[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Proposed Rules]
[Pages 22939-22943]
[FR Doc No: 2015-09288]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0831; Directorate Identifier 2014-NM-061-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This proposed
AD was prompted by a report of a rupture of a main landing gear (MLG)
sliding tube axle. This proposed AD would require an inspection to
identify the part number and serial number of the MLG sliding tubes
installed on the airplane; and an inspection of the axle on certain MLG
sliding tubes for burned areas, and replacement of the sliding tube if
necessary. We are proposing this AD to detect and correct cracks in the
axle and (partial) detachment of the axle and wheel from the sliding
tube, which could result in failure of an MLG.

DATES: We must receive comments on this proposed AD by June 8, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Airbus service information identified in this proposed AD,
contact Airbus, Airworthiness Office--EIAS, 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.
    For Messier-Bugatti-Dowty service information identified in this
proposed AD, contact Messier Services Americas, Customer Support
Center, 45360 Severn Way, Sterling, VA 20166-8910; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; Internet: https://techpubs.services/messier-dowty.com.
    You may view this referenced 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 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0831; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, 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:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0831;
Directorate Identifier 2014-NM-061-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0058, dated March 11, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, A320, and A321 series airplanes. The MCAI states:

    A main landing gear (MLG) sliding tube axle rupture occurred in
service. Investigation of the affected part showed that this failure
was due to an abnormal grinding operation during overhaul by a
certain maintenance and repair organisation located in Singapore. A
population of MLG sliding tubes was subsequently identified whose
axles may have been subject to this grinding operation, which may
have resulted in areas of residual stress on the axles on the MLG
sliding tubes. In addition, the MSN [manufacturer serial number] of
the aeroplanes which are known to have had the affected parts
installed have been identified.
    This condition, if not detected and corrected, could lead to
cracks in the axle and (partial) detachment of axle and wheel from
the sliding tube, possibly resulting in failure of a MLG with
consequent damage to the aeroplane and injury to occupants.
    To address this potential unsafe condition, Messier-Bugatti-
Dowty, the MLG gear manufacturer, issued Service Bulletin (SB) 200-
32-313 and SB 201-32-62 [both dated February 25, 2013], providing
inspection instructions and criteria for removal from service of the
affected MLG sliding tubes.
    For the reasons described above, this [EASA] AD requires a one-
time Special Detailed Inspection (SDI) of the axle on the affected
MLG sliding tubes and, depending on findings, replacement of the MLG
sliding tube.

The SDI includes a detailed visual inspection of the chromium plate for
damage, and a Barkhausen noise inspection of the sliding tube axles for
burned areas. You may examine the MCAI in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket No.
FAA-2015-0831.

Related Service Information Under 1 CFR part 51

    Airbus has issued Service Bulletin A320-32-1416, including Appendix
01, dated March 10, 2014 (for Model A319, A320, and A321 series
airplanes). This service bulletin describes procedures for inspection
of the MLG sliding tube axles, and replacement if necessary.
    Messier-Bugatti-Dowty has issued Service Bulletin 200-32-313,
including Appendices A, B, and C, dated February 25, 2013 (for Model
A318, A319, and A320 series airplanes); and Service Bulletin 201-32-62,
including Appendices A, B, and C, dated February 25, 2013 (for Model
A321 series airplanes). These service bulletins describe procedures for
inspection of the MLG axles and brake flanges, and replacement if
necessary.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI. This service
information is reasonably available; see ADDRESSES for ways to access
this service information.

FAA's Determination and Requirements of This Proposed AD

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

Explanation of ``RC'' Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which procedures and tests in the service information are
required for compliance with an AD. Differentiating these procedures
and tests from other tasks in the service information is expected to
improve an

owner's/operator's understanding of crucial AD requirements and help
provide consistent judgment in AD compliance. The procedures and tests
identified as RC (required for compliance) in any service information
have a direct effect on detecting, preventing, resolving, or
eliminating an identified unsafe condition.
    As specified in a NOTE under the Accomplishment Instructions of the
specified service information, procedures and tests that are identified
as RC in any service information must be done to comply with the
proposed AD. However, procedures and tests that are not identified as
RC are recommended. Those procedures and tests that are not identified
as RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an alternative method of compliance (AMOC), provided the
procedures and tests identified as RC can be done and the airplane can
be put back in a serviceable condition. Any substitutions or changes to
procedures or tests identified as RC will require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 3 airplanes of U.S.
registry.
    We also estimate that it would take about 18 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $4,590, or $1,530
per product.
    In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours, for a cost of $255 per product. We have
received no definitive data that would enable us to provide part cost
estimates for the on-condition actions specified in this proposed AD.
We have no way of determining the number of aircraft that might need
these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2015-0831; Directorate Identifier 2014-NM-
061-AD.

(a) Comments Due Date

    We must receive comments by June 8, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report of a rupture of a main landing
gear (MLG) sliding tube axle. We are issuing this AD to detect and
correct cracks in the axle and (partial) detachment of the axle and
wheel from the sliding tube, which could result in failure of an
MLG.

 (f) Compliance

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

(g) MLG Sliding Tube Part Number and Serial Number Identification

    Within 3 months after the effective date of this AD: Do an
inspection to identify the part number and serial number of the MLG
sliding tubes installed on the airplane. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number and serial number of the MLG sliding tubes can be
conclusively determined from that review.

(h) Identification of Airplanes Not Affected by the Requirements of
Paragraph (i) of This AD

    An airplane with a manufacturer serial number (MSN) not listed
in figure 1 to paragraph (h) of this AD is not affected by the
requirements of paragraph (i) of this AD, provided it can be
determined that no MLG sliding tube having a part number and serial
number listed in table 1 to paragraphs (h), (i), (k)(1), (k)(2),
(l)(1), and (l)(2) of this AD has been installed on that airplane
since first flight of the airplane.

                  Figure 1 to Paragraph (h) of This AD
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                    Affected airplanes listed by MSN
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     0179         0214        0296        0412        0558        0604

     0607         0668        0704        0720        0726        0731
     0754         0771        0799        0828        0841        0855
     0909         0914        0925        0939        0986        1028
     1030         1041        1070        1083        1093        1098
     1108         1148        1294        1356        2713        2831
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  Table 1 to Paragraphs (h), (i), (k)(1), (k)(2), (l)(1), and (l)(2) of
                   This AD--Affected MLG Sliding Tubes
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                 Part No.                            Serial No.
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201160302.................................  78B.
201160302.................................  1016B11.
201160302.................................  1144B.
201371302.................................  B4493.
201371302.................................  B4513.
201371302.................................  SS4359.
201371302.................................  B4530.
201371302.................................  B4517.
201371302.................................  B4568.
201371302.................................  B4498.
201371302.................................  4490B.
201371302.................................  B202-4598.
201371302.................................  B165-4623.
201371302.................................  B244-4766.
201371302.................................  B267-4794.
201371302.................................  B272-4813.
201160302.................................  1108B.
201371304.................................  B041-4871.
201371304.................................  B045-4869.
201371304.................................  B001-4781.
201371304.................................  B051-4892.
201371304.................................  B110-1952.
201371304.................................  B054-4891.
201371304.................................  B063-4921.
201371304.................................  B071-4911.
201371304.................................  B071-4917.
201371304.................................  B080-1933.
201371304.................................  B117-5010.
201371304.................................  B120-4989.
201371304.................................  B132-2023.
201371304.................................  B114-1956.
201371304.................................  B208-2009.
201371304.................................  B133-1947.
201371304.................................  B154-5037.
201371304.................................  B89 4952.
201371304.................................  B129-1964.
201371304.................................  B227-2010.
201371304.................................  B170-5031.
201371304.................................  B182-5047.
201371304.................................  B239-2053.
201371304.................................  B1401-2856.
201371304.................................  B1813-3142.
201371304.................................  B116-5004.
201522353.................................  B011-149.
201522350.................................  B014-25.
201522350.................................  B019-56.
201522350.................................  B019-57.
201522350.................................  B021-69.
201522350.................................  B022-60.
201522353.................................  B03-111.
201522353.................................  B03-110.
201522353.................................  B112-317.
201522353.................................  B174-351.
201522353.................................  B179-392.
201383350.................................  4377B.
201383350.................................  4393B.
201383350.................................  B1831.
201383350.................................  B1832.
201383350.................................  SS4355B.
201383350.................................  SS4400B.
------------------------------------------------------------------------

(i) Inspections

    For each MLG sliding tube, identified as required by paragraph
(g) of this AD, having a part number and serial number listed in
table 1 to paragraphs (h), (i), (k)(1), (k)(2), (l)(1), and (l)(2)
of this AD: Within 3 months after the effective date of this AD,
inspect each affected MLG axle and brake flange by doing a detailed
visual inspection of the chromium plate for damage, and a Barkhausen
noise inspection of the sliding tube axles for burned areas, in
accordance with the Accomplishment Instructions of Messier-Bugatti-
Dowty Service Bulletin 200-32-313, including Appendices A, B, and C,
dated February 25, 2013 (for Model A318, A319, and A320 series
airplanes); or Messier-Bugatti-Dowty Service Bulletin 201-32-62,
including Appendices A, B, and C, dated February 25, 2013 (for Model
A321 series airplanes); or Airbus Service Bulletin A320-32-1416,
including Appendix 01, dated March 10, 2014 (for Model A319, A320,
and A321 series airplanes).

(j) Corrective Action

    If, during any inspection required by paragraph (i) of this AD,
any damage is detected: Before further flight, replace the MLG
sliding tube with a serviceable tube, in accordance with the
Accomplishment Instructions of Messier-Bugatti-Dowty Service
Bulletin 200-32-313, including Appendices A, B, and C, dated
February 25, 2013 (for Model A318, A319, and A320 series airplanes);
or Messier-Bugatti-Dowty Service Bulletin 201-32-62, including
Appendices A, B, and C, dated February 25, 2013 (for Model A321
series airplanes); or Airbus Service Bulletin A320-32-1416,
including Appendix 01, dated March 10, 2014 (for Model A319, A320,
and A321 series airplanes).

(k) Definition of Serviceable Sliding Tube

    For the purpose of this AD, a serviceable sliding tube is
defined in paragraphs (k)(1) and (k)(2) of this AD.
    (1) A sliding tube having a part number and serial number not
listed in table 1 to paragraphs (h), (i), (k)(1), (k)(2), (l)(1),
and (l)(2) of this AD.
    (2) A sliding tube having a part number and serial number listed
in table 1 to paragraphs (h), (i), (k)(1), (k)(2), (l)(1), and
(l)(2) of this AD that has passed the inspections required by
paragraph (i) of this AD.

(l) Parts Installation Prohibitions

    (1) For airplanes that have an MLG sliding tube installed that
has a part number and serial number listed in table 1 to paragraphs
(h), (i), (k)(1), (k)(2), (l)(1), and (l)(2) of this AD: After an
airplane is returned to service following accomplishment of the
actions required by paragraphs (g), (h), and (i) of this AD, no
person may install on any airplane an MLG sliding tube having a part
number and serial number listed in table 1 to paragraphs (h), (i),
(k)(1), (k)(2), (l)(1), and (l)(2) of this AD.
    (2) For airplanes that, as of the effective date of this AD, do
not have an MLG sliding tube installed that has a part number and
serial number listed in table 1 to paragraphs (h), (i), (k)(1),
(k)(2), (l)(1), and (l)(2) of this AD: No person may install on any
airplane an MLG sliding tube having a part number and serial number
listed in table 1 to paragraphs (h), (i), (k)(1), (k)(2), (l)(1),
and (l)(2) of this AD.

(m) 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: Sanjay
Ralhan, 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) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in a serviceable
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
    (3) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by

the DOA, the approval must include the DOA-authorized signature.

(n) Special Flight Permits

    Special flight permits may be issued in accordance with sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate the airplane to a location where the airplane
can be modified (if the operator elects to do so), provided the MLG
remains extended throughout the flight.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2014-0058, dated March 11, 2014, for related information.
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-0831.
    (2) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 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. (3) For Messier-Bugatti-Dowty
service information identified in this AD, contact Messier Services
Americas, Customer Support Center, 45360 Severn Way, Sterling, VA
20166 8910; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet:
https://techpubs.services/messier-dowty.com.
    (4) You may view this 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
425-227-1221.

    Issued in Renton, Washington, on April 9, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-09288 Filed 4-23-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Page 23352]
[FR Doc No: 2014-09575]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9910-07-OSWER]

Santa Fe Springs Drums Site, Santa Fe Springs, CA; Notice of
Proposed CERCLA Settlement Agreement for Recovery of Past Response
Costs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as
amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a
proposed administrative settlement with two parties for recovery of
response costs concerning the Santa Fe Springs Drums Superfund Site in
Santa Fe Springs, California. The settlement is entered into pursuant
to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and it requires
the settling parties to pay $90,000 to the United States Environmental
Protection Agency (Agency). The settlement includes a covenant not to
sue the settling parties pursuant to Sections 106 or 107(a) of CERCLA,
42 U.S.C. 9606 or 9607(a). For thirty (30) days following the date of
publication of this Notice in the Federal Register, the Agency will
receive written comments relating to the settlement. The Agency will
consider all comments received and may modify or withdraw its consent
to the settlement if comments received disclose facts or considerations
which indicate the proposed settlement is inappropriate, improper, or
inadequate. The Agency's response to any comments received will be
available for public inspection at 75 Hawthorne Street, San Francisco,
CA 94105.

DATES: Pursuant to Section 122(i) of CERCLA, EPA will receive written
comments relating to this proposed settlement until May 28, 2014.

ADDRESSES: The proposed settlement is available for public inspection
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. A
copy of the proposed settlement may be obtained from Thanne Berg, EPA
Region IX, 75 Hawthorne Street, ORC-3, San Francisco, CA 94105,
telephone number<PHONE_NUMBER>. Comments should reference the Santa Fe
Springs Drums Superfund Site, Santa Fe Springs, California and should
be addressed to Thanne Berg at the above address.

FOR FURTHER INFORMATION CONTACT: Thanne Berg, Assistant Regional
Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105; phone:<PHONE_NUMBER>; fax:
(417) 947-3570; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Parties to the Proposed Settlement: Cindy
Lee Bosshard and the Richard P. Harbaugh Living Trust UTD October 21,
2005.

    Dated: April 16, 2014.
Enrique Manzanilla,
Director, Superfund Division, U.S. EPA, Region IX.
[FR Doc. 2014-09575 Filed 4-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Notices]
[Page 68150]
[FR Doc No: 2022-24711]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 298-000]

Southern California Edison Company; Notice of Authorization for
Continued Project Operation

    The license for the Kaweah Hydroelectric Project No. 298 was issued
for a period ending December 31, 2021.
    Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the
Commission, at the expiration of a license term, to issue from year-to-
year an annual license to the then licensee(s) under the terms and
conditions of the prior license until a new license is issued, or the
project is otherwise disposed of as provided in section 15 or any other
applicable section of the FPA. If the project's prior license waived
the applicability of section 15 of the FPA, then, based on section 9(b)
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth
at 18 CFR 16.21(a), if the licensee of such project has filed an
application for a subsequent license, the licensee may continue to
operate the project in accordance with the terms and conditions of the
license after the minor or minor part license expires, until the
Commission acts on its application. If the licensee of such a project
has not filed an application for a subsequent license, then it may be
required, pursuant to 18 CFR 16.21(b), to continue project operations
until the Commission issues someone else a license for the project or
otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 298 is issued to
the Southern California Edison Company for a period effective January
1, 2022, through December 31, 2022, or until the issuance of a new
license for the project or other disposition under the FPA, whichever
comes first. If issuance of a new license (or other disposition) does
not take place on or before December 31, 2022, notice is hereby given
that, pursuant to 18 CFR 16.18(c), an annual license under section
15(a)(1) of the FPA is renewed automatically without further order or
notice by the Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the Southern California Edison Company is authorized
to continue operation of the Kaweah Hydroelectric Project under the
terms and conditions of the prior license until the issuance of a new
license for the project or other disposition under the FPA, whichever
comes first.

    Dated: November 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-24711 Filed 11-10-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]
[Page 63827-63830]
[DOCID:fr18oc10-56]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9214-5; Docket ID No. EPA-HQ-ORD-2010-0744]

Integrated Risk Information System (IRIS); Request for Chemical
Substance Nominations for 2011 Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for chemical substance nominations for the IRIS 2011
Program.

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

SUMMARY: EPA's IRIS is a human health assessment program that evaluates
quantitative and qualitative risk information on effects that may
result from exposure to specific chemical substances found in the
environment. EPA is soliciting public nominations for chemical
substances for its 2011 agenda. EPA invites the public to submit
nominations for substances to be considered for an assessment or
reassessment in its IRIS Program in accordance with the instructions
provided at the end of this notice.

DATES: Nominations must be submitted within 60 days of the publication
of this notice. The 60-day period begins October 18, 2010, and ends
December 17, 2010.

ADDRESSES: Nominations may be submitted electronically via http://
www.regulations.gov, by e-mail, by mail, by facsimile, or by hand
delivery/courier. Please follow the detailed instructions provided in
the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the IRIS Program,
contact Abdel Kadry, PhD, Program Director, National Center for
Environmental Assessment (mail code 8601PY), Office of Research and
Development, U.S. Environmental Protection Agency, Washington, DC
20460; or send electronic mail inquiries to<EMAIL_ADDRESS>For
general questions about access to IRIS or the content of IRIS, please
call the IRIS Hotline at<PHONE_NUMBER> or send electronic mail
inquiries to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    EPA's IRIS is a human health assessment program that evaluates
quantitative and qualitative risk information on effects that may
result from exposure to specific chemical substances found in the
environment. Through the IRIS Program, EPA provides the highest quality
science-based human health assessments to support the Agency's
regulatory activities. The IRIS database contains information for more
than 540 chemical substances that can be used to support the first two
steps (hazard identification and dose-response evaluation) of the risk
assessment process. When supported by available data, IRIS provides
oral reference doses (RfDs) and inhalation reference concentrations
(RfCs) for chronic noncancer health effects, as well as assessments of
potential carcinogenic effects resulting from chronic exposure.
Combined with specific exposure information, government and private
entities use IRIS to help characterize public health risks of chemical
substances in site-specific situations and thereby support risk
management decisions designed to protect public health.
    From FY2008 to the present, the following IRIS assessments were
completed and posted on the IRIS database:

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

------------------------------------------------------------------------
acrylamide........................  79-06-1
bromobenzene......................  108-86-1
carbon tetrachloride..............   56-23-5
cerium oxide and cerium compounds.  1306-38-3
chlordecone (kepone)..............  143-50-0
chloroprene.......................  126-99-8
decabromodiphenyl ether...........  1163-19-5
cis-1,2-dichloroethylene..........  156-59-2
trans-1,2-dichloroethylene........  156-60-5
1,4-dioxane (oral)................  123-91-1
ethylene glycol monobutyl ether     111-76-2
 (EGBE).
hexabromodiphenyl ether...........  68631-49-2
2-hexanone........................   591-78-6
hydrogen cyanide..................  74-90-8
nitrobenzene......................  98-95-3
pentabromodiphenyl ether..........  60348-60-9
pentachlorophenol.................  87-86-5
propionaldehyde...................  123-38-6
tetrabromodiphenyl ether..........  5436-43-1
1,1,2,2-tetrachloroethane.........  79-34-5
thallium..........................  7440-28-0
1,2,3-trichloropropane............  96-18-4
------------------------------------------------------------------------

    The assessments listed below are currently on the IRIS agenda. The
status and planned milestone dates can be found on the IRIS track
system, accessible on the IRIS Web site (http://www.epa.gov/iris). All
cancer and noncancer health endpoints due to chronic exposure are being
assessed unless otherwise noted. Not all of the assessments on the IRIS
agenda have been started, but most are in the various review steps of
the IRIS process. The remainder will start draft development as
resources become available.

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

------------------------------------------------------------------------
acetaldehyde......................  75-07-0
acrylonitrile.....................  107-13-1
alkylates.........................  various
ammonia...........................  7664-41-7
tert-amyl methyl ether (TAME).....  994-05-8
antimony..........................  7440-36-0
arsenic, inorganic (cancer).......  7440-38-2
arsenic, inorganic (noncancer)....  7440-38-2
benzo(a)pyrene....................  50-32-8
beryllium (cancer)................  7440-41-7
biphenyl..........................  92-52-4
bisphenol A.......................  80-05-7
n-butanol.........................  71-36-3
tert-butanol......................  75-65-0
butyl benzyl phthalate............  85-68-7
cadmium...........................  7440-43-9
carbonyl sulfide..................  463-58-1
chloroethane......................  75-00-3
chloroform........................  67-66-3
chromium VI.......................  18540-29-9
cobalt............................  7440-48-4

copper............................  7440-50-8
di-n-butyl phthalate..............  84-74-2
1,2-dichlorobenzene...............  95-50-1
1,3-dichlorobenzene...............  541-73-1
1,4-dichlorobenzene...............  106-46-7
1,2-dichloroethane (ethylene        107-06-2
 dichloride).
dichloromethane (methylene          75-09-2
 chloride).
diethyl phthalate.................  84-66-2
di(2-ethylhexyl)adipate...........  103-23-1
di(2-ethylhexyl) phthalate........  117-81-7
diisobutyl phthalate..............  84-69-5
diisononyl phthalate..............  58033-90-2
diisopropyl ether (DIPE)..........  108-20-3
4,4'-dimethyl-3-oxahexane (TAEE)..  919-94-8
1,4-dioxane (inhalation)..........  123-91-1
dipentyl phthalate................  131-18-0
ethanol...........................  64-17-5
ethyl tertiary butyl ether (ETBE).  637-92-3
ethylbenzene......................  100-41-4
ethylene oxide (cancer)...........  75-21-8
formaldehyde......................  50-00-0
hexabromocyclododecane (mixed       3194-55-6, 25637-99-5
 stereoisomers).
hexachlorobutadiene...............  87-68-3
hexachloroethane..................  67-72-1
hexahydro-1,3,5-trinitro-triazine   121-82-4
 (RDX).
isopropanol.......................  67-63-0
Libby amphibole asbestos..........  1332-21-4
manganese.........................  7439-9
methanol..........................  l67-56-1
methyl tert-butyl ether (MTBE)....  1634-04-4
mirex.............................  2385-85-5
naphthalene.......................  91-20-3
nickel (soluble salts)............  various
halogenated platinum salts and      various
 platinum compounds.
polychlorinated biphenyls (PCBs)    various
 (noncancer).
polycyclic aromatic hydrocarbon     various
 (PAH) mixtures.
refractory ceramic fibers.........  not applicable
styrene...........................  100-42-5
2,3,7,8-tetrachlorodibenzo-p-       1746-01-6, various
 dioxin and related compounds.
tetrachloroethylene                 127-18-4
 (perchloroethylene).
tetrahydrofuran...................  109-99-9
trichloroacetic acid..............  76-03-9
trichloroethylene.................  79-01-6
1,2,4-trimethylbenzene............  95-63-6
1,3,5-trimethylbenzene............  108-67-8
tungsten and related compounds....  7440-33-7, various
urea..............................  57-13-6
uranium (natural).................  7440-61-1
vanadium pentoxide................  1314-62-1
vinyl acetate.....................  108-05-4
------------------------------------------------------------------------

    The alkylates, listed above, are a distillation fraction of
petroleum and are present in gasoline. Common alkylates found in
gasoline for which IRIS assessments have not been recently completed
include n-heptane, methylcyclohexane, 2-methylbutane, 2-methylpentane,
3-methylpentane, n-octane, 2,3,3-trimethylpentane, 2,3,4-
trimethylpentane, and 2,2,5-trimethylhexane. EPA will evaluate the
feasibility of conducting an assessment of alkylates, the approach to
be taken in the assessment, and the identities of the compounds that
will be assessed.
    The following phthalates have been added to the IRIS agenda:
Diisobutyl phthalate, diisononyl phthalate, and dipentyl phthalate.
These additions to the IRIS agenda are in response to recommendations
made by the National Academy of Sciences in the report, ``Phthalates
and Cumulative Risk Assessment--The Tasks Ahead'' (NAS, 2008).
    Perfluorooctanoic acid--ammonium salt (PFOA) and perfluorooctane
sulfonate--potassium salt (PFOS) have been withdrawn from the IRIS
agenda. In December 2009, EPA published the ``Long-Chain Perfluorinated
Chemicals (PFCs) Action Plan Summary'' (http://www.epa.gov/opptintr/
existingchemicals/pubs/actionplans/pfcs.html), part of EPA
Administrator Lisa Jackson's comprehensive approach to enhance the
Agency's current chemicals management program under the Toxic
Substances Control Act. PFOA and PFOS are included in the Agency's
action plan for this class of chemicals. The listing of asbestos in the
IRIS agenda has been revised to specify Libby amphibole asbestos. EPA
is focusing on the Libby amphibole in order to respond to needs of the
Agency and the Libby community. The assessment for weathered toxaphene
has been withdrawn because of lack of data to support an IRIS
assessment.
    Today's notice invites voluntary public nominations for chemical
substances not already listed in this notice. Today's notice also
invites comments on assessments on the current IRIS agenda. To nominate
a substance, please complete the form below and submit it to EPA by one
of the methods detailed below. A fill-and-print version of this form
can be found on the IRIS Web site, http://www.epa.gov/iris, under IRIS
Agenda. Nominations and comments are most

useful if they identify the nominator (including full name, title,
affiliation, mailing address, e-mail address, and telephone number) and
provide information on the criteria EPA uses to evaluate the priority
of the chemicals:
Identification of nominator:
Nominator's name:
Title:
Affiliation:
Telephone No.:
Address:
e-mail address:
Chemical Substance Name:
Common Synonym(s), if any:
CAS No.:

Information for Prioritizing Nominations

    1. What is the potential public health impact for this chemical?
    2. Is this assessment needed to fulfill a chemical-specific EPA
mandate or program need (e.g., statutory, regulatory, or court-ordered
deadline)? Please describe the mandate or program need. When is the
assessment needed?
    3. Is this assessment a priority for stakeholders outside of EPA
(e.g., states, tribes, local governments, environmental organizations,
industries, or other IRIS users)? Why is it a priority?
    4. Are you aware of other assessments of this substance that may be
available to EPA (e.g., an EPA program has assessed this substance, but
it has not received Agency-wide IRIS review, a state or other federal
agency has an assessment, or another government or private organization
has assessed this substance)? If possible, please provide specific
information to allow EPA to locate and obtain the assessment.
    5. For substances being nominated for IRIS reassessment, what, if
any, significant new scientific data or risk assessment methodology is
available that you believe would be likely to appreciably change the
existing IRIS assessment? Please provide specific citations and other
information that would allow EPA to locate and obtain the papers or
data.
    6. Are you aware of other factors that would make this substance a
priority for IRIS assessment (e.g., widespread exposure, expected
toxicity, or potentially susceptible populations)?

II. How To Submit Nominations and Comments to the Docket at http://
www.regulations.gov

--http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
--E-Mail<EMAIL_ADDRESS>--Hand Delivery: The OEI Docket is located in the EPA Headquarters
Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Eastern Standard Time, Monday through
Friday, excluding federal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. Consult EPA's Web site at
http://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers.
    Instructions: Direct your nominations to Docket ID No. EPA-HQ-ORD-
2010-0744. Please ensure that your comments are submitted within the
specified nomination period. Nominations received after the closing
date will be marked ``late,'' and may be considered only if time
permits. It is EPA's policy to include all comments it receives in the
public docket without change and to make the comments available online
at http://www.regulations.gov, including any personal information
provided, unless comments include 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 comments. If you send e-mail comments directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comments that are
placed in the public docket and made available on the Internet. If you
submit electronic comments, EPA recommends that you include your name
and other contact information in the body of your comments and with any
disk or CD-ROM you submit. If EPA cannot read your comments due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comments. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://
www.epa.gov/epahome/dockets.htm.
    Docket: 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 materials,
such as copyrighted material, are 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 OEI Docket in the
EPA Headquarters Docket Center.

    Dated: October 12, 2010.
Darrell Winner,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-26159 Filed 10-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Pages 34619-34620]
[FR Doc No: 2020-12231]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-218-000]

Equitrans, L.P.; Notice of Request for Extension of Time

    Take notice that on May 22, 2020, Equitrans, L.P. (Equitrans)
requested that the Federal Energy Regulatory Commission (Commission)
grant an extension of time, until March 31, 2021, to construct and
place into service its TP-4555 Bare Pipe Replacement Project (Project)
located in Westmoreland County, Pennsylvania. authorized on July 3,
2019. The Project will enable abandonment of approximately 3.85 miles
of 20-inch-diameter pipeline on the TP-4555 pipeline, replacing it with
a newly constructed approximately 3.92 miles of 20-inch-diameter
pipeline.
    Equitrans was initially required to construct the facilities and
place them into service by July 3, 2020. Equitrans now requests a nine-
month extension of this deadline through March 31, 2021. Equitrans
states that due to delays in receiving the required Pennsylvania
Department of Environmental Protection permits, Equitrans was unable to
begin construction until May 12, 2020. Accordingly, Equitrans proposes
a new construction schedule, deferring the projected in-service date
for the facilities to no later than March 31, 2021.
    This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Equitrans request may
do so. No reply comments or answers will be considered If you wish to
obtain legal status by becoming a party to the proceedings for this
request, you should, on or before the comment date stated below, file a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211)

and the Regulations under the Natural Gas Act (18 CFR 157.10). \1\
---------------------------------------------------------------------------

    \1\ Only motions to intervene from entities that were party to
the underlying proceeding will be accepted. Algonquin Gas
Transmission, LLC, 170 FERC 61,144, at P 39 (2020).
---------------------------------------------------------------------------

    As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for Natural
Gas Act facilities when such requests are contested before order
issuance. For those extension requests that are contested,\2\ the
Commission will aim to issue an order acting on the request within 45
days.\3\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\4\ The Commission will not consider arguments that re-
litigate the issuance of the certificate order, including whether the
Commission properly found the project to be in the public convenience
and necessity and whether the Commission's environmental analysis for
the certificate complied with the National Environmental Policy Act.\5\
At the time a pipeline requests an extension of time, orders on
certificates of public convenience and necessity are final and the
Commission will not re-litigate their issuance.\6\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
---------------------------------------------------------------------------

    \2\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \3\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40
(2020).
    \4\ Id. at P 40.
    \5\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
    \6\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40
(2020).
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, The Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the eLibrary link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
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 three copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on June 16, 2020.

    Dated: June 1, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-12231 Filed 6-4-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57766]
[DOCID:fr22se10-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP10-496-000]

Notice of Petition To Amend Authorizations Under Section 3 of the
Natural Gas Act; Cameron LNG, LLC

September 15, 2010.
    Take notice that on September 3, 2010, Cameron LNG, LLC (Cameron),
101 Ash Street, San Diego, California 92101, filed a petition to amend
the authorizations issued September 11, 2003, in Docket No. CP02-378-
000 under section 3 of the Natural Gas Act operate its existing
liquefied natural gas (LNG) terminal facility located in Cameron
Parish, Louisiana, for the additional purpose of exporting foreign-
sourced LNG. This filing is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>; or for TTY,
contact<PHONE_NUMBER>.
    Direct any initial questions regarding Cameron's proposal in this
petition to William D. Rapp, Counsel for Cameron LNG, LLC, 101 Ash
Street, San Diego, California 92101, phone<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    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 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. We will place environmental
commenters on the Commission's environmental mailing list, send
commenters copies of the environmental documents and notification of
meetings associated with the Commission's environmental review process.
We will not require environmental commenters to serve copies of filed
documents on all other parties. However, we will not send copies of all
documents filed by other parties or issued by the Commission (except
for the mailing of environmental documents issued by the Commission) to
the non-party commenters, and they will not have the right to seek
court review of the Commission's final order.
    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 the
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    Comment Date: October 7, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23628 Filed 9-21-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Rules and Regulations]
[Pages 51930-51933]
[FR Doc No: 2012-21046]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0391; FRL-9719-4]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Attainment Plan for the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware 1997 Fine Particulate Matter
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania on April 12, 2010, as
amended on August 3, 2012. The SIP revision demonstrates attainment of
the 1997 annual fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS) for the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area
(Philadelphia Area). This Pennsylvania SIP revision (herein called the
``attainment plan'') includes the Philadelphia Area's attainment
demonstration and the motor vehicle emission budgets (MVEBs) used for
transportation conformity purposes in Bucks, Chester, Delaware,
Montgomery and Philadelphia Counties in Pennsylvania. The attainment
plan also includes a base year emissions inventory and contingency
measures. On August 3, 2012, Pennsylvania withdrew the analysis of
reasonably available control measures and reasonably available control
technology (RACM/RACT) from the attainment plan because the requirement
was suspended by a clean data determination for the Philadelphia Area.
Furthermore, EPA has determined that a reasonable further progress
(RFP) plan is not required because Pennsylvania projected that
attainment of the 1997 PM2.5 NAAQS occurred in the
Philadelphia Area by the attainment date of April 2010. This action is
being taken in accordance with the Clean Air Act (CAA) and the Clean
Air Fine Particulate Implementation Rule (PM2.5
Implementation Rule) published on April 25, 2007.

DATES: This final rule is effective on September 27, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0391. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, 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 electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On November 2, 2011 (76 FR 67640), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed approval of the Pennsylvania 1997 annual PM2.5
NAAQS attainment plan for the Philadelphia Area.
    On November 27, 2009 (74 FR 62251), EPA published findings of
failure to submit a SIP revision that demonstrates attainment of the
1997 PM2.5 NAAQS for the Philadelphia Area. On April 12,
2010, the Commonwealth of Pennsylvania through the Department of
Environmental Protection (PADEP) submitted a formal SIP revision and on
June 19, 2010, EPA determined that this SIP revision met the
requirements for completeness found in section 110(k)(1) of the CAA. On
May 16, 2012 (77 FR 28782), EPA published a clean data determination
and determination of attainment of the 1997 annual PM2.5
NAAQS by the attainment date of April 5, 2010.
    On May 12, 2005 (76 FR 70093), EPA published the Clean Air
Interstate Rule (CAIR) that addresses the interstate transport
requirements of the CAA with respect to the 1997 ozone and 1997
PM2.5 NAAQS. As originally promulgated, CAIR required
significant reductions in emissions of sulfur dioxide (SO2)
and nitrogen oxides (NOX) to limit the interstate transport
of these pollutants. In 2008, however, the DC Circuit Court of Appeals
(``the Court'') remanded CAIR back to EPA. See North Carolina v. EPA,
550 F.3d 1176. The Court found CAIR to be inconsistent with the
requirements of the CAA, North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
2008), but ultimately remanded the rule to EPA without vacatur because
it found that ``allowing CAIR to remain in effect until it is replaced
by a rule consistent with [the Court's] opinion would at least
temporarily preserve the environmental values covered by CAIR.'' See
North Carolina v. EPA, 550 F.3d at 1178. CAIR thus remained in place
following the remand, and was in place and enforceable through the
April 5, 2010 attainment date. In response to the Court's decision, EPA
has issued a new rule to address interstate transport of NOX
and SO2 in the Eastern United States (i.e., the Transport
Rule, also known as the Cross-State Air Pollution Rule). See 76 FR
48208, August 8, 2011. In the Transport Rule, EPA finalized regulatory
changes to sunset (i.e., discontinue) CAIR and the CAIR Federal
Implementation Plans (FIPs) for control

periods in 2012 and beyond. See 76 FR 48322.
    On December 30, 2011, the Court issued an order addressing the
status of the Transport Rule and CAIR in response to motions filed by
numerous parties seeking a stay of the Transport Rule pending judicial
review. In that order, the Court stayed the Transport Rule pending the
Court's resolution of the petitions for review of that rule in EME
Homer City Generation, L.P. v. EPA (No. 11-1302 and consolidated
cases). The Court also indicated that EPA is expected to continue to
administer the CAIR in the interim until the Court rules on the
petitions for review of the Transport Rule.
    EPA does not believe that the circumstances set forth above
preclude EPA from approving the April 12, 2012 Pennsylvania attainment
plan as amended on August 3, 2012 for the Philadelphia Area. While the
monitoring data that show the Philadelphia Area attained the 1997
annual PM2.5 NAAQS by the April 2010 attainment deadline was
impacted by CAIR, CAIR was in place and enforceable through the 2010
attainment date that is relevant to acting on this attainment plan.
Moreover, EPA's analysis conducted for the Transport Rule demonstrates
that the Philadelphia Area would be able to attain the 1997 annual
PM2.5 NAAQS even in the absence of either CAIR or the
Transport Rule. See Appendix B to the Air Quality Modeling Final Rule
Technical Support Document for the Transport Rule.
    Most importantly, EPA notes that this action is approving an
attainment plan that demonstrated that the Philadelphia Area would
attain the 1997 annual PM2.5 NAAQS by 2010, which it did. As
of 2010, CAIR was an enforceable control measure applicable to affected
sources in the area, as well as sources throughout the Eastern United
States. As such, the fact that CAIR is now in place only temporarily as
a result of the judicial remand of CAIR does not detract from our
conclusion that the attainment plan should be approved. Further, the
fact that the Court has stayed the implementation of the Transport Rule
at this time is not relevant because, as noted above, EPA's modeling
for the Transport Rule demonstrates the Philadelphia Area would be able
to attain the 1997 annual PM2.5 even in the absence of CAIR
and the Transport Rule. Finally, the Transport Rule, as promulgated,
only addresses emissions in 2012 and beyond. As such, neither the
Transport Rule itself, nor the judicial stay of the Transport Rule, is
relevant to the question addressed in this proposal notice. The purpose
of this action is to determine whether the attainment plan submitted by
Pennsylvania is sufficient to bring the Philadelphia Area into
attainment by the April 2010 attainment date, a date before the
Transport Rule was even promulgated. For these reasons, neither the
current status of CAIR nor the current status of the Transport Rule
affects any of the criteria for proposed approval of this SIP revision.

II. Summary of SIP Revision

    Pennsylvania's SIP revision demonstrates attainment of the 1997
annual PM2.5 NAAQS for the Philadelphia Area. This April 12,
2010 attainment plan as amended on August 3, 2012, includes
Pennsylvania's attainment demonstration, MVEBs used for transportation
conformity purposes for the five counties in the Philadelphia Area, a
base year emissions inventory, and contingency measures. A RFP plan is
not required under the applicable implementation rule because the
Philadelphia Area demonstrated that attainment of the 1997 annual
PM2.5 NAAQS occurred by the attainment date of April 2010.
See 40 CFR 51.1009(b) and 72 FR 20633 (April 25, 2007). In addition,
because EPA determined on May 16, 2012 (77 FR 28782) that the
Philadelphia Area attained by its required attainment date in
accordance with section 179(c)(9) of the CAA, no contingency measures
for failure to attain by this date need to be implemented, and further
EPA action respecting nonattainment contingency measures is
unnecessary. Furthermore, as set forth in the PM2.5
Implementation Rule, areas that attained the NAAQS by the attainment
date are considered to have satisfied the requirement to show RFP, and
as such do not need to implement contingency measures to make further
progress to attainment. EPA has determined that the Philadelphia Area
attained by the attainment date, therefore the contingency measures
submitted by Pennsylvania are no longer necessary for the Philadelphia
Area to meet RFP requirements or to attain the 1997 annual
PM2.5 NAAQS by the attainment date.
    On August 3, 2012, Michael L. Krancer, Secretary of PADEP sent a
letter to Shawn M. Garvin, Regional Administrator of EPA Region III
withdrawing the analysis of RACM/RACT which had been included in the
April 12, 2010 attainment plan since the requirement for the RACM/RACT
analysis was suspended by the May 16, 2012 (77 FR 28782) clean data
determination pursuant to 40 CFR 51.1004(c). Specifically, PADEP
withdrew section IV.B. in its entirety, pages 29-31 in part, and
Appendix G in its entirety.
    Other specific requirements of the 1997 annual PM2.5
NAAQS attainment plan for the Philadelphia Area and the rationale for
EPA's proposed action are explained in the NPR and will not be restated
here. On December 2, 2011, EPA received comments on the November 2,
2011 NPR. A summary of those comments and EPA's responses are provided
in section III of this document.

III. Summary of Public Comments and EPA Responses

    Comment: A commenter requests clarification with regard to the
procedures for collecting emissions inventory data from the Port of
Philadelphia and the accuracy of the data applied in this attainment
plan.
    Response: Emissions from the Port of Philadelphia are not
considered ``facility or point'' emissions but rather treated as part
of the nonroad data category. Nonroad data category consists of off-
highway categories--such as cranes, yard trucks, locomotives and marine
vessels. Therefore, emissions in the inventory are aggregated to the
county level, separated by source category. Specifically, port
emissions are comprised of marine vessels and land-based sources (such
as cargo handling equipment) at ports. Activity data for land-based
sources collected from various sources are used as inputs to EPA's
NONROAD model. Marine vessels' emissions are calculated outside of the
NONROAD model because the NONROAD model does not include marine vessel
emissions.
    EPA reviewed the methodology that PADEP used to estimate marine
vessel emissions and found that proper guidance was followed pertaining
to gathering characteristics of the port that included the types of
vessels, the shipping traffic, arrival information, and any limitations
on the data gathered. EPA verified that the marine vessels' emissions
were accounted for in the supporting spreadsheets provided for nonroad
emission estimates. EPA also verified that land-based sources for cargo
handling equipment, such as terminal tractors, cranes, container
handlers and forklifts, were accounted for in the nonroad spreadsheets
by county provided by PADEP.
    Comment: A commenter requests clarification and additional
information with regard to Pennsylvania's enforcement of the Diesel-
Powered Commercial Motor Vehicle Idling Act (Act 124--anti-idling
requirements) and

suggests that the attainment plan should offer more detailed
``estimations of emission reductions resulting from Act 124.''
    Response: Additional information is publicly available and may be
found at http://www.dep.state.pa.us/dep/deputate/airwaste/aq/cars/idling.htm. This Internet site directs viewers to contact the PADEP's
Bureau of Air Quality for additional information pertaining to Act 124.
Additionally, while the commenter suggests that the attainment plan
should offer more detailed ``estimations of emission reductions
resulting from Act 124,'' Pennsylvania does not rely on any emission
reductions resulting from the enforcement of Act 124 in order to
demonstrate attainment of the 1997 annual PM2.5 NAAQS.
However, Pennsylvania does include Act 124 as a contingency measure.
Since EPA has determined that the Philadelphia Area attained by its
required attainment date, in accordance with section 172(c)(9) of the
CAA, no contingency measures for failure to attain by this date or make
reasonable further progress need to be implemented at this time.
Therefore, the attainment plan provides sufficient estimations of
emission reductions resulting from Act 124.

IV. Final Action

    EPA is approving Pennsylvania's April 12, 2010 attainment plan as
amended on August 3, 2012 for the 1997 annual PM2.5 NAAQS
for the Philadelphia Area as a revision to the Pennsylvania SIP. EPA
has determined that the SIP revision meets the applicable requirements
of the CAA, as described in the PM2.5 Implementation Rule.
Specifically, EPA is approving only Pennsylvania's attainment
demonstration, associated MVEBs used for transportation conformity
purposes, the base year emissions inventory, and contingency measures.
PADEP withdrew the RACM/RACT analysis section of the attainment plan as
amended on August 3, 2012 because the requirement for RACM/RACT was
suspended by the May 16, 2012 clean data determination pursuant to 40
CFR 51.1004(c). Furthermore, EPA has determined that the requirement
for RFP plan is satisfied because Pennsylvania demonstrated attainment
of the 1997 annual PM2.5 NAAQS in the Philadelphia Area by
April 5, 2010.

V. Statutory and Executive Order Reviews

A. General Requirements

    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 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 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, 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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 October 29, 2012. 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 pertaining to the Pennsylvania 1997 annual
PM2.5 NAAQS attainment plan for the Philadelphia Area, may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 9, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for the 1997 PM2.5 NAAQS attainment plan at the end
of the table to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP     Applicable geographic    State submittal                          Additional
           revision                      area                  date         EPA approval date     explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 PM2.5 NAAQS Attainment     Pennsylvania portion       4/12/10, 8/3/12  8/28/12 [Insert    .................
 Demonstration, 2002 Base Year   of the Philadelphia-                        page number
 Emissions Inventory,            Wilmington, PA-NJ-DE                        where the
 Contingency Measures and        PM2.5 Nonattainment                         document begins].
 Motor Vehicle Emission          Area.
 Budgets for 2009.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-21046 Filed 8-27-12; 8:45 am]
BILLING CODE 6560-50-P