[Federal Register: November 1, 2006 (Volume 71, Number 211)]
[Notices]
[Page 64264-64265]
[DOCID:fr01no06-63]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0296; FRL-8098-4]

Pesticide Product Registration Approval; Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces approval and requests comments on an
application to register the pesticide product Racer(\TM\) Concentrate
containing the active ingredient ammonium nonanoate not included in any
previously registered product pursuant to the provisions of section
3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before December 1, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0296, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0296 EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved
label, the list of data references, the data and other scientific
information used to support registration, except for material
specifically protected by section 10 of FIFRA, are also available for
public inspection. Requests for data must be made in accordance with
the provisions of the Freedom of Information Act and must be addressed
to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. The request should: Identify the
product name and registration number and specify the data or
information desired.
    A paper copy of the fact sheet, which provides more detail on this
registration, may be obtained from the National Technical Information
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.

FOR FURTHER INFORMATION CONTACT: Raderrio Wilkins, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural

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

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Did EPA Approve the Application?

    The Agency approved the application after considering all required
data on risks associated with the proposed use of ammonium nonanoate,
and information on social, economic, and environmental benefits to be
derived from use. Specifically, the Agency has considered the nature of
the chemical and its pattern of use, application methods and rates, and
level and extent of potential exposure. Based on these reviews, the
Agency was able to make basic health and safety determinations which
show that use of ammonium nonanoate when used in accordance with
widespread and commonly recognized practice, will not generally cause
unreasonable adverse effects to the environment.

III. Approved Application

    The company submitted an application to EPA to register the
pesticide product Racer(\TM\) Concentrate (EPA Registration Number
79766-1) containing the chemical ammonium nonanoate at 40%. This
product is used in nurseries, greenhouses, landscapes, and interior
scapes for the suppression and control of weeds including: Grasses,
vines, underbrush, annual/perennial plants, including moss, sapling,
and tree suckers. However, since the notice of receipt of the
application to register the product as required by section 3(c)(4) of
FIFRA, as amended, did not publish in the Federal Register, interested
parties may submit comments on or before December 1, 2006 for this
product.
    The application was approved as Racer\TM\ Concentrate on September
21, 2006 for this end-use product.

List of Subjects

    Environmental protection, Chemicals, Pesticides and pests.

    Dated: October 17, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E6-18429 Filed 10-31-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30753-30754]
[FR Doc No: 2018-14050]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0793]

Sun Pharmaceutical Industries, Ltd., and Sun Pharma Global FZE;
Withdrawal of Approval of Four Abbreviated New Drug Applications;
Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register on March 14, 2018. The notice
announced the voluntary withdrawal of approval of four abbreviated new
drug applications (ANDAs) from two applicants, effective April 13,
2018. In particular, the notice indicated that FDA was withdrawing
approval of the following ANDA after receiving a withdrawal request
from Sun Pharmaceutical Industries, Ltd., c/o Sun Pharmaceutical
Industries, Inc. (Sun Pharmaceutical), 2 Independence Way, Princeton,
NJ 08540: ANDA 076045, Lorazepam Tablets USP, 0.5 milligram (mg), 1 mg,
and 2 mg. Before withdrawal of this ANDA became effective, however, Sun
Pharmaceutical informed FDA that it did not want approval of the ANDA
withdrawn. Because Sun Pharmaceutical timely requested that approval of
this ANDA not be withdrawn, the approval of ANDA 076045 is still in
effect.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire

Ave., Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of Wednesday, March
14, 2018 (83 FR 11208), appearing on page 11208 in FR Doc. 2018-05120,
the following correction is made:
    1. On page 11208, the entry for ANDA 076045 in the table is
removed.

    Dated: June 26, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-14050 Filed 6-28-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68769-68771]
[FR Doc No: 2022-24888]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96281; File No. SR-ISE-2022-18]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Granting
Approval of a Proposed Rule Change To Amend the Short Term Option
Series Program

November 9, 2022.

I. Introduction

    On September 9, 2022, Nasdaq ISE, LLC (``ISE'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to:
(1) limit the number of Monday and Wednesday expiration dates for
options on SPDR S&P 500 ETF Trust (SPY), the INVESCO QQQ Trust\SM\,
Series 1 (QQQ), and iShares Russell 2000 ETF (IWM); and (2) permit the
listing and trading of options series with Tuesday and Thursday
expirations for options on SPY and QQQ listed pursuant to the
Exchange's short term option series program (``Short Term Options
Series Program''). The proposed rule change was published for comment
in the Federal Register on September 26, 2022.\3\ No comments were
received. The Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 95841 (September 20,
2022), 87 FR 58399 (``Notice'').
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II. Description of the Proposal 4
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    \4\ For a full description of the proposal, refer to the Notice,
supra note 3.
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    The Exchange proposes to amend the Short Term Option Series Program
rules to: (1) decrease the number of Monday and Wednesday short term
option expiration dates for options on SPY, QQQ, and IWM from five to
two expirations; and (2) expand the Short Term Option Series program to
permit the listing and trading of options series with Tuesday and
Thursday expirations for options on SPY and QQQ listed pursuant to the
Short Term Option Series Program, subject to the same proposed
limitation of two expirations.

Curtail Short Term Option Expiration Dates and Re-Organize Short Term
Option Daily Expiration Rules

    Currently, the Exchange may open for trading on any Tuesday or
Wednesday that is a business day series of options on SPY, QQQ, and IWM
to expire on any Wednesday of the month that is a business day and is
not a Wednesday in which Quarterly Options Series expire (``Wednesday
Expirations''). The Exchange also may open for trading on any Friday or
Monday that is a business day series of options on the SPY, QQQ, or IWM
to expire on any Monday of the month that is a business day and is not
a Monday in which Quarterly Options Series expire (``Monday
Expirations''), provided that Monday Expirations that are listed on a
Friday must be listed at least one business week and one business day
prior to the expiration. Currently, the Exchange may list up to five
consecutive Wednesday Expirations and five consecutive Monday
Expirations on each of SPY, QQQ, and IWM. The Exchange proposes to
curtail the number of Short Term Option Expiration Dates from five to
two per symbol for Monday Expirations and Wednesday Expirations.
    Further, in conjunction with the proposal to add Tuesday and
Thursday Expirations (as described below), the Exchange proposes to
create a new category of Short Term Options called ``Short Term Option
Daily Expirations,'' which will encompass the Monday, Tuesday,
Wednesday, and Thursday

Expirations. The Exchange proposes to include a table, labelled ``Table
1'', within Supplementary Material .03 to Options 4, Section 5 to
specify each symbol that qualifies as a Short Term Option Daily
Expiration as well the number of expirations for each symbol on each
expiration day. The Exchange is also proposing to specify that Monday
and Wednesday expirations may not expire on the same day in which
monthly options series expire.\5\ Finally, the Exchange is amending
Supplementary Material .03(b) to Options 4, Section 5, to replace the
reference to Monday and Wednesday Expirations with ``Short Term Option
Daily Expirations,'' which would permit Monday, Tuesday, Wednesday, and
Thursday Expirations to expire in the same week in which monthly option
series on the same class expire.
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    \5\ The Exchange notes that practically speaking, Monday and
Wednesday Expirations would not expire on the same day as a monthly
expiration. See Notice, supra note 3 at 58401. As is currently the
case, Monday and Wednesday Expirations may not expire on the same
day as a Quarterly Options Series. See Supplementary Material .03 of
Options 4, Section 5.
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    Short Term Options Series with Friday expirations on SPY, QQQ, IWM,
and other symbols will continue to have a total of five Short Term
Option Expiration Dates. These Friday expirations would be referred to
as ``Short Term Option Weekly Expirations'' to distinguish them from
the proposed Short Term Option Daily Expirations.

Tuesday and Thursday Expirations

    The Exchange proposes to expand the Short Term Option Series
Program to permit the Exchange to open for trading on any Monday or
Tuesday that is a business day series of options on SPY and QQQ that
expire at the close of business on each of the next two Tuesdays that
are business days and are not business days in which monthly options
series or Quarterly Options Series expire (``Tuesday Expirations''). If
the Tuesday Expiration falls on a Tuesday that is not a business day,
the series shall expire on the first business day immediately prior to
that Tuesday.
    Similarly, the proposal would permit the Exchange to open for
trading on any Wednesday or Thursday that is a business day series of
options on SPY and QQQ that expire at the close of business on each of
the next two Thursdays that are business days and are not business days
in which monthly options series or Quarterly Options Series expire
(``Thursday Expirations''). If the Thursday Expiration falls on a
Thursday that is not a business day, the series shall expire on the
first business day immediately prior to that Thursday.\6\
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    \6\ Further, in order to accommodate the listing of Tuesday and
Thursday Expirations, the Exchange also proposes to amend the
definition of Short Term Options Series at Options 1, Section
1(a)(49) to add Tuesday and Thursdays to the permitted expiration
days, which currently only include Monday, Wednesday, and Friday.
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    Tuesday and Thursday Expirations would be subject to Supplementary
Material .03 of Options 4, Section 5, as proposed to be amended. As
noted above, the Exchange proposes to amend Commentary .11(b) to
Options 4, Section 5 to permit Tuesday Expirations and Thursday
Expirations to expire in the same week in which monthly options series
on the same class expire. Otherwise, Tuesday Expirations and Thursday
Expirations will be subject to the same rules as other Short Term
Option Series.\7\
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    \7\ For example, the Tuesday Expirations and Thursday
Expirations would be subject to the same strike interval rules and
series limitations as other Short Term Option Series. See Notice,
supra note 3, at 58401.
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    The Exchange does not believe that any market disruptions would be
encountered with the introduction of Tuesday and Thursday
Expirations.\8\ The Exchange believes that it has the necessary
capacity and surveillance programs in place to support and properly
monitor trading in the proposed Tuesday and Thursday Expirations.\9\
The Exchange currently trades Short Term Option Series that expire
Monday and Wednesday for SPY, QQQ and IWM and stated that it has not
experienced any market disruptions nor issues with capacity.\10\
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    \8\ See id.
    \9\ See id.
    \10\ See id.
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Implementation

    The Exchange proposes to implement this rule change on or before
November 14, 2022. The Exchange would issue an Options Trader Alert to
notify Members of the implementation date. The Exchange states that
Monday and Wednesday Expirations in SPY, QQQ, and IWM that were listed
prior to the date of implementation would continue to be listed on the
Exchange until those options expire pursuant to current Short Term
Option Series rules within Supplementary Material .03 of Options 4,
Section 5.\11\
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    \11\ See id. at 58403.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange
and, in particular, with Section 6(b) of the Act.\12\ The Commission
finds that the proposed rule change is consistent with Section 6(b)(5)
of the Act,\13\ which requires, among other things, that a national
securities exchange have rules designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposal reduces the
number of Short Term Option Expirations to be listed on ISE.\14\ This
reduction may remove impediments to and perfect the mechanism of a free
and open market by encouraging market makers to deploy capital more
efficiently and improve displayed market quality. The Exchange stated
that it believes that despite the proposed curtailment of expirations,
its members would continue to be able to expand hedging tools and
tailor their investment and hedging needs more effectively in SPY, QQQ,
and IWM.\15\ Therefore, the Commission believes that the proposal is
reasonably designed to effectuate the Exchange's goal of balancing a
reduction in the number of Short Term Option Expirations with the needs
of market participants.
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    \12\ 15 U.S.C. 78f(b). In approving this proposed rule change,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See Notice, supra note 3 at 58400.
    \15\ See id. at 58403.
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    The Exchange's proposal to permit SPY and QQQ Tuesday and Thursday
Expirations may provide the investing public and other market
participants more flexibility to closely tailor their investment and
hedging decisions in SPY and QQQ options, thus allowing them to better
manage their risk exposure. In addition, the Tuesday and Thursday
Expirations would be subject to rules similar to existing Exchange
rules permitting the listing and trading of Monday and Wednesday
Expirations in SPY and QQQ options.\16\ Further, the Exchange has
represented that it has an adequate surveillance program in place to
detect manipulative trading in SPY and QQQ Tuesday and Thursday
Expirations and has the necessary

systems capacity to support the new options series.\17\
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    \16\ See id. at 58400.
    \17\ See id. at 58401.
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    Therefore, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act \18\ and the rules and
regulations thereunder applicable to a national securities exchange.
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    \18\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-ISE-2022-18), be, and hereby
is, approved.
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    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24888 Filed 11-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Rules and Regulations]
[Pages 31176-31178]
[FR Doc No: 2012-12726]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28059; Directorate Identifier 2007-NE-13-AD;
Amendment 39-17061; AD 2012-10-12]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc (RR) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for all RR RB211-Trent 553-61, 553A2-61, 556-61, 556A2-61, 556B-61,
556B2-61, 560-61, 560A2-61, 768-60, 772-60, 772B-60, 875-17, 877-17,
884-17, 884B-17, 892-17, 892B-17, and 895-17 turbofan engines. That AD
currently requires inspecting the intermediate-pressure (IP) compressor
rotor shaft rear balance land for cracks. This new AD continues to
require initial inspections, adds additional inspections, and a
mandatory terminating action. This AD was prompted by additional
cracking on RB211-Trent 700 and RB211-Trent 800 IP compressor rotor
shafts found since the existing AD was issued. We are issuing this AD
to detect cracking on the IP compressor rotor rear balance land. IP
compressor rotor rear balance land cracking can lead to uncontained
failure of the rotor and damage to the airplane.

DATES: This AD is effective June 29, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of June 29, 2012.

ADDRESSES: For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England,
DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-245418; or email
from http://www.rolls-royce.com/contact/civil_team.jsp. You may review
copies of the referenced service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine
Certification Office, FAA, 12 New England Executive Park, Burlington,
MA; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede AD 2008-18-08, Amendment 39-15665 (73
FR 52201, September 9, 2008). That AD applies to the specified
products. The SNPRM published in the Federal Register on January 20,
2012 (77 FR 2932). The original NPRM (76 FR 64283, October 18, 2011)
proposed to continue to require initial inspections, add additional
inspections, and an optional terminating action. The SNPRM proposed to
continue to require initial inspections, add additional inspections,
and a mandatory terminating action.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.

Request To Correct the Type of Inspection Called Out

    One commenter, Rolls-Royce plc, requested that we change ``Since we
issued that NPRM, RR has ceased efforts to develop an on-wing ECI'' to
``Since we issued that NPRM, RR has ceased efforts to develop an on-
wing ultrasonic inspection.'' The commenter stated that they were
developing an ultrasonic inspection, not an ECI.
    We agree that we called out the wrong type of inspection in that
part of the SNPRM preamble. However, that information is not repeated
in the final rule. We did not change the AD.

Request To Correct Reference Errors

    Two commenters, The Boeing Company and Rolls-Royce plc, requested
that we change the service bulletin number in paragraph (k)(2)(iii),
from RR Alert Service Bulletin (ASB) No. RB.211-72-AG401, Revision 2,
dated July 5, 2011, to RR ASB No. RB.211-72-AG402, Revision 1, dated
January 11, 2011. They also requested that we correct the paragraph
(j)(1) to (j)(2) in that same paragraph.
    We partially agree. We agree that we misnumbered the service
bulletins. We do not agree to correct them because we deleted paragraph
(k)(2)(iii) from the final AD.

Request To Clarify That Re-Balancing Eliminates the Requirement for All
Repetitive Inspections

    Rolls-Royce plc requested that we clarify that re-balancing
eliminates the requirement for all repetitive inspections.
    We agree. We changed the AD so that the mandatory terminating
action eliminates the requirements for both on-wing and in-shop
repetitive inspections.

Request for Clarification of Inspections Acceptable for Use

    American Airlines requested that we make it clear that the
inspections required in paragraph 2(f)(1) of the SNPRM are acceptable
for use whether the engine is on-wing (installed on an airplane) or in-
shop, but not during maintenance defined as a shop visit by the AD.
American also recommended that we re-arrange the inspections in
paragraphs (f)(1) and (f)(2) so that they are aligned with on-wing and
off-wing maintenance activities.
    We agree. We clarified the AD by eliminating the headings of ``On-
Wing Inspections'' and ``In-Shop Inspections'' from paragraphs (f)(1),
(f)(2), (g)(1), and (g)(2) of the AD. We also re-numbered the sub-
paragraphs under paragraph (f), to (1), (2) and (3), without sub-
headings. We also re-numbered the sub-paragraphs under paragraph (g) to
(1), (2) and (3), without sub-headings.

Request To Delete the Re-Balance Requirement

    American Airlines requested that in the Mandatory Terminating
Action paragraph (j) of the SNPRM, we delete the requirement to re-
balance the engines in accordance with ASBs No. RB.211-72-AG401 and No.
RB.211-72-AG402. Instead, require inspection of the IP compressor rear
shaft balance land, prohibit re-installation of balance weights on the
IP compressor rear shaft balance land, simplify paragraph (k) to
combine the previous credit inspection paragraphs, and delete the re-
balancing paragraph.
    The commenter stated that removal of the unsafe condition is
accomplished by removal of the IP compressor balance weights from the
rear balance land, which stops the fretting that causes the compressor
rear shaft to crack.

    We partially agree. We agree with eliminating the requirement to
re-balance the engine in accordance with ASBs No. RB.211-72-AG401 and
No. RB.211-72-AG402, and removing the associated previous credit
paragraphs because permanently removing the existing balance weights
from the IP compressor rotor rear shaft balance land eliminates the
unsafe condition. Accordingly, we changed the AD by eliminating the
requirement to re-balance the engine in accordance with ASBs No.
RB.211-72-AG401 and No. RB.211-72-AG402. We do not agree with further
simplifying paragraph (k) because we maintained all of the sub-
paragraphs for paragraph (f) and (g).
    We also added the following Prohibition Statement: ``Once you have
accomplished paragraphs (j)(1) or (j)(2) of this AD, do not re-install
balance weights on the compressor rear shaft balance land.''
    We also deleted previous credit for re-balancing paragraphs
(k)(1)(iii) and (k)(2)(iii) from the AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect about 136 engines installed on
airplanes of U.S. registry. We also estimate that it will take about
3.5 work-hours per engine to perform the on-wing/in-shop visual
inspections, about 2.5 work-hours per engine to perform the in-shop
eddy current inspections, and about 8 work-hours to rebalance the IP
compressor. The average labor rate is $85 per work-hour. Based on these
figures, we estimate the total cost of the AD to U.S. operators to be
$470,696.

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 have 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 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.

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 removing airworthiness directive (AD)
2008-18-08, Amendment 39-15665 (73 FR 52201, September 9, 2008), and
adding the following new AD:

2012-10-12 Rolls-Royce plc: Amendment 39-17061; Docket No. FAA-2007-
28059; Directorate Identifier 2007-NE-13-AD.

(a) Effective Date

    This AD is effective June 29, 2012.

(b) Affected ADs

    This AD supersedes AD 2008-18-08, Amendment 39-15665, (73 FR
52201, September 9, 2008).

(c) Applicability

    This AD applies to Rolls-Royce plc (RR) RB211-Trent 553-61,
553A2-61, 556-61, 556A2-61, 556B-61, 556B2-61, 560-61, 560A2-61,
768-60, 772-60, 772B-60, 875-17, 877-17, 884-17, 884B-17, 892-17,
892B-17, and 895-17 turbofan engines.

(d) Unsafe Condition

    This AD was prompted by additional cracking on RB211-Trent 700
and RB211-Trent 800 IP compressor rotor shafts found since the
existing AD 2008-18-08, Amendment 39-15665, (73 FR 52201, September
9, 2008) was issued. We are issuing this AD to detect cracking on
the IP compressor rotor rear balance land. IP compressor rotor rear
balance land cracking can lead to uncontained failure of the rotor
and damage to the airplane.

(e) Compliance

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

(f) RB211-Trent 700 Series Engines--Rear Balance Land Inspections

    (1) Within 625 cycles-in-service (CIS) after the effective date
of this AD, borescope inspect the IP compressor rotor shaft rear
balance land. Use RB211 Trent 700 Series Propulsion System Non-
Modification Alert Service Bulletin (NMASB) No. RB.211-72-AG270,
Revision 4, dated March 21, 2011, sections 3.A.(2)(a) through
3.A.(2)(c) and 3.A.(3)(a) through 3.A.(3)(c), or 3.B.(2)(a) through
3.B.(2)(c) and 3.B.(4)(a) through 3.B.(4)(c), to do the inspection.
    (2) Thereafter, repeat the inspection within every 625 cycles-
since-last inspection (CSLI). You may count CSLI from the last
borescope inspection or the last eddy current inspection (ECI),
whichever has occurred last.
    (3) At each shop visit after the effective date of this AD,
perform an ECI and visually inspect the IP compressor rotor rear
shaft balance land, and visually inspect the balance weights. Use
RB211 Trent 700 and 800 Series Propulsion Systems NMASB No. RB.211-
72-AG085, Revision 2, dated July 7, 2011, sections 3.A. through
3.D.(3)(b)(v), except paragraphs 3.D.(3)(a)(ii) and 3.D.(3)(b)(iii),
to do the inspections.

(g) RB211-Trent 800 Series Engines--Rear Balance Land Inspections

    (1) Within 475 CIS after the effective date of this AD,
borescope inspect the IP compressor rotor shaft rear balance land.
Use RB211 Trent 800 Series Propulsion System NMASB No. RB.211-72-
AG264, Revision 5, dated March 21, 2011, sections 3.A.(2)(b) through
3.A.(2)(c) and 3.A.(3)(a) through 3.A.(3)(c), or 3.B.(2)(a) through
3.B.(2)(c) and 3.B.(4)(a) through 3.B.(4)(c), to do the inspection.
    (2) Thereafter, repeat the inspection within every 475 CSLI. You
may count CSLI from the last borescope inspection or the last ECI,
whichever has occurred last.
    (3) At each shop visit, perform an ECI and visually inspect the
IP compressor rotor rear shaft balance land, and visually inspect
the balance weights. Use RB211 Trent 700 and 800 Series Propulsion
Systems NMASB No.

RB.211-72-AG085, Revision 2, dated July 7, 2011, sections 3.A.
through 3.D.(3)(b)(v), except paragraphs 3.D.(3)(a)(ii) and
3.D.(3)(b)(iii), to do the inspections.

(h) RB211-Trent 500 Series Engines--In-Shop Rear Balance Land
Inspections

    At each shop visit, perform an ECI of the IP compressor rotor
shaft and visually inspect the balance weights. Use RB211 Trent 500
Series Propulsion System NMASB No. RB.211-72-AF260, Revision 5,
dated July 7, 2011 sections 3.A. through 3.B.(3)(a)(iii) to do the
visual inspection, or RB211 Trent 500 and 900 Series Propulsion
Systems Non-Modification Service Bulletin (NMSB) No. RB.211-72-G448,
Revision 3, dated July 7, 2011 section 3.D.(1) through 3.D.(14) to
do the ECI.

(i) Definition

    For the purposes of this AD, a shop visit is defined as
introduction of an engine into a shop, and disassembly sufficient to
expose the IP compressor module rear face.

(j) Mandatory Terminating Action for RB211-Trent 700 and RB211-Trent
800 Engines

    (1) Perform mandatory terminating action to the in-shop
repetitive inspections in paragraph (f)(2) and (f)(3) of this AD. At
the next shop visit in which any level of inspection or strip is
scheduled to be carried out on the IP compressor, modify RB211-Trent
700 engines by removing the existing IP compressor balance weights.
    (2) Perform mandatory terminating action to the in-shop
repetitive inspections in paragraph (g)(2) and (g)(3) of this AD. At
the next shop visit in which any level of inspection or strip is
scheduled to be carried out on the IP compressor, modify RB211-Trent
800 engines by removing the existing IP compressor balance weights.
    (3) Once you have accomplished paragraph (j)(1) or (j)(2) of
this AD, do not re-install balance weights on the IP compressor rear
shaft balance land.

(k) Credit for Previous Actions

    (1) For RB211-Trent 700 series engines:
    (i) If you borescope inspected your RB211-Trent 700 series
engine using RB211 Trent 700 Series Propulsion System NMASB No.
RB.211-72-AG270, Revision 1, dated December 14, 2009, or Revision 2,
dated December 21, 2010, or Revision 3, dated February 25, 2011,
before the effective date of this AD, you have satisfied the
requirements of paragraph f(1) of this AD.
    (ii) If you performed the ECI and visual inspection of your
RB211-Trent 700 series engines using RB211 Trent 700 and 800 Series
Propulsion Systems NMASB No. RB.211-72-AG085, Revision 1, dated
September 27, 2010, before the effective date of this AD, you have
satisfied the ECI and visual inspections required by paragraph
(f)(3) of this AD.
    (2) For RB211-Trent 800 series engines:
    (i) If you borescope inspected your RB211-Trent 800 series
engine using RB211 Trent 800 Series Propulsion System NMASB No.
RB.211-72-AG264, Revision 3, dated December 21, 2010, or Revision 4,
dated February 25, 2011, before the effective date of this AD, you
have satisfied the requirements of paragraph (g)(1) of this AD.
    (ii) If you performed the ECI and visual inspection of your
RB211-Trent 800 series engines using RB211 Trent 700 and 800 Series
Propulsion Systems NMASB No. RB.211-72-AG085, Revision 1, dated
September 27, 2010, before the effective date of this AD, you have
satisfied the ECI and visual inspections required by paragraph
(g)(3) of this AD.
    (3) For RB211-Trent 500 series engines:
    (i) If you performed the ECI of your RB211-Trent 500 series
engines using RB211 Trent 500 Series Propulsion System NMASB No.
RB.211-72-AF260, Revision 4, dated July 28, 2009, before the
effective date of this AD, you have satisfied the ECIs required by
paragraph (h) of this AD.
    (ii) If you performed the in-shop visual inspection of your
RB211-Trent 500 series engines using RB211 Trent 500 and 900 Series
Propulsion Systems NMSB No. RB.211-72-G448, Revision 2, dated
December 23, 2010, before the effective date of this AD, you have
satisfied the in-shop visual inspections required by paragraph (h)
of this AD.

(l) Alternative Methods of Compliance (AMOCs)

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

(m) Related Information

    (1) For more information about this AD, contact Alan Strom,
Aerospace Engineer, Engine Certification Office, FAA, 12 New England
Executive Park, Burlington, MA; phone:<PHONE_NUMBER>; fax: 781-238-
7199; email<EMAIL_ADDRESS>    (2) European Aviation Safety Agency AD 2011-0221, dated November
14, 2011, also pertains to the subject of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR
part 51 of the following service information.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce plc RB211 Trent 700 Series Propulsion System
Non-Modification Alert Service Bulletin No. RB.211-72-AG270,
Revision 4, dated March 21, 2011.
    (ii) Rolls-Royce plc RB211 Trent 700 and 800 Series Propulsion
Systems Non-Modification Alert Service Bulletin No. RB.211-72-AG085,
Revision 2, dated July 7, 2011.
    (iii) Rolls-Royce plc RB211 Trent 800 Series Propulsion System
Non-Modification Alert Service Bulletin No. RB.211-72-AG264,
Revision 5, dated March 21, 2011.
    (iv) Rolls-Royce plc RB211 Trent 500 Series Propulsion System
Non-Modification Alert Service Bulletin No. RB.211-72-AF260,
Revision 5, dated July 7, 2011.
    (v) Rolls-Royce plc RB211 Trent 500 and 900 Series Propulsion
Systems Non-Modification Service Bulletin No. RB.211-72-G448,
Revision 3, dated July 7, 2011.
    (3) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
245418; or email from http://www.rolls-royce.com/contact/civil_team.jsp.
    (4) You may review copies of the referenced service information
at the FAA, Engine & Propeller Directorate, 12 New England Executive
Park, Burlington, MA 01803. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is IBR at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Burlington, Massachusetts, on May 15, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-12726 Filed 5-24-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Page 49638]
[FR Doc No: 2016-17851]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-91-000]

Southwest Power Pool, Inc.; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On July 21, 2016, the Commission issued an order in Docket No.
EL16-91-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into the justness and
reasonableness of certain aspects of Southwest Power Pool, Inc.'s Open
Access Transmission Tariff. Southwest Power Pool, Inc., 156 FERC ]
61,059 (2016).
    The refund effective date in Docket No. EL16-91-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.

    Dated: July 21, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-17851 Filed 7-27-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Rules and Regulations]
[Page 68541-68543]
[DOCID:fr28de09-25]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0515; FRL-8985-4]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Indiana has requested that EPA approve as revisions to its
State Implementation Plan (SIP) both its continuous emission monitoring
rule and alternative monitoring requirements for Alcoa Power
Generating, Inc.--Warrick Power Plant. The alternative monitoring
requirements allow the use of a particulate matter (PM) continuous
emissions monitoring system (CEMS) in place of a continuous opacity
monitor system (COMS).

DATES: This direct final rule will be effective February 26, 2010,
unless EPA receives adverse comments by January 27, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0515, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0515. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption, and be free
of any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy 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. We recommend that you telephone Matt Rau, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean

EPA. This supplementary information section is arranged as follows:

I. What is the background for this action?
II. What is EPA's analysis of the revision?
III. What are the environmental effects of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    Indiana requested a revision to its SIP that would add both 326
Indiana Administrative Code (IAC) 3-5-1, continuous emissions
monitoring requirements, and an alternative monitoring plan contained
in a Commissioner's Order for a Warrick County source. Indiana
submitted its request on April 25, 2008.
    More specifically, Indiana has requested that EPA approve as a SIP
revision the continuous emissions monitoring requirements in 326 IAC 3-
5-1. Section 1(b) of that regulation addresses the applicability of
these requirements. The rule lists sources that must use continuous
monitoring and what pollutants those sources must monitor. There is a
provision in the rule, 326 IAC 3-5-1(c)(2)(A)(iii), which allows fossil
fuel-fired steam generators that are required to monitor opacity
emissions to monitor PM instead. The alternate monitoring requirement
is allowed when condensed water vapor in the exhaust would not provide
accurate determinations of emissions as a result of interference from
condensed uncombined water vapor. The alternate monitoring plan is not
effective until approved by EPA as a SIP revision. See 326 IAC 3-5-
1(c)(2)(A)(iv).
    Under this mechanism, Indiana has requested approval of an
alternate monitoring plan for Alcoa Power Generating, Inc.-Alcoa
Warrick Power Plant (Alcoa) in Warrick County. Indiana adopted the
alternate monitoring plan on February 11, 2008, in Commissioner's Order
2008-01. This facility has installed a scrubber control
device. The scrubber will add moisture to its exhaust which condenses
as the stream cools. The condensation may cause unreliable readings
from a COMS. A COMS measures opacity optically, so it cannot
distinguish between light impairment caused by particulate and that
caused by moisture. As the scrubber removes particulate, placing the
COMS prior to the exhaust entering the scrubber could also incorrectly
measure Alcoa's emissions.
    Alcoa has requested that it be permitted to use alternative
monitoring, as provided under 326 IAC 5-3-1(c)(2)(A)(iii). It will use
a PM CEMS in place of the COMS. The PM CEMS is placed after the
scrubber to measure the PM emissions emitted from the Alcoa facility.
Proper calibration should allow the PM CEMS to provide accurate
readings, even with moisture from the scrubber in the exhaust stream.
The PM CEMS readings will be used to determine whether Alcoa is in
compliance with its PM emission limits.

II. What is EPA's analysis of the revision?

    The addition of 326 IAC 3-5-1 enhances Indiana's SIP because these
continuous emission monitoring requirements are now applicable to a
number of sources. This includes several source types meeting a size
requirement (e.g., fossil fuel-fired steam generators of greater than
one hundred million British thermal units per hour heat input
capacity). They also apply to facilities in Clark and Floyd Counties
with the potential to emit at least 40 tons of nitrogen oxides
(NOX) per year that are located at sources with the
potential to emit 100 tons per year or more of NOX.
Continuous monitoring is required on fossil-fired power plants,
sulfuric acid plants, petroleum refineries, Portland cement plants,
sewage sludge combustion facilities, and sources producing coke that
meet the conditions in the rule. Section 1(c) of the rule specifies
which pollutants each source type is to monitor. The continuous
monitoring rules include the requirements for alternative monitoring
provisions. EPA approval of the alternative monitoring plan is required
by 326 IAC 5-3-1(c)(2)(A)(iv).
    In the alternative monitoring plan approved by Indiana in
Commissioner's Order 2008-01, Alcoa will monitor PM emissions
in place of opacity. The visible emissions exiting the stack are
primarily composed of PM. Visible emissions observations under 40 CFR
part 60, appendix A, Method 9 are taken in the atmosphere after any
moisture has condensed and left the plume. The COM at Alcoa, however,
reads the opacity in the stack. The addition of a scrubber will remove
pollutants from the exhaust, but will add moisture. This moisture
condenses as the exhaust cools in the stack. This creates a higher
opacity reading from the COM. Installing the COM to read the opacity
before the scrubber would not give an accurate measurement of the
facility's emissions because the COM would not reflect any emission
reductions from the scrubber.
    PM in the plume causes opacity, so PM and opacity readings can be
used as reasonable substitutes for each other. The PM CEMS will be
calibrated to provide accurate measurements even with moisture in the
stack. The PM CEMS provides the particulate emissions from the
facility. Knowing the emissions from the facility, Alcoa will be able
to make adjustments or control device repairs should the emissions rise
too high. This facility will average the PM CEMS data at time intervals
specified in its permits. Alcoa is also required to monitor other
pollutants and their operating parameters. Opacity should remain at
acceptable levels if PM and the other pollutants remain in compliance
of their standards. The alternate monitoring requirement removes the
need to operate the COMS, but does not remove the opacity limits at the
facility. Visible emissions observations in accordance with method 9
can still be made to confirm that the applicable opacity limits are
being met.

III. What are the environmental effects of this action?

    PM interferes with lung function when inhaled. Exposure to PM can
cause heart and lung disease. Particulate matter also aggravates
asthma. Airborne particulate is the main source of haze that causes a
reduction in visibility. It also is deposited on the ground and in the
water. This harms the environment by changing the nutrient and chemical
balance.
    This action only changes the monitoring requirements for Alcoa. All
of the SIP emission limits remain in place.

IV. What action is EPA taking?

    EPA is approving the addition of 326 IAC 3-5-1, continuous
emissions monitoring requirements, and an alternative monitoring
request in Indiana Commissioner's Order 2008-01 for a Warrick
County source, Alcoa Power Generating, Inc. The rule adds continuous
monitoring requirements to specified source types. Alcoa will operate a
PM CEMS instead of a COMS. This is acceptable because moisture in the
facility's exhaust stream could cause inaccurate opacity readings from
a COMS. The continuous monitoring of particulate emissions is a
reasonable substitute for continuous opacity monitoring in this case.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective February 26,
2010 without further notice unless we receive relevant

adverse written comments by January 27, 2010. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on the proposed action. The EPA will not institute a
second comment period. Any parties interested in commenting on this
action should do so at this time. If we do not receive any comments,
this action will be effective February 26, 2010.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 26, 2010. 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, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: November 13, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart P--Indiana

0
2. Section 52.770 is amended by adding paragraph (c)(192) to read as
follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (192) On April 25, 2008, Indiana submitted regulations that
incorporate its continuous emission monitoring requirements into its
SIP. Indiana also submitted Commissioner's Orders that provide an
alternative monitoring plan for a Warrick County source. The
alternative monitoring requirements allow the use of a particulate
matter continuous emissions monitoring system in place of a continuous
opacity monitor.
    (i) Incorporation by reference. (A) Indiana Administrative Code
Title 326: Air Pollution Control Board, Article 3: Monitoring
Requirements, Rule 5: Continuous Monitoring of Emissions, Section 1:
Applicability; monitoring requirements for applicable pollutants. Filed
with the Secretary of State on January 30, 1998, and effective on March
1, 1998. Published in 21 Indiana Register 2062-2079 on March 1, 1998.
(B) Commissioner's Order 2008-01 as issued by the Indiana
Department of Environmental Management on February 11, 2008.

[FR Doc. E9-30406 Filed 12-24-09; 8:45 am]

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[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60849-60850]
[FR Doc No: 2018-25769]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2018-0229; FRL-9985-08-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Monthly Progress Reports (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Monthly Progress Reports (EPA ICR
Number 1039.15, OMB Control Number 2030-0005) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through December 31, 2018. Public comments
were previously requested via the Federal Register on June 13, 2018,
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before December 27,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OARM-2018-0229, to (1) EPA online using www.regulations.gov (our
preferred method), by email to [email protected], or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
[email protected]. Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Thomas Valentino, Policy, Training and
Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200

Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-4522; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Appropriate Government surveillance of contractor
performance is required to give reasonable assurance that efficient
methods and effective cost controls are being used for various cost-
reimbursable and fixed-rate contracts. Per 48 CFR 1552.211 regulations,
on a monthly basis the Agency requires contractors to provide the
Contracting Officer's Representative (COR) with a report detailing: (a)
What was accomplished on the contract for that period; (b) expenditures
for the same period of time; and (c) what is expected to be
accomplished on the contract for the next month. Responses to the
information collection are mandatory for contractors and are required
for the contractors to receive monthly payments.
    Form numbers: None.
    Respondents/affected entities: Private sector.
    Respondent's obligation to respond: Mandatory per 48 CFR 1552.211.
    Estimated number of respondents: 337 (total).
    Frequency of response: Monthly.
    Total estimated burden: 97,056 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $9,074,736 (per year), includes $50,550
annualized capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of 19,650 hours
(97,056-77,406) in the total estimated respondent burden compared with
the ICR currently approved by OMB because there are approximately 337
contracts and orders requiring response in 2018 instead of only 266 in
2014. This figure has increased to 337 due in part to shorter-value and
shorter-length contracts being awarded due to budget uncertainty; e.g.,
continuing funding resolutions, sequestration budget cuts.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-25769 Filed 11-26-18; 8:45 am]
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