment, or unclassifiable, and to
classify the NAs at the time of designation. On May 21, 2012, the EPA
established initial area designations for most areas of the country
with respect to the 2008 primary and secondary eight-hour O3
NAAQS. The EPA published two rules addressing final implementation \1\
and air quality designations.\2\ The implementation rule established
classifications, associated attainment deadlines, and revoked the 1997
O3 standards for transportation conformity purposes. The
designation rule finalized the NAA boundaries for areas that did not
meet the 75 ppb standard. Furthermore, the finalized nonattainment
areas were classified according to the severity of their O3
air quality problems as determined by each area's design value.\3\ The
O3 classification categories were defined as Marginal,
Moderate, Serious, Severe, or Extreme.
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    \1\ See 77 FR 30160 ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: Nonattainment Area
Classifications Approach, Attainment Deadlines and Revocation of the
1997 Ozone Standards for Transportation Conformity Purposes.''
    \2\ See 77 FR 30088, ``Air Quality Designations for the 2008
Ozone National Ambient Air Quality Standards.''
    \3\ The air quality design value for the 8-hour ozone NAAQS is
the three-year average of the annual fourth highest daily maximum 8-
hour average ozone concentration. See 40 CFR part 50, appendix I.
---------------------------------------------------------------------------

    Originally the HGB area was classified as ``marginal'' (77 FR 30088
and 77 FR 30160, May 21, 2012).\4\ However, the HGB area did not meet
the revised attainment deadline of July 20, 2016 and was reclassified
to moderate. Based on the moderate classification of the HGB area for
the 2008 ozone standard, under section 182(b) of the CAA, a major
stationary source in the area is one that emits, or has the potential
to emit, 100 tpy or more of VOCs or NOX. However, on August
23, 2019 (84 FR 44238), we found the HGB area did not meet the
attainment date for the moderate classification under the 2008
O3 NAAQS and designated the area to be a ``serious''
nonattainment area with an attainment date of July 20, 2021. Under the
``serious'' designation the major source threshold is 50 tpy or more of
VOC or NOX. In our action reclassifying HGB to serious, we
set a deadline of August 3, 2021 for TCEQ to provide a demonstration
that RACT was in place as necessary to meet the serious area
requirements.
---------------------------------------------------------------------------

    \4\ Subsequently the attainment deadlines were revised under the
marginal classification. 80 FR 12264, March 6, 2015; 81 FR 26697,
May 4, 2016).
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    On May 13, 2020 Texas submitted its SIP demonstration that serious
level RACT for sources of VOC and NOX emissions in the HGB
area is met for the 2008 NAAQS. Texas, in its SIP analyses \5\ to
identify major stationary sources of NOX and VOC reviewed
the TCEQ 2017 point source emissions inventory, New Source Review and
Clean Air Act Title V databases to locate potential sources. All
sources in the Title V database that were listed as a major source for
NOX or VOC emissions are included in the RACT analysis. TCEQ
noted that they reviewed sources that reported actual emissions as low
as 25 tpy of NOX or VOC to account for the difference
between actual and potential emissions. TCEQ also noted that sites

from the emissions inventory database with emissions equal to or
greater than a threshold of 25 tpy or more of NOX or VOC
definition that were not identified in the Title V database and could
not be verified as minor sources by other means are also included in
the RACT analysis.
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    \5\ See Appendix F, Reasonably Available control Technology
Analysis, of the state's SIP submittal, available at https://www.tceq.texas.gov/assets/public/implementation/air/sip/hgb/hgb_serious_AD_2019/HGB_AD_SIP_19077SIP_AppendixF_adoption.pdf. Last
accessed November 16, 2020.
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II. Evaluation

Reliance on Prior RACT Determination for HGB Area

    In TCEQ's May 13, 2020 submittal, Table F-1 titled ``State Rules
Addressing VOC RACT Requirements in CTG Reference Documents'' lists VOC
CTG source categories, their reference documents, and corresponding
state rules addressing VOC RACT requirements. Table F-2 titled ``State
Rules Addressing VOC RACT Requirements in ACT Reference Documents,'' in
TCEQ's May 13, 2020 SIP, lists state rules addressing VOC RACT for ACT
source categories. The implementation rule of March 6, 2015 (80 FR
12264), explains that States should refer to existing CTG and ACT
documents as well as all relevant technical information including
recent technical information received during the public comment period
to determine if RACT is being applied. States may conclude, in some
cases, that sources already addressed by RACT determinations to meet
the 1-hour and/or the 1997 8-hour ozone NAAQS do not need to implement
additional controls to meet the 2008 ozone NAAQS RACT requirement (80
FR 12279, March 6, 2015). The EPA has approved the 30 TAC Chapter 115
VOC rules as RACT for the HGB area under the 1-hour and 1997 8-hour
ozone NAAQS (71 FR, 52670, September 6, 2006; 78 FR 19599, April 2,
2013; 79 FR 21144, April 15, 2014; 79 FR 45105, August 4, 2014; and 80
FR 16291, March 27, 2015) and later the 2008 Moderate NAAQS area
designation (84 FR 18145, April 30, 2019). The EPA determined that VOC
RACT is in place for all CTG and non-CTG major sources in the HGB area
for the 1-hour, 1997 8-hour ozone NAAQS and 2008 moderate area NAAQS
(71 FR 52676, September 6, 2006; 79 FR 21144, April 15, 2014; and 84 FR
18145, April 30, 2019), respectively. Texas's May 13, 2020 submittal
relies on those EPA-approved Chapter 115 rules for the 1-hour, 1997 8-
hour and 2008 8-hour ozone NAAQS to fulfill RACT requirement for CTG
and non-CTG VOC major sources for the 2008 8-hour serious ozone
NAAQS.\6\
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    \6\ See EPA-R06-OAR-2005-TX-0018, EPA-R06-OAR-2012-0100 and EPA-
R06-OAR-2017-0055, available through the Regulations.gov website at:
https://www.regulations.gov/.
---------------------------------------------------------------------------

    We are proposing to find that the rules we approved as meeting RACT
for the 1-hour and 1997 8-hour ozone NAAQS also meet RACT for the 2008
8-hour ozone NAAQS. We have determined this is appropriate because the
fundamental control techniques described in the CTG and ACT documents
and implemented in the Texas Rules are still applicable. This is
supported by the implementing rule for the 2008 ozone NAAQS.\7\ The
Chapter 115 rules provide appropriate VOC emissions reductions that are
equivalent to control options cited in the CTG and ACT documents and
any non-CTG major sources are appropriately controlled.
---------------------------------------------------------------------------

    \7\ See March 6, 2015 (80 FR 12279), final action and rationale
and 80 FR 12280, first column, comments and responses.
---------------------------------------------------------------------------

    The state did not include any revisions to implement the new CTG
for the Oil and Natural Gas Industry (EPA-453/B-16-001, October 2016)
in the HGB area.\8\ As explained in EPA's implementing memo \9\ for
this CTG, Texas was required to adopt and submit revisions to the SIP
by no later than two years after the availability of the said CTG. In
this case, the date of the notice of availability was October 27, 2016
(See 81 FR 74798). EPA issued a notice of failure to submit on November
16, 2020 (85 FR 72963) \10\ establishing a 24-month deadline for EPA to
either approve SIPs or finalize Federal Implementation Plans (FIPs)
that address the Oil and Natural Gas Industry CTG in the HGB area. See
section 110(c) of the Act. The EPA is committed to working with Texas
to expedite the development and submission of the required SIP
revisions addressing the Oil and Natural Gas Industry CTG for the
affected areas, and to review and act on their submissions in
accordance with the requirements of the CAA.
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    \8\ At the time of the submittal to EPA Region 6, TCEQ noted the
existence of the O&G CTG, stating EPA had proposed to withdraw it on
March 9, 2018 (83 FR 10478).
    \9\ See ``Implementing Reasonably Available Control Technology
Requirements for Sources Covered by the 2016 Control Techniques
Guidelines for the Oil and Natural Gas Industry'' Memorandum from
Anna Marie Wood, October 20, 2016. https://www.epa.gov/sites/production/files/2016-10/documents/implementing_reasonably_available_control_technology_requirements_for_sources_covered_by_the_2016_control_techniques_guidelines_for_the_oil_and_natural_gas_industry.pdf.
    \10\ See Docket ID No. EPA-HQ-OAR-2020-0485 available at
www.regulations.gov.
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VOC RACT Analysis for Additional Controls or Newly Identified Sources

    The vast majority of major sources of VOC are in categories covered
by CTGs but as explained previously, states must ensure that all major
sources have implemented RACT even those not covered by CTG's. During
the last RACT review for the 2008 ozone NAAQS conducted in response to
the area's moderate area classification and based on the moderate area
100 tpy major source threshold, the TCEQ identified a Vegetable Oil
Manufacturing Operations source emitting VOCs in a quantity greater
than the major source definition and not covered by CTG category or
previously approved RACT rule. TCEQ's analysis showed that the source
met a level of control consistent with RACT, i.e., the lowest
achievable emission rate considering technical and economic
feasibility. TCEQ did not identify any other major sources of VOC not
covered by a rule previously approved as implementing RACT or achieving
a level of control consistent with RACT considering technical and
economic feasibility. Please see the Technical Support Document (TSD)
prepared in conjunction with this action for additional information.

VOC RACT Negative Declarations

    States are not required to adopt RACT limits for CTG source
categories for which no sources exist in a nonattainment area and can
submit a negative declaration to that effect. The negative declaration
would need to assert that there are no CTG sources in the area, and the
accompanying analysis would need to support that conclusion. Texas has
reviewed its emission inventory and determined that its previous
negative declarations for fiberglass boat manufacturing materials,
surface coating for flat wood paneling, letterpress printing,
automobile and light-duty truck assembly coating, and rubber tire
manufacturing categories submitted as part of its HGB Area VOC RACT SIP
for the 1997 8-hour ozone NAAQS are still applicable (79 FR 21144,
April 15, 2014). We also are unaware of any sources in these CTG source
categories in the area and therefore we propose to approve these
negative declarations.
    See Table F-2 titled ``State Rules Addressing VOC RACT Requirements
in ACT Reference Documents'' for a listing of source types for which a
VOC Alternate Control Technology document has been issued, the state's
determination of how the technologies in the ACT have been addressed
and whether or not such a source is

currently located in the HGB NA area. We also are not aware of any
major sources in the ACT source categories which TCEQ indicates that no
sources are located in the HGB area.

HGB Area NOX RACT TCEQ Analysis

    Under CAA section 182(f) RACT is required for major sources of
NOX. The EPA has issued ACT documents \11\ that describe
available control technologies for NOX emissions, but do not
define presumptive RACT levels. In TCEQ's May 13, 2020 submittal, Table
F-3: State Rules Addressing NOX RACT Requirements in ACT Reference
Documents provides the emission source categories, the ACT reference
documents, and the state Chapter 117 rules addressing the RACT
requirements for sources in the NOX ACT documents. TCEQ also
identified a glass manufacturing furnace with major NOX
emissions for which the state has not written a Chapter 117 rule
controlling NOX emissions.
---------------------------------------------------------------------------

    \11\ See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques.
---------------------------------------------------------------------------

    In 2013, EPA determined that NOX control measures in 30
TAC Chapter 117 met 1997 8-hour RACT requirements for major sources of
NOX in the HGB area under the 1-hour and 1997 8-hour ozone
NAAQS (78 FR 19599, April 2, 2013). Our approval, under these previous
standards, found that RACT was being implemented at all major sources
under the severe area major source threshold of 25 tpy of
NOX. We reaffirmed that determination at 84 FR 18145, April
30, 2019 in response to the area's moderate classification under the
2008 standard. Texas's submittal relies on those EPA-approved Chapter
117 rules to fulfill RACT requirements for all but one NOX
source category that exist in the HGB area. As noted, there was a major
source glass manufacturer identified as part of the analysis approved
in April 2019. At that time, we approved the controls in place at the
facility as RACT with controls consistent with the ACT for this source
type. (See section 3.2.2 of Appendix F of the TCEQ May 13, 2020
submittal for details.)
    In our implementation rule for the 2008 ozone NAAQS, we made clear
we believed that, in some cases, new RACT determinations would ``result
in the same or similar control technology as the RACT determinations
made for the 1-hour or 1997 standards.'' This is because the
fundamental control techniques, as described in the CTG and ACT
documents, are still applicable. Following this line of reasoning,
Texas determined the existing Chapter 117 NOX reduction
regulations provide appropriate NOX emissions reductions
that meet RACT emission reduction requirements and adequately
incorporate ACT document controls where appropriate. We are proposing
to find that the existing Chapter 117 rules meet the RACT requirement
in the HGB area for the 2008 8-hour ozone NAAQS.
    As stated above, Texas noted their review of NOX sources
in the HGB area identified only one major source that was not covered
by a rule previously approved as RACT which was a facility falling
under the Glass Manufacturing ACT category.\12\ The source has existing
controls consistent with RACT. Texas did not locate any major sources
subject to the NOX Emission from Cement Manufacturing ACT.
For all the other NOX ACT sources, the state has established
Chapter 117 regulations we have previously approved as RACT for the
1997 8-hour ozone NAAQS, reaffirmed as RACT in a review conducted for
the 2008 ozone moderate NA designation, and, as discussed above, we are
proposing to find them as meeting RACT for the 2008 ozone serious NA
designation.
---------------------------------------------------------------------------

    \12\ See EPA Docket ID NOs EPA-R06-OAR-2012-0100 and EPA-R06-
OAR-2017-0055, available at: https://www.regulations.gov/.
---------------------------------------------------------------------------

CAA 110(l) Analysis

    CAA section 110(l) requires that a SIP revision submitted to EPA be
adopted after reasonable notice and public hearing. Section 110(l) also
requires that we not approve a SIP revision if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA.
    As a part of its submittal the TCEQ provided copies of the Public
Notice of proposed serious attainment demonstration plans in the Texas
Register and local newspapers. The TCEQ also held a public hearing on
the revisions to the SIP on October 14, 2019 in Houston, Texas.
    There are no rule changes in control requirements in this RACT
submittal. The evaluation of the submittal reveals that previously EPA-
approved RACT levels of control for the HGB area continue to be in
effect, and there is no relaxation of those control measures for the
affected sources in the proposed RACT in the HGB area. Therefore, we do
not expect the existing NOX and VOC RACT controls measures
to interfere with attainment and reasonable further progress of ozone
pollution control requirements, or any other applicable requirement of
the Act. Furthermore, records demonstrate that Texas adopted an
attainment demonstration plan that includes this RACT analyses after
reasonable notice, a public hearing, and an opportunity for public
comment. Thus, the CAA Section 110(l) requirements are met. We propose
that RACT is in place for affected sources of NOX and VOC
emissions and that the existing controls requirements continue to
represent RACT for the HGB area with the exception of those sources
subject to the Oil and Gas CTG.

III. Proposed Action

    We are proposing to approve the May 13, 2020 revisions to the Texas
SIP concerning the HGB 2008 8-hour ozone NAAQS nonattainment area as
meeting the VOC and NOX RACT requirements for an area
designated as serious with the exception of the requirement to
implement RACT for sources covered by the Oil and Gas CTG. The proposed
approval is, in part, based on previous VOC and NOX RACT
determinations made for this area under the 1-hour and the 1997 8-hour
ozone NAAQS. We are also proposing to approve negative declarations
made for fiberglass boat manufacturing materials, manufacturing of
pneumatic rubber tires, flat wood paneling coatings, letterpress
printing; and automobile and light-duty truck assembly coatings sectors
in the HGB area under the 2008 8-hour ozone NAAQS designated as
serious.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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 CAA. Accordingly, this
action merely proposes to approve 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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-02762 Filed 3-9-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Notices]
[Page 43734]
[DOCID:fr28jy08-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13212-000]

Kenai Hydro, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

July 21, 2008.
    On April 28, 2008, Kenai Hydro, LLC filed an application, pursuant
to section 4(f) of the Federal Power Act (FPA), proposing to study the
feasibility of the Grant Lake Project to be located on Grant Lake and
Creek in Kenai Peninsula Borough, Alaska. The project would occupy
federal lands managed by the U.S. Forest Service.
    The proposed project would most likely consist of: (1) An earth
fill, concrete faced gravity dam 10 feet high and 200 feet wide; (2) a
reservoir with an approximate surface elevation of 800 feet MSL, an
approximate surface area of 1,888 acres, and a storage capacity of
37,760 acre feet; (3) a 5 foot diameter, 1 mile long penstock
constructed of high density polyethylene or steel; (4) a powerhouse
containing one turbine-generator unit with a total installed capacity
of about 5 MW; (5) a 1-2 mile long, 115kV transmission line and; (6)
appurtenant facilities. The annual production would be 17.5 GWh which
would be sold to a local utility.
    Applicant Contact: Steve Gilbert, 6921 Howard Avenue, Anchorage, AK
99504,<PHONE_NUMBER>.
    FERC Contact: Steven Sachs,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
    Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    For more information on how to submit these types of filings please
go to the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of the Commission's Web site at http:/
/www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13212) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17154 Filed 7-25-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35195-35196]
[FR Doc No: 2022-12439]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC22-72-000.
    Applicants: NorthWestern Corporation.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of NorthWestern Corporation.
    Filed Date: 6/2/22.
    Accession Number: 20220602-5177.
    Comment Date: 5 p.m. ET 6/23/22.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-135-000.
    Applicants: Pisgah Ridge Solar LLC.
    Description: Pisgah Ridge Solar LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5039.
    Comment Date: 5 p.m. ET 6/24/22.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1852-065; ER10-2641-041.
    Applicants: Oleander Power Project, Limited Partnership, Florida
Power & Light Company.
    Description: Supplement to April 29, 2022 Notice of Change in
Status of Florida Power & Light Company, et al.
    Filed Date: 5/20/22.
    Accession Number: 20220520-5182.
    Comment Date: 5 p.m. ET 6/13/22.

    Docket Numbers: ER22-834-003.
    Applicants: PacifiCorp.
    Description: Compliance filing: OATT Revised LGIP & SGIP Compliance
Filing 6/3/2022 to be effective 4/1/2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5154.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-1503-000; ER22-1505-000.
    Applicants: WEB Silver Maple Wind, LLC, Pisgah Mountain, LLC.
    Description: Amendment to March 30, 2022 Pisgah Mountain, LLC, et
al. tariff filing.
    Filed Date: 5/26/22.
    Accession Number: 20220526-5182.
    Comment Date: 5 p.m. ET 6/16/22.

    Docket Numbers: ER22-1579-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2022-06-02_Amendment to Electric
Storage Resources Pre-Implementation Filing to be effective 6/6/2022.
    Filed Date: 6/2/22.
    Accession Number: 20220602-5165.
    Comment Date: 5 p.m. ET 6/23/22.

    Docket Numbers: ER22-2020-000.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: Sec.  205(d) Rate Filing: New York Independent System
Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 205: Joint
NYISO NMPC Second Amended Restated SGIA 2591--SunEast Watkins Road to
be effective 5/19/2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5061.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2021-000.
    Applicants: ISO New England Inc., The United Illuminating Company.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: PTO AC; Rev to Att F to Correct
Minor Errors & Update Name of PTO Versant Power to be effective 8/2/
2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5084.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2022-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: CCSF Revisions to Appendix G
(SA 275) to be effective 7/12/2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5089.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2023-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Macon County Solar (Hybrid
Project) LGIA Filing to be effective 5/22/2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5092.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2024-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF-FPL Rate Schedule No.
364 Export Agreement Concurrence to be effective 7/20/2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5109.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2025-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: LA, Tule Hydropower Project
WDT1794 (SA1179) to be effective 5/23/2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5131.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2026-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OA, Sch. 12 and
RAA, Sch. 17 re: 1st Quarter 2022 Member Lists to be effective 3/31/
2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5140.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2027-000.
    Applicants: Appalachian Power Company.
    Description: Sec.  205(d) Rate Filing: Operations Agreement with
KPCo to be effective 12/31/9998.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5147.
    Comment Date: 5 p.m. ET 6/24/22.

    Docket Numbers: ER22-2028-000.
    Applicants: SR Hazlehurst, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 8/3/2022.
    Filed Date: 6/3/22.
    Accession Number: 20220603-5152.
    Comment Date: 5 p.m. ET 6/24/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 3, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-12439 Filed 6-8-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Notices]
[Page 57313-57314]
[DOCID:fr09oc07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL07-104-000; EC07-134-000]

FPL Energy Mower County, LLC; FPL Energy Oliver Wind, LLC; FPL
Energy Oliver Wind II, LLC ; Logan Wind Energy, LLC; Peetz Table Wind
Energy, LLC; Peetz Logan Interconnect, LLC; Notice of Filing

September 28, 2007.
    Take notice that on September 24, 2007, pursuant to section 203 of
the Federal Power Act and Part 33 of the Commission's regulations, FPL
Energy Mower County, LLC, FPL Energy Oliver Wind, LLC, FPL Energy
Oliver Wind II, LLC, Logan Wind Energy, LLC, Peetz Table Wind Energy,
LLC and Peetz Logan Interconnect, LLC (Applicants), filed an
application for authorization for indirect upstream disposition of
their jurisdictional facilities in connection with the issuance of new
ownership interests in Northern Frontier Wind, LLC to Passive
Investors. Applicants also seek a petition for disclaimer of
jurisdiction of public utility status for Passive Investors.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 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 comment date. On or
before the comment date, it is not necessary to 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 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online 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 e-mail
notification when a

document is added to a subscribed docket(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 15, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-19783 Filed 10-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 8, 2005 (Volume 70, Number 235)]
[Notices]
[Page 73045-73047]
[DOCID:fr08de05-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52869; File No. SR-OCC-2005-16]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Gasoline Index Futures

December 1, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 26, 2005, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by OCC. OCC filed the

proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\2\ and Rule 19b-4(f)(4) thereunder \3\ making the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
parties.
---------------------------------------------------------------------------

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

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

    The proposed rule change would permit OCC to clear and settle cash-
settled futures contracts proposed to be listed by the CBOE Futures
Exchange (``CFE'') that are intended to track the price of
reformulated, regular octane gasoline sold through retail outlets
(``Gasoline Index Futures'').

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

    In its filing with the Commission, OCC 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 these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

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

A. Gasoline Index Futures
    The purpose of this rule change is to permit OCC to clear and
settle Gasoline Index Futures contracts proposed to be listed by CFE.
Gasoline Index Futures will have as their underlying interest indexes
of retail gasoline prices (``Gasoline Indexes'') published by the
Energy Information Administration (``EIA'') of the U.S. Department of
Energy. The Gasoline Indexes are compiled and released each Monday
evening from surveys of prices at retail gasoline outlets conducted by
the EIA each Monday morning. CFE is proposing to list Gasoline Index
Futures on six underlying Gasoline Indexes, one for the entire United
States and one for each of five ``Petroleum Administration for Defense
Districts.'' Gasoline Index Futures would cease trading on the third
Friday of the expiration month and would settle on the following
Tuesday using as a final settlement price (a) The Gasoline Index levels
published on the Monday preceding the settlement date multiplied by (b)
a contract multiplier of 10,500. For example, a Gasoline Index of $3.00
per gallon would result in a final settlement price of $31,500.
    OCC currently clears and settles futures on stock indexes. Although
Gasoline Index Futures will be the first non-stock index futures
contracts cleared and settled by OCC, OCC can clear them under its
existing By-Laws and Rules applicable to clearing futures contracts
with the minor amendments proposed in this filing. OCC will collect
margin and make variation payments with respect to Gasoline Index
Futures as in the case of any other futures contract. However, because
the Gasoline Indexes are published only once a week, OCC will be
required to estimate one-day volatilities in calculating initial
margin. Because OCC will estimate volatilities conservatively, margins
are likely to be higher than if underlying prices were available on a
daily basis. Gasoline Index Futures will be cleared under the current
clearing agreement between OCC and CFE subject only to the execution by
OCC and CFE of a new Schedule C listing the Gasoline Indexes as
permissible underlyings.
B. Rule Changes
    The terms Broad-Based Index Future and Narrow-Based Index Future
were defined in OCC's rule filing permitting it to clear security
futures in a manner that limited OCC's futures clearing and settlement
activities to futures on narrow-based stock indexes. There is no longer
a need to describe any such limitation because OCC is registered with
the Commodity Futures Trading Commission (``CFTC'') as a derivatives
clearing organization, and the Commission and the CFTC have previously
approved rules permitting OCC to clear commodity futures contracts. In
order to simplify OCC's Rules and to provide for non-stock index
futures, those terms are removed, and the definition of ``Index
Future'' is being amended to apply to a future on an index of
securities or commodities. Like the definition of Index Future,
Sections 4(a) and (b) of Article XII of OCC's By-Laws are amended so
that underlying indexes need not consist only of indexes of securities.
    A new sentence is added at the end of Article XII, Section 4(c) to
account for the possibility that if the Gasoline Indexes (or similar
indexes not derived from market-traded instruments) become unavailable,
a substitute index may not be available. In that instance, OCC would
terminate the index future and fix a settlement price in accordance
with Section 5, and any options on such future would be automatically
exercised if in-the-money based on the settlement price set by OCC.
Options that were out-of-the-money would terminate.
    Section 5 is amended to account for the fact that the prices that
are used to calculate Gasoline Indexes are not derived from an
organized market. Currently, Section 5(a) assumes that the price or
value of all underlying interests or the constituents of all underlying
indexes will be taken from organized markets where such underlying
interests or constituents are traded. Because different rules are
necessary when the prices or values of underlying interests or
constituents are not available from an organized market, introductory
language is added to Section 5(a) to limit that paragraph's
applicability to market-traded interests or constituents, and a new
paragraph (b) is added so that OCC may act when a price or value of an
underlying interest or constituent that is not traded on a market is
unavailable. Current paragraph (a)(2) is being redesignated as (c)(2),
and a new provision is added to that paragraph so that OCC may (i) fix
the final settlement price for a non-market-traded underlying interest
or constituent using a price or value or a combination or average of
prices or values deemed appropriate by OCC or (ii) simply fix the final
settlement price at the most recently determined settlement price for
the future. Because in the latter case the final settlement price would
equal the previous settlement price, no final variation payment would
be made.
    The introductory paragraph to Chapter XIII is simplified by
replacing lists of underlying interests and contracts cleared and
settled by OCC with more generic terms incorporating all underlying
interests and all futures and futures options OCC is permitted to clear
under its current rules. This change conforms that paragraph to the
corresponding introductory paragraph in Article XII.
    The proposed changes to OCC's By-Laws and Rules are consistent with
Section 17A of the Act \5\ and the rules and regulations thereunder
applicable to OCC because they are designed to promote the prompt and
accurate clearance and settlement of derivative transactions, to foster
cooperation and coordination with persons engaged in the clearance and
settlement of such transactions, to remove impediments to and perfect
the mechanism of a national system for the prompt and accurate

clearance and settlement of such transactions, and, in general, to
protect investors and the public interest. The proposed rule change is
not inconsistent with any other provision of the By-Laws and Rules of
OCC.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(4) \7\
thereunder because it effects a change in an existing service that (i)
does not adversely affect the safeguarding of securities or funds in
the custody or control of the clearing agency or for which it is
responsible and (ii) does not significantly affect the respective
rights or obligations of the clearing agency or persons using the
service. At any time within sixty days of the filing of such 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(F)(4).
---------------------------------------------------------------------------

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-OCC-2005-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-OCC-2005-16. 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 Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of OCC and on OCC's
Web site at http://www.optionsclearing.com. 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-OCC-2005-16 and should be submitted on
or before December 29, 2005.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7065 Filed 12-7-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9787-9789]
[FR Doc No: 2013-02723]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1070; Directorate Identifier 2012-NM-099-AD;
Amendment 39-17340; AD 2013-03-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and
Model A300 C4-605R Variant F airplanes (collectively called Model A300-
600 series airplanes); and Airbus

Model A310 series airplanes. This AD was prompted by fuel system
reviews conducted by the European Aviation Safety Agency (EASA). This
AD requires modifying the electrical control circuits of the inner,
center, and trim tank pumps, as applicable. We are issuing this AD to
reduce the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.

DATES: This AD becomes effective March 19, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 19,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 12, 2012 (77
FR 62182). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:

    [T]he FAA published Special Federal Aviation Regulation (SFAR)
88, and the Joint Aviation Authorities (JAA) published Interim
Policy INT/POL/25/12.
    In the framework of these requirements, EASA [European Aviation
Safety Agency] have determined that the electrical power supply
circuits of certain fuel pumps, installed on A300/A300-600, A310 and
A300-600ST aeroplane, for which the canisters become uncovered
during normal operation, could, under certain conditions, create an
ignition source in the tank vapour space.
    This condition, if not corrected, could result in a fuel tank
explosion and consequent loss of the aeroplane.
    To address this potential unsafe condition, Airbus developed a
modification which includes the installation of Ground Fault
Interrupters (GFI) into the inner, centre, and trim tank fuel pump
control circuits, providing additional system protection by
electrically isolating the pump in case of a ground fault condition
downstream of the GFI.
    For the reasons described above, this [EASA] AD requires
modification of the affected fuel pumps control circuit by
installing GFI.

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

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.

No Requests or Objections

    FedEx stated that the requirements and number of work-hours will
fit into its maintenance schedule, and the manufacturer provided an
estimate of 90 to 99 days' lead time on parts. FedEx also stated that
the proposed actions will not require any special procedures or
equipment. We infer that FedEx does not object to any requirements of
this AD.

Request To Extend Compliance Time

    United Parcel Service (UPS) noted that in Airbus Mandatory Service
Bulletin A300-28-3104, dated February 28, 2012, Airbus provided a parts
lead time estimate of 120 days. UPS stated that the 120 days would
reduce the time left to accomplish the work described in that service
bulletin. UPS requested that parts lead times be taken into
consideration when the FAA develops compliance times for ADs. We infer
that UPS requested the compliance time be extended to accommodate the
120-day parts lead time.
    We disagree with the request to extend the compliance time. We
considered the parts availability and lead time when developing the
compliance time. We have not changed this AD in this regard. However,
under the provisions of paragraph (h)(1) of this AD, we may approve
requests for an alternative method of compliance (AMOC) if data are
submitted to substantiate that such an adjustment would provide an
acceptable level of safety.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 62182, October 12, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 62182, October 12, 2012).

Costs of Compliance

    We estimate that this AD will affect 162 products of U.S. registry.
We also estimate that it will take about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $17,680 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $2,946,780, or $18,190 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 62182, October 12,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-03-05 Airbus: Amendment 39-17340. Docket No. FAA-2012-1070;
Directorate Identifier 2012-NM-099-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 19,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) All Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-
605R and F4-622R airplanes; and Model A300 C4-605R Variant F
airplanes.
    (2) All Airbus Model A310-203, -204, -221, -222, -304, -322, -
324, and -325 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28; Fuel.

(e) Reason

    This AD was prompted by fuel system reviews conducted by the
European Aviation Safety Agency (EASA). We are issuing this AD to
reduce the potential of ignition sources inside fuel tanks, which,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.

(f) Compliance

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

(g) Actions

    Within 48 months after the effective date of this AD, accomplish
the actions specified in paragraph (g)(1) or (g)(2) of this AD, as
applicable.
    (1) For Model A310 series airplanes: Modify the electrical
control circuits of the inner, center, and trim tank pumps, as
applicable, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A310-28-2170, dated February 28,
2012.
    (2) For Model A300-600 airplanes: Modify the electrical control
circuits of the inner, center, and trim tank pumps, as applicable,
in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A300-28-6104, dated February 28, 2012.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    Refer to MCAI EASA Airworthiness Directive 2012-0091, dated May
25, 2012, and the service information identified in paragraphs
(i)(1) and (i)(2) of this AD, for related information.
    (1) Airbus Mandatory Service Bulletin A310-28-2170, dated
February 28, 2012.
    (2) Airbus Mandatory Service Bulletin A300-28-6104, dated
February 28, 2012.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A310-28-2170, dated
February 28, 2012.
    (ii) Airbus Mandatory Service Bulletin A300-28-6104, dated
February 28, 2012.
    (3) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-02723 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P