[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31349-31350]
[FR Doc No: 2012-12703]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14385-000]

Coastal Hydropower, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On April 12, 2012, Coastal Hydropower, LLC filed an application for
a preliminary permit, pursuant to section 4(f) of the Federal Power
Act, proposing to study the feasibility of the Menasha-Neenah Water
Power Project, which would be located on the Fox River, in Winnebago
County, Wisconsin. The sole purpose of a preliminary permit, if issued,
is to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of: (1) Installation of 12 Very
Low Head (VLH) 500-kilowatt (kW) turbine units; (2) a proposed 700-
foot-long, 12-kilovolt transmission line; (3) a proposed 300-foot-long,
13-kilovolt transmission line; and (4) appurtenant facilities. The
proposed Menasha-Neenah Water Power Project would have an estimated
average annual generation of 31.5 gigawatt-hours.
    Applicant Contact: Neil Anderson, Coastal Hydropower, LLC, Key
Centre, 601 108th Avenue NE., Suite 1900, Bellevue, WA 98004; phone:
(425) 943-7690.
    FERC Contact: Bryan Roden-Reynolds at<PHONE_NUMBER>, or via email
at<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp). Commenters
can submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end

of your comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>call toll-free at 1-866-208-3676, or for
TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14385) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: May 18, 2012.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-12703 Filed 5-24-12; 8:45 am]
BILLING CODE 6717-01-P


	DOCKET OST 2000-8197

This serves as interim notice to the public of the action described
below, taken orally by the Department official indicated; the confirming
order or other decision document will be issued as soon as possible.

Applicant:  Volga-Dnepr J.S. Cargo Airline				Date Filed: October 25,
2000 as

										    amended November 15, 2000

Relief requested:  Amend exemption, granted November 1, 2000, from 49
U.S.C. 40109(g) to change the dates of operation from November 6-7, 2000
to November 20-21, 2000, of a one one-way emergency cabotage cargo
flight between North Island N.A.S., CA, and Denver, CO, using AN-124
aircraft, to transport an oversized launch vehicle and associated
equipment on behalf of Lockheed Martin.  In its initial request, the
applicant stated that Lockheed Martin required urgent delivery to meet
schedule constraints that include final integration activities and
preparation for subsequent launch processing; that the cargo is too
large for transportation on U.S. carrier aircraft; and that surface
transportation is not feasible because of the time involved, the adverse
effect a long road trip could have on the vehicle, and the vehicle’s
size.

Applicant representative: Glenn Wicks,<PHONE_NUMBER>

Responsive pleadings: The applicant served its request for amendment of
its exemption on those U.S. carriers operating large all-cargo aircraft,
and, at the Department’s request, polled those carriers to obtain
their views.  Each carrier indicated that it did not have aircraft
available to conduct the proposed operation, and that it had no comment
or did not oppose grant of the requested authority.

	DISPOSITION

Action:  Approved					Action date:  November 17, 2000

Effective dates of authority granted: November 20-21, 2000

Basis for approval:  We found that our action was consistent with all
the relevant criteria of 49 U.S.C. 40109(g) for the grant of an
exemption of this type, and that the grant of this amended authority was
required in the public interest.  Moreover, based on the representations
of the U.S. carriers, we concluded that no U.S. carrier had aircraft
available which could be used to conduct the operation at issue here.
We also found that grant of this amended authority would prevent
unreasonable hardship to the charterer.

Except to the extent exempted/waived, this authority is subject to the
attached terms, conditions, and limitations.

Special conditions/Partial grant/Denial basis/Remarks:  The applicant
shall comply with an FAA-approved flight routing for the authorized
flight.

Action taken by:

	FRANCISCO J. SANCHEZ

	Assistant Secretary for Aviation

	  and International Affairs

												        Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are:

   (a)  based on its operations in international air transportation
that, according to the contract of carriage, include a point in the
United States as a point of origin, point of destination, or agreed
stopping place, or for which the contract of carriage was purchased in
the United States; or

   (b)  based on a claim under any international agreement or treaty
cognizable in any court or other tribunal of the United States.

In this condition, the term "international air transportation" means
"international transportation" as defined by the Warsaw Convention,
except that all States shall be considered to be High Contracting
Parties for the purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable bilateral agreement, comply with the Department's
rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code (formerly the
Federal Aviation Act of 1958, as amended).

U.S. Department of Transportation

Office of the Secretary of Transportation									        (41301/40109)
9/98

    NOTICE OF ACTION TAKEN


[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59442-59445]
[FR Doc No: 2023-18527]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1491; Project Identifier MCAI-2022-01644-T;
Amendment 39-22505; AD 2023-14-05]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-10-
08, which applied to certain Airbus SAS Model A320-214, -251N, and -
271N airplanes. AD 2022-10-08 required a one-time detailed inspection
of the affected passenger seats and corrective actions if necessary.
Since the FAA issued AD 2022-10-08, it was determined that additional
passenger seats are affected. This AD continues to require the actions
in AD 2022-10-08, and also requires inspecting additional affected
passenger seats; as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 13, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
13, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
7, 2022 (87 FR 31129, May 23, 2022).
    The FAA must receive comments on this AD by October 13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1491; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA AD 2021-0166 and EASA AD 2021-0166R1 that are
incorporated by reference in this AD, contact EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find EASA AD 2021-
0166R1 on the EASA website at ad.easa.europa.eu. You may find EASA AD
2021-0166 incorporated by reference in this AD at regulations.gov under
Docket No. FAA-2023-1491.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-1491.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1491; Project Identifier MCAI-
2022-01644-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Timothy
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The FAA issued AD 2022-10-08, Amendment 39-22046 (87 FR 31129, May
23, 2022) (AD 2022-10-08), for certain Airbus SAS Model A320-214, -
251N, and -271N airplanes. AD 2022-10-08 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2021-0166, dated July 13, 2021
(EASA AD 2021-0166), to correct an unsafe condition.
    AD 2022-10-08 required a one-time detailed inspection of the
affected passenger seats and corrective actions if necessary. The FAA
issued AD 2022-10-08 to address deformation or compression of the seat
rail covers caused by improper transportation, handling, or
installation on the airplane. This condition, if not addressed, could
lead to seat track detachment, possibly resulting in injury to
passengers.

Actions Since AD 2022-10-08 Was Issued

    Since the FAA issued AD 2022-10-08, EASA superseded EASA AD 2021-
0166, and issued EASA AD 2021-0166R1, dated December 22, 2022 (EASA AD
2021-0166R1) (also referred to as the MCAI), to correct an unsafe
condition for certain Airbus SAS Model A320-214, -251N, and -271N
airplanes. The MCAI states that damaged seat rail covers were detected
in the forward and aft seat fixation area of some airplanes during
initial delivery. The MCAI states that since EASA AD 2021-0166 was
issued, it was determined that additional passenger seats are affected.
    The FAA is issuing this AD to address deformation or compression of
the seat rail covers caused by improper transportation, handling, or
installation on the airplane. This condition, if not addressed, could
lead to seat track detachment, possibly resulting in injury to
passengers. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-1491.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD
2022-10-08, this AD retains all of the requirements of AD 2022-10-08.
Those requirements are referenced in EASA AD 2021-0166R1, which, in
turn, is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0166R1 specifies procedures for a detailed inspection
of the affected parts and corrective actions. Corrective actions
include replacement of the seat or the seat rail covers.
    This AD also requires EASA AD 2021-0166, which the Director of the
Federal Register approved for incorporation by reference on June 7,
2022 (87 FR 31129, May 23, 2022).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that

the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0166R1 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0166R1 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0166R1 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in EASA AD 2021-0166R1 does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2021-0166R1. Service information required by EASA AD 2021-
0166R1 for compliance will be available at regulations.gov under Docket
No. FAA-2023-1491 after this AD is published.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
forgoing reasons, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

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

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-10-08...........  2 work-hours x $85 per hour =                 $0            $170
                                                 $170.
New actions...................................  2 work-hours x $85 per hour =                  0             170
                                                 $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                                     Estimated Costs of On-Condition Action
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Seat rail cover replacement.......  1 work-hour x $85 per  Up to $160................  Up to $245 (per rail
                                     hour = $85.                                        cover).
Seat replacement..................  3 work-hours x $85     Up to $21,600.............  Up to $21,855 (per seat).
                                     per hour = $255.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-10-08, Amendment 39-22046
(87 FR 31129, May 23, 2022); and
0
b. Adding the following new AD:

2023-14-05 Airbus SAS: Amendment 39-22505; Docket No. FAA-2023-1491;
Project Identifier MCAI-2022-01644-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 13,
2023.

(b) Affected ADs

    This AD replaces AD 2022-10-08, Amendment 39-22046 (87 FR 31129,
May 23, 2022) (AD 2022-10-08).

(c) Applicability

    This AD applies to Airbus SAS Model A320-214, -251N, and -271N
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2021-0166R1, dated December
22, 2022 (EASA AD 2021-0166R1).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by reports that damaged seat rail covers
were detected in the forward and aft seat fixation area of some
airplanes during initial delivery. Since AD 2022-10-08 was issued,
it was determined that additional passenger seats are affected. The
FAA is issuing this AD to address deformation or compression of the
seat rail covers caused by improper transportation, handling, or
installation on the airplane. This condition, if not addressed,
could lead to seat track detachment, possibly resulting in injury to
passengers.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0166R1.

(h) Exceptions to EASA AD 2021-0166R1

    (1) Where paragraph (1) of EASA AD 2021-0166R1 specifies to
accomplish a detailed inspection of each affected part within 12
months after July 27, 2021 (the effective date of EASA AD 2021-0166,
dated July 13, 2021 (EASA AD 2021-0166)), for this AD do the
inspection at the applicable compliance time specified in paragraph
(h)(1)(i) or (ii) of this AD.
    (i) For the parts identified in Appendix 1 of EASA AD 2021-0166,
do the inspection within 12 months after June 7, 2022 (the effective
date of AD 2022-10-08).
    (ii) For the parts identified in Appendix 1 of EASA AD 2021-
0166R1, except those identified in Appendix 1 of EASA AD 2021-0166,
do the inspection within 6 months after the effective date of this
AD.
    (2) Where paragraph (2) of EASA AD 2021-0166R1 specifies actions
if ``discrepancies are detected,'' for this AD a discrepancy is an
out-of-tolerance distance between the forward and aft attachment
screws or a damaged (deformed or compressed) seat rail cover.
    (3) Where paragraph (3) of EASA AD 2021-0166R1 allows deferral
of certain actions, for this AD replace the text ``in accordance
with the applicable instructions and limitations of Master Minimum
Equipment List (MMEL) item 25-20-01A'' with ``in accordance with the
applicable instructions and limitations of FAA MMEL item 25-21-01 or
equivalent instructions and limitations in the operator's existing
FAA-approved minimum equipment list (MEL)''.
    (4) Where paragraph (4) of EASA AD 2021-0166R1 refers to its
effective date, this AD requires using the effective date of this
AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2021-0166R1.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0166R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, 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 an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 13, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0166R1,
dated December 22, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
June 7, 2022 (87 FR 31129, May 23, 2022).
    (i) EASA AD 2021-0166, dated July 13, 2021.
    (ii) [Reserved]
    (5) For EASA AD 2021-0166 and EASA AD 2021-0166R1, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find EASA AD 2021-0166R1 on the EASA website at ad.easa.europa.eu.
You may find EASA AD 2021-0166 at regulations.gov under Docket No.
FAA-2023-1491.
    Note 1 to paragraph (l)(5): EASA AD 2021-0166 is no longer
available through the EASA website. The FAA will provide access to
this material for the life of this AD as required by 5 U.S.C. 552(a)
and 1 CFR part 51.
    (6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket at regulations.gov under Docket No. FAA-2023-1491.
    (7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-18527 Filed 8-28-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Page 12475]
[FR Doc No: 2022-04587]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4634-DR; Docket ID FEMA-2022-0001]

Colorado; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Colorado (FEMA-4634-DR), dated December 31,
2021, and related determinations.

DATES: The declaration was issued December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated December 31, 2021, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Colorado resulting from wildfires and straight-line winds
beginning on December 30, 2021, and continuing, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Colorado.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for debris removal and emergency protective measures
(Categories A and B), including direct Federal assistance, under the
Public Assistance program in the designated areas, Hazard Mitigation
throughout the State, and any other forms of assistance under the
Stafford Act that you deem appropriate subject to completion of
Preliminary Damage Assessments (PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
under section 408 will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Nancy M. Casper, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Colorado have been designated
as adversely affected by this major disaster:
    Boulder County for Individual Assistance.
    Boulder County for debris removal and emergency protective measures
(Categories A and B), including direct federal assistance, under the
Public Assistance program.
    All areas within the State of Colorado are eligible for assistance
under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-04587 Filed 3-3-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13662-13663]
[FR Doc No: 2013-04659]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-18-001]

Kansas Gas Service, a Division of ONEOK, Inc.; Notice of Petition

    Take notice that on February 6, 2013, Kansas Gas Service, a
division of ONEOK, Inc. filed to correct a Tariff Record filed on
December 14, 2012, as more fully detailed in the petition.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the

Web site that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, February 27,
2013.

    Dated: February 21, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-04659 Filed 2-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Proposed Rules]
[Pages 30686-30689]
[FR Doc No: 2019-13636]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0064; FRL-9995-24-Region 8]

South Dakota; Proposed Approval of Revisions to the State Air
Pollution Control Rules and to the Permitting Rules for the Prevention
of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) and Operating Permit Program
revisions submitted by the State of South Dakota on October 23, 2015,
related to South Dakota's Air Pollution Control Program. The October
23, 2015 submittal revises certain definitions in the Prevention of
Significant Deterioration (PSD) permitting rules and general definition
section related to greenhouse gases (GHGs). In this rulemaking, we are
proposing action on portions of the October 23, 2015 submittal, which
were not acted on in our previous final rulemaking published on October
13, 2016. The effect of this rulemaking is to ensure that certain
definitions in South Dakota's PSD rules are in compliance with the
federal PSD requirements. This action is being taken under the Clean
Air Act (CAA).

DATES: Written comments must be received on or before July 29, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0064 to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to

view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Quality Planning
Branch, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On June 3, 2010 (75 FR 31514), the EPA published a final rule,
known as the GHG Tailoring Rule, which, with respect to the CAA PSD
permitting program, phased in permitting requirements for GHG emissions
from stationary sources. Under its interpretation of the CAA at the
time, the EPA determined it was necessary to avoid an unmanageable
increase in the number of sources that would be required to obtain PSD
permits under the CAA because the sources emitted or had the potential
to emit GHGs at or above the applicable major source and major
modification thresholds. In Step 1 of the GHG Tailoring Rule, the EPA
limited application of PSD requirements to sources only if they were
subject to PSD ``anyway'' due to the emissions of other non-GHG
pollutants. These sources were referred to as ``anyway'' sources. In
Step 2 of the GHG Tailoring Rule, the EPA applied the PSD permitting
requirements under the CAA to sources that were classified as major
based solely on their GHG emissions or potential to emit GHGs, and to
modifications of otherwise major sources that require a PSD permit
because they increased only GHG emissions above the level in the EPA
regulations.
    On June 23, 2014, the United States Supreme Court addressed the
application of PSD and Title V permitting requirements to GHG
emissions. Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S.Ct. 2427 (2014). The Supreme Court held that the EPA may
not treat GHGs as an air pollutant for purposes of determining whether
a source is a major source (or a modification thereof) and thus
required to obtain a PSD or title V permit. With respect to PSD, the
Court also held that the EPA could continue to require that PSD
permits, otherwise required based on emissions of pollutants other than
GHGs (anyway sources), contain limitations on GHG emissions based on
the application of Best Available Control Technology (BACT).
    In accordance with the Supreme Court decision, on April 10, 2015,
the U.S. Court of Appeals for the District of Columbia Circuit (the
D.C. Circuit) issued an amended judgment effectively vacating the
regulations that implemented Step 2 of the EPA's GHG Tailoring Rule.
Coalition for Responsible Regulation v. EPA, 606 F. App'x. 6, at 7-8
(D.C. Cir. April 10, 2015) (Amended Judgment). With respect to PSD,
Step 2 applied to sources that emitted only GHGs at or above the
thresholds triggering the requirement to obtain a PSD permit. The
Amended Judgment preserves, without the need for additional rulemaking
by the EPA, the application of the BACT requirement to GHG emissions
from Step 1 or ``anyway sources.'' With respect to PSD Step 2 sources,
the D.C. Circuit's Amended Judgment vacated the regulations at issue in
the litigation, including 40 CFR 51.166(b)(48)(v) and 52.21(b)(49)(v),
``to the extent they require a stationary source to obtain a PSD permit
if greenhouse gases are the only pollutant (i) that the source emits or
has the potential to emit above the applicable major source thresholds,
or (ii) for which there is a significant emission increase from a
modification.'' The Amended Judgment further ordered that: ``the
regulations under review be vacated to the extent they require a
stationary source to obtain a title V permit solely because the source
emits or has the potential to emit greenhouse gases above the
applicable major source thresholds.''
    In accordance with the D.C. Circuit's Amended Judgment, on August
19, 2015 (80 FR 50199), the EPA published a final rulemaking titled:
``Prevention of Significant Deterioration and Title V Permitting for
Greenhouse Gases: Removal of Vacated Elements.'' In this rulemaking,
the EPA removed GHG Tailoring Rule Step 2 PSD permitting requirements
in 40 CFR 51.166(b)(48)(v) and 40 CFR 52.21(b)(49)(v) from the CFR.
    As mentioned, the Amended Judgment specifically ordered that
certain EPA regulations under review (including 40 CFR 51.166(b)(48)(v)
and 52.21(b)(49)(v)) be vacated. In the EPA's final rulemaking titled
``Prevention of Significant Deterioration and Title V Permitting for
Greenhouse Gases: Removal of Certain Vacated Elements,'' which was
published on August 19, 2015 (80 FR 50199), we state:

    This final action removes from the CFR several provisions of the
PSD and title V permitting regulations that were originally
promulgated as part of the Tailoring Rule and that the D.C. Circuit
specifically identified as vacated in the Coalition Amended
Judgment. Because the D.C. Circuit specifically identified the
Tailoring Rule Step 2 PSD permitting requirements in 40 CFR
51.166(b)(48)(v) and 52.21(b)(49)(v) and the regulations that
require the EPA to consider further phasing-in the GHG permitting
requirements at lower GHG emission thresholds in 40 CFR 52.22, 70.12
and 71.13 as vacated, the EPA is taking the ministerial action of
removing these provisions from the CFR.

    EPA further states:

    The EPA intends to further revise the PSD and title V
regulations to fully implement the Coalition Amended Judgment in a
separate rulemaking. This future rulemaking will include revisions
to additional definitions in the PSD regulations.

    South Dakota's PSD preconstruction permitting program consists of
sections 74-36-09-01 through 74-36-09-03. The State's submittal
incorporated by reference as of October 23, 2015, the revisions to
remove the GHG Tailoring Rule Step 2 PSD permitting requirements in 40
CFR 52.21(b)(49)(v) from their state implementation plan (SIP) in
74:36:09:02(7)-(9) (removing 40 CFR 52.21(b)(49)(v) as well as the
references to 40 CFR 52.21(b)(49)(v)). These revisions were approved in
81 FR 70626 and published on October 13, 2016 (see docket).
    In this action we propose to approve two additional revisions
contained in the State's 2015 submittal: South Dakota's revision to the
definition of ``subject to regulation'' in 74:36:01:01(73) \1\ and the
addition of the new provision in 74:36:09-02(10).\2\ In our October 13,
2016 action, we did not act on South Dakota's revisions in
74:36:01:01(73) because it revises the definition of ``regulated NSR
pollutant'' and 74:36:09(02)(10) revises language in Sec.
52.21(b)(49)(iv)(b) related to ``regulated NSR pollutant.'' The EPA
determined that it was not appropriate to act on any revisions related
to definitions as a result of the court's decision at that time
because, as mentioned above, the EPA's final rulemaking titled
``Prevention of Significant Deterioration and Title V Permitting for
Greenhouse Gases: Removal of Certain Vacated Elements'' stated that a
future rulemaking will include revisions to additional definitions in
the PSD regulations.
---------------------------------------------------------------------------

    \1\ The State's proposed rule changes appear in the document
titled ``Appendix A, Proposed Amendment to ARSD 74-36--Air Pollution
Control Program'', which is in the Docket. Appendix A, p. A-14, PDF
p. 431.
    \2\ Appendix A, p. A-175, PDF p. 330.
---------------------------------------------------------------------------

    On October 3, 2016, the EPA proposed the additional definition

revisions in ``Revisions to the Prevention of Significant Deterioration
(PSD) and Title V Greenhouse Gas (GHG) Permitting Regulations and
Establishment of a Significant Emissions Rate (SER) for GHG Emissions
Under the PSD Program.'' 81 FR 68110. In the 2016 action, the EPA
proposed to revise certain definitions in the PSD permitting
regulations to fully implement the Amended Judgment. Specifically, we
proposed the following.
     The first revision would revise the definitions of ``major
stationary source'' and ``major modification'' by repealing all parts
of the definition of ``subject to regulation'', except for the first
paragraph, which simply serves to codify our interpretation of the term
``subject to regulation.'' Thus, this rulemaking simply proposed
retention of the first paragraph in the definition of ``subject to
regulation'' at 40 CFR 51.166(b)(48) and 52.21(b)(49) and proposed
adding a sentence explaining that pollutants subject to regulation
include, but are not limited to, greenhouse gases.
     The second revision would establish a freestanding
definition of the term ``greenhouse gases'' at 40 CFR 51.166(b)(31) and
52.21(b)(32). Previously, the definition of this pollutant was located
within the definition of ``subject to regulation'' and the EPA simply
proposed to move the language that defined GHGs into an independent
definition for the term ``greenhouse gases,'' including the method to
compute tons per year CO2 equivalent emissions
(CO2e). We explained that this proposed change to the EPA's
definition of GHG in the PSD permitting rules does not change the
meaning of the term, as it will be the exact same language as in the
existing regulations.\3\
---------------------------------------------------------------------------

    \3\ We note that EPA's proposed rulemaking covered additional
revisions, which are not relevant to the State's submission. EPA has
not finalized this proposal.
---------------------------------------------------------------------------

    Because South Dakota's revisions are consistent with the D.C.
Circuit's amended judgement, the EPA's October 3, 2016, proposed
rulemaking does not need to be finalized in order for us to approve
South Dakota's revisions.

II. The EPA's Evaluation

A. Chapter 74:36:01:01--Definitions

    We are proposing approval to the changes in 74:36:01:01(73).
Chapter 74:36:01:01 defines the terms used throughout Article 74:36--
Air Pollution Control Program. The State updated 74:36:01:01(73) to
reflect the D.C. Circuit's Amended Judgment. In particular, South
Dakota modified the definition of ``subject to regulation'' by striking
the reference to the definition of ``subject to regulation'' in the
part 70 rules (40 CFR 70.2) and replacing it with: ``Subject to
regulation means, for any air pollutant, that the pollutant is subject
to either a provision in the Clean Air Act, or a nationally-applicable
regulation codified by the Administrator in subchapter C of this
chapter, that requires actual control of the quantity of emissions of
that pollutant, and that such a control requirement has taken effect
and is operative to control, limit or restrict the quantity of
emissions of that pollutant released from the regulated activity.
Greenhouse gases are not subject to regulation unless a PSD
preconstruction permit is issued regulating greenhouse gases in
accordance with chapter 74:36:09.''
    The State's definition of ``subject to regulation'' retains the
first paragraph in Sec.  52.21(b)(49), which codifies the
interpretation of the term ``subject to regulation,'' which has the
effect of revising the definitions of ``major stationary source'' and
``major modification.'' In adopting only the first paragraph of Sec.
52.21(b)(49), the State's definition excludes the exceptions to the
definition of ``subject to regulation'' provisions in 40 CFR
52.21(b)(49)(i)-(iv). Those provisions are relevant for the PSD program
and are found elsewhere in the State's PSD rules.\4\ The State also
added the following sentence to the end of the definition of ``subject
to regulation'': ``[g]reenhouse gases are not subject to regulation
unless a PSD preconstruction permit is issued regulating greenhouse
gases accordance with chapter 74:36:09.'' We propose to approve this
additional sentence because we do not believe it would reduce the
stringency of the SIP definition of ``subject to regulation,'' as
compared to the revised definitions in our ``Prevention of Significant
Deterioration and Title V Permitting for Greenhouse Gases: Removal of
Vacated Elements'' rulemaking, and because it is consistent with the
Amended Judgment.
---------------------------------------------------------------------------

    \4\ Our October 13, 2016 final action (81 FR 70626) approved the
following exception to the State's adoption by reference of the PSD
rules. 74:36:09:02(7)-(9), adopts by reference the term ``Subject to
regulation'' in 40 CFR 52.21(b)(49), which includes Sec.
52.21(b)(49)(i)-(iv) and conforming amendments, but not Sec.
52.21(b)(49)(v). We note that our 2016 final action did not include
a revision the EPA proposed in response to the Amended Judgment that
adds a sentence to the end of the first paragraph of 40 CFR
52.21(b)(49) (``Pollutants subject to regulation include, but are
not limited to, greenhouse gases as defined in paragraph (b)(32) of
this section''). 81 FR 68143. Even if EPA were to finalize its
proposal, we do not believe this additional sentence is needed in
the South Dakota regulations because the definition applies to all
sources, including non-PSD sources, and ``Subject to regulation''
for purposes of PSD is adopted by reference elsewhere in the State's
rules.
---------------------------------------------------------------------------

    Additionally, the State's revision to 74:36:01:01(73) removed and
replaced the reference in that section to the definition of ``subject
to regulation'' in 40 CFR 70.2, which we propose to approve in light of
the Amended Judgment, which, in effect, ordered the vacatur of the
requirement in the part 70 regulations that a stationary source obtain
a title V permit solely because it emits or has the potential to emit
GHGs above the title V major source threshold. This modification is
approvable because it is consistent with the Amended Judgment, which
describes the CAA permitting authority regarding GHG emissions, and
thus we do not believe it would reduce the stringency of the definition
in the SIP compared with the federal definitions of ``subject to
regulation'' found in Sec.  51.166(b)(48), Sec.  52.21(b)(49), and
Sec.  70.2.

B. Chapter 74:36:09--Prevention of Significant Deterioration

    We are proposing approval to the addition of 74:36:09:02(10).
Chapter 74:36:09 is South Dakota's PSD preconstruction program for
major sources located in areas of the State that are designated
attainment for the federal national ambient air quality standards
(NAAQS) identified in 74:36:02, which adopts the EPA's PSD rules in 40
CFR 52.21 by reference, noting certain differences. The EPA approved
the PSD preconstruction permitting program in South Dakota's SIP. South
Dakota's October 23, 2015 submittal added 74:36:09:02(10) as an
additional difference from the federal rules, which states that for the
purposes of this section, 40 CFR 52.21(b)(49)(iv)(b), the term ``also
will have an emissions increase of a regulated NSR pollutant'' means
``also will have a major modification of a regulated NSR pollutant that
is not GHGs.'' This provision amends one of the exceptions to the
definition of ``subject to regulation'' in the State's PSD rules
(``Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if: . . . [t]he stationary source is an existing major
stationary source for a regulated NSR pollutant that is not GHGs, and
also will have an emissions increase of a regulated NSR pollutant, and
an emissions increase of 75,000 tpy CO2e or more''). The
State's change was not included in either of the EPA's recent actions
to amend the PSD applicability rules for GHG emissions (80 FR 50199 and
81 FR 68110, described above). Nevertheless, we propose to approve the
change because it is consistent with the intent of our

federal rules since the regulatory definition of ``major modification''
found at [insert either 40 CFR 52.21(b)(2)(i) or South Dakota's
equivalent rule provision] is essentially equivalent in meaning to the
term ``emissions increase'' as it is defined at 40 CFR
52.21(b)(49)(iii). This change reflects the D.C. Circuit's Amended
Judgment in that 74:36:09:02(10) merely emphasizes that a source has to
trigger PSD for a non-GHG pollutant before GHGs can become subject to
regulation. This modification is approvable because it does not reduce
the stringency of the federal definition of ``subject to regulation''
found in Sec.  51.166(b)(48) and Sec.  52.21(b)(49).

III. Proposed Action

    For the reasons described in section II of this proposed
rulemaking, the EPA is proposing to approve the revisions submitted by
South Dakota on October 23, 2015, which were not acted on in 81 FR
70626. Our action is based on an evaluation of South Dakota's revisions
against the requirements of CAA sections 110(a)(2)(c) and 502(b), and
regulatory requirements under 40 CFR 51.160-164, 40 CFR 51.166, 40 CFR
52.21, 40 CFR part 70 and the D.C. Circuit's Amended Judgment.

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
(RFP) toward attainment of the NAAQS, or any other applicable
requirement of the Act. In addition, section 110(l) requires that each
revision to an implementation plan submitted by a state shall be
adopted by the state after reasonable notice and public hearing.
    The South Dakota SIP revisions that the EPA proposes to approve do
not interfere with any applicable requirements of the Act. The
revisions to the Administrative Rules of South Dakota (ARSD)
74:36:09:02(10) and 74:36:01(73) submitted by South Dakota on October
23, 2015, ensure South Dakota's PSD program is in compliance with the
federal PSD requirements. Therefore, CAA section 110(l) requirements
are satisfied.

V. Incorporation by Reference

    In this rule, the EPA proposes to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA proposes to incorporate by
reference the ARSD rules promulgated in 74:36, as described in section
II of this preamble. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 8 Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 21, 2019.
Debra H. Thomas,
Regional Administrator, Region 8.
[FR Doc. 2019-13636 Filed 6-26-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 27, 2007 (Volume 72, Number 227)]
[Notices]
[Page 66218]
[DOCID:fr27no07-131]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms and Record Keeping Requirements Agency Information
Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.), this notice announces that the Information
Collection Request (ICR) abstracted regarding the Uniform Tire Quality
Grading Standard (UTQGS) below has been forwarded to the Office of
Management and Budget (OMB) for review and comment. The ICR describes
the nature of the information collections and their expected burden.
The Federal Register Notice with a 60-day comment period was published
on July 20, 2007 [72 FR 39889-39890].

DATES: Comments must be submitted on or before December 27, 2007.

FOR FURTHER INFORMATION CONTACT: Hisham Mohamed at the National Highway
Traffic Safety Administration, Office of International Policy, Fuel
Economy and Consumer Programs (NVS-131), 1200 New Jersey Ave, SE., W43-
437, Washington, DC 20590. Mr. Mohamed's telephone number is (202) 366-
0307.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: 49 CFR Part 575.104; Uniform Tire Quality Grading Standard.
    OMB Number: 2127-0519.
    Type of Request: Extension of a currently approved information
collection.
    Abstract: Part 575 requires tire manufacturers and tire brand
owners to submit reports to NHTSA regarding the UTQGS grades of all
passenger car tire lines they offer for sale in the United States. This
information is used by consumers of passenger car tires to compare tire
quality in making their purchase decisions. The information is provided
in several different ways to insure that the consumer can readily see
and understand the tire grades: (1) The grades are molded into the
sidewall of the tire so that they can be reviewed on both the new and
old tires; (2) a paper label is affixed to the tread face of the new
tires that provides the grades of that particular tireline along with
an explanation of the grading system; (3) the tire manufacturer or
brand name owner provides prospective purchasers of tires the
information for each tire offered for sale at the particular location;
(4) vehicle manufacturers include in the owner's manual of each vehicle
the grade information for the tires with which the vehicle is equipped;
(5) NHTSA compiles the grading information of all manufacturers'
tirelines into a booklet that is available to the public both in
printed form and on NHTSA's Web site.
    Affected Public: All passenger car tire manufacturers and brand
name owners offering passenger car tires for sale in the United States.
    Estimated Total Annual Burden: NHTSA estimates that a cost of
approximately $26 million to tire manufacturers is required to comply
with this regulation.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725-17th
Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Departments' estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. A comment to OMB is most effective if OMB
receives it within 30 days of publication.

    Issued on: November 21, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-23045 Filed 11-26-07; 8:45 am]

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[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Notices]
[Page 12772]
[DOCID:fr17mr10-95]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2010-0127]

National Offshore Safety Advisory Committee; Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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

SUMMARY: The National Offshore Safety Advisory Committee (NOSAC) will
meet in New Orleans LA to discuss various issues relating to offshore
safety and security. The meeting will be open to the public.

DATES: NOSAC will meet on Thursday, April 8, 2010, from 9 a.m. to 4:00
p.m. This meeting may close early if all business is finished. Written
material and requests to make oral presentations should reach the Coast
Guard on or before March 25, 2010. Requests to have a copy of your
material distributed to each member of the committee should reach the
Coast Guard on or before March 25, 2010.

ADDRESSES: NOSAC will meet in the Waterbury Ballroom of the Sheraton
Hotel and Conference Center, 500 Canal Street, New Orleans, Louisiana.
Send written material and requests to make oral presentations to
Commander P.W. Clark, Designated Federal Officer (DFO), Commandant (CG-
5222), U.S. Coast Guard, 2100 Second Street, SW., STOP 7126,
Washington, DC 20593-7126. This notice is available on our online
docket, USCG-2010-0127, at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Commander P.W. Clark, Designated
Federal Officer of NOSAC, or Mr. Kevin Pekarek, Assistant to Designated
Federal Officer, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Agenda of Meeting

    The agenda for the April 8, 2010, Committee meeting is as follows:
    (1) An update on the Coast Guard's policy with respect to MARPOL
Annex II Implementation and IMO Resolution A.673 for Offshore Supply
Vessels (OSVs).
    (2) Update on the Diving Sub-committee to study the matter of
medical treatment of injured divers while working on the OCS.
    (3) Discussion of US Coast Guard's planned update of the Hazardous
Locations Shipping Regulations in 46 CFR Subpart 111.105 related to
electrical installations in hazardous areas and the requested formation
of a Task Group.
    (4) Brief Updates on the following topics:
    (a) The proposed regulations governing the Advanced Notice of
Arrival (NOA) for units arriving on the U.S. Outer Continental Shelf
(OCS)
    (b) Commercial Diving Regulations Report
    (c) Dynamic Positioning Best Practices discussion
    (d) 46 CFR Subchapter L update
    (e) A progress report/discussion of safe lifting operations
    (f) 33 CFR Subchapter N update
    (g) MODU Crane regulations
    (h) Fire Suppression Systems/CO2 NPRM FR Feb. 24, 2010
    (5) STCW Convention Update.
    (6) Ocean Policy Task Force Presentation.
    (7) A discussion on Subsea Pipeline system/Pipeline Mapping from
MMS.
    (8) National Center of Expertise Offshore Section (Morgan City)
will be providing a briefing about the services they provide.
    (9) A Report on IMO Issues and Upcoming Meeting Dates for this
organization.

Procedural

    The meeting is open to the public. Please note that the meeting may
close early if all business is finished. At the Chair's discretion,
members of the public may make oral presentations during the meeting.
If you would like to make an oral presentation at the meeting, please
notify the DFO no later than March 25, 2010. Written material for
distribution at the meeting should reach the Coast Guard no later than
March 25, 2010. If you would like a copy of your material distributed
to each member of the committee in advance of the meeting, please
submit 25 copies to the DFO no later than March 25, 2010.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the DFO as soon as possible.

    Dated: March 8, 2010.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2010-5763 Filed 3-16-10; 8:45 am]
BILLING CODE 9110-04-P