[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Rules and Regulations]
[Page 40750-40753]
[DOCID:fr13au09-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0566; FRL-8939-2]

Revisions to the California State Implementation Plan, Great
Basin Unified Air Pollution Control District, Kern County Air Pollution
Control District, Mohave Desert Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the following actions: A disapproval of
revisions to the Great Basin Unified Air Pollution Control District
(GBUAPCD) portion of the California State Implementation Plan (SIP); a
limited approval and limited disapproval of revisions to the Kern
County Air Pollution Control District (KCAPCD) SIP; and, a limited
approval and limited disapproval of revisions to the Mohave Desert Air
Quality Management District (MDAQMD) SIP. These revisions concern
particulate matter (PM) emissions from fugitive dust sources. This
action was proposed in the Federal Register on November 18, 2008. Under
authority of the Clean Air Act as amended in 1990 (CAA or the Act),
this action directs California to correct rule deficiencies in GBUAPCD
Rule 401; and, this action simultaneously approves KCAPCD Rule 402 and
MDAQMD Rule 403.1 and directs California to correct the deficiencies
within these rules.

DATES: Effective Date: This rule is effective on September 14, 2009.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0566 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415)
947-4111<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On November 18, 2008 (73 FR 68369), EPA proposed to disapprove
GBUAPCD Rule 401. In this same action, EPA proposed a limited approval
and limited disapproval of KCAPCD Rule 402 and MDAQMD Rule 403.1. Table
1 lists the rules that California submitted for incorporation within
the SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency               Rule          Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD..............................            401    Fugitive Dust...........        12/04/06        05/08/07
KCAPCD...............................            402    Fugitive Dust...........        11/03/04        01/13/05
MDAQMD...............................            403.1  Fugitive Dust Control...        11/25/96        03/03/97
----------------------------------------------------------------------------------------------------------------

    We proposed to disapprove GBUAPCD Rule 401 because some provisions
do not satisfy the requirements of section 110 and part D of the Act.
These provisions are discussed below.
    1. The rule lacks a 20% opacity limit. GBUAPCD should either
incorporate or reference such a 20% opacity limit.
    2. The rule lacks a clear description of required control measures
for meeting the rule's opacity and property line PM emission limits.
GBUAPCD should also remove the ``reasonable precautions'' language.
    3. GBUAPCD should either provide a precise wind speed exemption
from the rule's emission standards, or delete the language concerning
``normal wind conditions''.
    4. GBUAPCD should remove director's discretionary language in
Section D.1.
    5. As specified by the PM-10 plan, GBUAPCD should define required
BACM provisions beyond those already adopted to reduce Owens dry
lakebed dust emissions, and specify an enforceable implementation
schedule.
    We proposed a limited approval of KCAPCD Rule 402 and MDAPCD Rule
403.1 because we determined that these rules improve the SIP and are
largely consistent with the relevant CAA requirements. We
simultaneously proposed a limited disapproval because some rule
provisions conflict with section 110 and part D of the Act.

    Regarding KCAPCD Rule 402, the provisions listed below conflict
with section 110 and part D of the Act and prevent full approval of the
SIP revision.
    1. The definitions for ``open storage piles'' and ``prevailing wind
direction'' contain instances of APCO discretion that should be
delimited by specific criteria for adjudicating the issues within these
definitions.
    2. The rule provides an overly broad exemption for agricultural
operations.
    3. The rule provides an overly broad exemption for actions required
by Federal or State endangered species legislation, or the Surface
Mining and Reclamation Act.
    4. The rule provides an overly broad exemption for public parks and
recreation areas such as county, State, and national parks, recreation
areas, forests, and monuments.
    5. The rule provides exemptions for contractors provided reasonably
available control measures were implemented prior to a contract
termination date and a final grading inspection. However, no records
are required to demonstrate implementation of reasonably available
control measures.
    6. Monitoring provisions are set aside for large operations for a
calendar quarter. This exemption from monitoring is not justified or
explained.
    7. The rule states that no visible emissions are allowed beyond the
property line of an active operation; however, the rule does not
specify an opacity limit and the test methods for determining
compliance for unpaved roads which are exempted from the property line
limit.
    8. The suggested reasonably available control measures for fugitive
dust listed in Table 1 are not specific and lack standards for
determining compliance and allied test methods.
    9. Large operations may set aside applying control measures if the
APCO concurs that ``special technical, e.g. non-economic
circumstances'' prevent control measure implementation. This exemption
is vague and allows for inappropriate Director's Discretion. KCAPCD
should define the circumstances that may prevent control measure
implementation and the criteria the APCO will use to decide these
issues.
    10. The rule should specify that all records demonstrating
compliance should be maintained for two years and made available to the
Control Officer upon request.
    Regarding Rule MDAQMD Rule 403.1, the provisions listed below
conflict with section 110 and part D of the Act and prevent full
approval of the SIP revision.
    1. The following terms should be defined: Brackish water, paved
roads used for industrial activity, Dust Control Plan, industrial
fugitive dust sources, industrial fugitive dust sources, and exterior
transfer lines.
    2. Sections C.2.(a)(i), C.2.(b)(i), C.2(d)(i), C.4(d)(i) state that
weekly brackish water treatments or biweekly sweeping and collection
are presumed to be sufficient for meeting the required Road Surface
Silt Loading standard. However, compliance with the rule's silt loading
standard needs to be confirmed by observations using the appropriate
test method.
    3. At Section C.4.(b), there is a requirement to permanently
eliminate 2,750 square feet of bulk material storage piles that were
exposed during 1990; however, it is unclear how this provision can be
enforced effectively given the lack of specificity within the rule
concerning these storage piles.
    4. Section C.5 does not provide a date certain by which the BLM and
the District jointly prepare a dust control plan that reduces BLM PM-10
emissions by at least 20 percent relative to 1990 levels.
    5. The exemption for agricultural operations at Section D(1)(a)
should be removed.
    6. In Section F.1(c), the rule should state explicitly what the
freeboard requirements are instead of incorporating the California
Vehicle Code by reference. Also, these requirements should be
incorporated within the appropriate paragraph in Section C.
    Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of these rules.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments on our proposed actions on
these rules. This comment period closed December 18, 2008.

III. EPA Action

    No comments were submitted sufficient to change our assessment of
these rules as described in our proposed action. Therefore, as
authorized in sections 110(k)(3) and 301(a) of the Act, EPA is
finalizing a disapproval of GBUAPCD Rule 401; this action will not
incorporate GBUAPCD Rule 401 into the SIP. Also, as authorized in
sections 110(k)(3) and 301(a) of the Act, we are finalizing a limited
approval and a limited disapproval of KCAPCD Rule 402 and MDAQMD Rule
403.1; these rules will be incorporated within the SIP, including those
provisions identified as deficient.
    In finalizing a disapproval of GBUAPCD Rule 401, our action will
not incorporate submitted GBUAPCD Rule 401 into the SIP, instead, it
will retain 1977 adopted rule within the SIP. We will not impose
sanctions, pursuant to section 179 of the Act, because Rule 401 is not
a required CAA submittal. Note that the submitted rule has been adopted
by the GBUAPCD, and EPA's final disapproval does not prevent the local
agency from enforcing it.
    With KCAPCD Rule 402, we will not impose sanctions under section
179 of the Act, because Rule 402 is not a required submittal under the
CAA and is not an essential Reasonably Available Control Measure (RACM)
under the Indian Wells Maintenance Plan. The submitted rule has been
adopted by the KCAPCD, and EPA's final limited disapproval does not
prevent the local agency from enforcing it.
    Regarding Rule 403.1, we will not impose sanctions under section
179 of the Act, because Rule 403.1 is not an essential RACM given the
ongoing clean data observed in the Trona subregion since 1992. The
submitted rule has been adopted by the MDAQMD, and EPA's final limited
disapproval does not prevent the local agency from enforcing it.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.

    This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it approves a
state rule implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective September 14, 2009.

K. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 13, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: May 12, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.

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

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c) (244)(i)(C)(2),
(335)(i)(E), and (350)(i)(A)(2) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (244) * * *
    (i) * * *
    (C) * * *
    (2) Rule 403.1, ``Fugitive Dust Control for the Searles Valley
Planning Area'', adopted on June 22, 1994 and amended on November 25,
1996.
* * * * *
    (335) * * *
    (i) * * *
    (E) Kern County Air Pollution Control District
    (1) Rule 402, ``Fugitive Dust'', adopted on November 29, 1993 and
amended on November 3, 2004.
* * * * *
    (350) * * *
    (i) * * *
    (A) * * *
    (2) Rule 401, ``Fugitive Dust'', adopted on September 5, 1974 and
amended on December 04, 2006.
* * * * *
[FR Doc. E9-19338 Filed 8-12-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20817-20819]
[FR Doc No: 2012-8209]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9656-5; EPA-HQ-ORD-2007-0664]

Integrated Risk Information System (IRIS); Announcement of
Availability of Literature Searches for IRIS Assessments

AGENCY: Environmental Protection Agency.

ACTION: Announcement of availability of literature searches for IRIS
assessments; request for information.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
the availability of literature searches for acetaldehyde (75-07-0) and
1,2,3-trimethlybenzene (526-73-8). EPA is requesting scientific
information on health effects that may result from exposure to these
chemical substances.

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.

DATES: EPA will accept information related to the specific substances
included herein as well as any other compounds being assessed by the
IRIS Program. Please submit any information in accordance with the
instructions provided below.

ADDRESSES: Please submit relevant scientific information identified by
docket ID number EPA-HQ-ORD-2007-0664, online at www.regulations.gov
(EPA's preferred method); by email to<EMAIL_ADDRESS>mailed to
Office of Environmental Information (OEI) Docket (Mail Code: 2822T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding
legal holidays. Information on a disk or CD-ROM should be formatted in
Word or as an ASCII file, avoiding the use of special characters and
any form of encryption, and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: For information on the IRIS program,
contact Karen Hammerstrom, IRIS Program Deputy Director, National
Center for Environmental Assessment, (mail code: 8601D), Office of
Research and Development, U.S. Environmental Protection Agency,
Washington, DC 20460; telephone:<PHONE_NUMBER>, facsimile: (703) 347-
8689; or email<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:

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 a site-specific situation and thereby support risk
management decisions designed to protect public health.
    This data call-in is an early step in the IRIS process. As
literature searches are completed, the results will be posted on the
IRIS Web site (http://www.epa.gov/iris). The public is invited to
review the literature search results and submit additional information
to EPA.
    EPA recently added 1,2,3-trimethylbenzene (TMB) to the IRIS agenda
to complete the set of three trimethylbenzene isomers. Two other
isomers of TMB are already included on the IRIS agenda and undergoing
review (1,2,4-TMB and 1,3,5-TMB). 1,2,3-TMB is often found in the
environment with 1,2,4 and 1,3,5-TMB. Given this situation, and in
response to comments received in the Agency Review and Interagency
Science Consultation for 1,2,4 and 1,3,5-TMB, EPA is adding 1,2,3-TMB
to the agenda and will conduct assessments of all three isomers at the
same time. Because the 1,2,4- and 1,3,5-TMB assessments are already
underway, EPA would appreciate notification of any additional
literature as soon as possible so that this information can be included
in the 1,2,3-TMB assessment prior to public comment and external peer
review.

Request for Public Involvement in IRIS Assessments

    EPA is soliciting public involvement in assessments on the IRIS
agenda. While EPA conducts a thorough literature search for each
chemical substance, there may be unpublished studies or other primary
technical sources that are not available through the open literature.
EPA would appreciate receiving scientific information from the public
during the information gathering stage for the assessments listed in
this notice or any other assessments on the IRIS agenda. Interested
persons may provide scientific analyses, studies, and other pertinent
scientific information. While EPA is primarily soliciting information
on new assessments, the public may submit information on any chemical
substance at any time.
    EPA is announcing the availability of additional literature
searches on the IRIS web site (www.epa.gov/iris). The public is invited
to review the literature search results and submit additional
information to EPA. Literature searches are now available for
acetaldehyde (75-07-0) and 1,2,3-trimethylbenzene (526-73-8) at
www.epa.gov/iris under ``IRIS Agenda and Literature Searches.'' When
viewing the literature search for 1,2,3-trimethylbenzene, reviewers
should also review the literature searches for 1,2,4 and 1,3,5-TMB as
some of the studies included in those searches also include data and
information on 1,2,3-TMB and will be considered in the 1,2,3-TMB
assessment. Instructions on how to submit information are provided
below under General Information.

General Information

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2007-
0664 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket,
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460. The phone number is 202-
566-1752.
     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's Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information. If you provide information
by mail or hand delivery, please submit one unbound original with pages
numbered consecutively, and three copies of the comments. For
attachments, provide an index, number pages consecutively with the main
text, and submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0664. 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 a comment includes information claimed to
be Confidential Business Information

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

    Dated: March 30, 2012.
Darrell A. Winner,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2012-8209 Filed 4-5-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Rules and Regulations]
[Pages 2333-2339]
[FR Doc No: 2013-00184]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R01-OAR-2012-0430; FRL-9697-2]

Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Asbestos Management and Control; State of New
Hampshire Department of Environmental Services

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Direct final rule.

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SUMMARY: Under the Clean Air Act (``CAA'') and Federal regulations
promulgated there under, the New Hampshire Department of Environmental
Services (``NH DES'') submitted a request for approval to implement and
enforce the readopted and re-codified ``Env-Sw 2100: Management and
Control of Asbestos Disposal Sites Not Operated after July 9, 1981,''
and the amended ``Env-A 1801-1807.01: Asbestos Management and
Control,'' (amended Asbestos Management Rules) in place of the National
Emission Standard for Asbestos (``Asbestos NESHAP''). EPA has reviewed
this request and has determined that the amended Asbestos Management
Rules satisfy the requirements necessary for approval. Thus, EPA is
hereby granting NH DES the authority to implement and enforce the
amended Asbestos Management Rules in place of the Asbestos NESHAP. This
approval makes NH DES's amended Asbestos Management Rules federally
enforceable.

DATES: This direct final rule will be effective March 12, 2013, unless
EPA receives adverse comments by February 11, 2013. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect. The incorporation by reference of certain publications
listed in the rule is approved by the Director of the Federal Register
as of March 12, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0430 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R01-OAR-2012-0430'', Ida E. McDonnell, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square (mail code OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier: Deliver your comments to: Ida
McDonnell, Manager, Air Permits, Toxics and Indoor Programs Unit,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
EPA New England Regional Office, 5 Post Office Square, 5th floor,
(OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0430. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (``CBI'') or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. EPA will forward
copies of all

submitted comments to the New Hampshire Department of Environmental
Services.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square, Boston, MA. EPA requests that if at all possible, you contact
the contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding legal
holidays.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics and
Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square (OEP05-2), Boston, MA 02109-3912, telephone number
(617) 918-1656, fax number<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever '' we,''
'' us,'' or '' our'' is used, we mean EPA. Organization of this
document. The following outline is provided to aid in locating
information in this preamble.

Table of Contents

I. Background and Purpose
II. What requirements must a state rule meet to substitute or adjust
a section 112 rule?
III. How will EPA determine equivalency for state alternative NESHAP
requirements?
IV. What changes did NH make to its asbestos disposal site rule?
V. What changes did NH make to its asbestos management and control
rule?
VI. What is EPA's action regarding NH DES's amended asbestos
management rules?
VII. Final Action
VIII. Judicial Review
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background and Purpose

    Under CAA section 112(l), EPA may approve state or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable Federal rules, emissions standards, or requirements. The
Federal regulations governing EPA's approval of state and local rules
or programs under section 112(l) are located at 40 CFR Part 63, Subpart
E. See 58 FR 62262 (November 26, 1993), as amended by 65 FR 55810
(September 14, 2000). Under these regulations, a state air pollution
control agency has the option to request EPA's approval to substitute a
state rule for the applicable Federal rule (e.g., the National Emission
Standards for Hazardous Air Pollutants). Upon approval by EPA, the
state agency is authorized to implement and enforce its rule in place
of the Federal rule.
    The Environmental Protection Agency (EPA) first promulgated
standards to regulate asbestos emissions on April 6, 1973 (see 38 FR
8826). These standards have since been amended several times and re-
codified in 40 CFR part 61, subpart M, ``National Emission Standard for
Asbestos'' (Asbestos NESHAP). On June 28, 2002, NH DES submitted a
partial rule substitution request to implement and enforce its
regulation Env-Wm 3900 titled ``Management and Control of Asbestos
Disposal Sites Not Operated After July 9, 1981'' (Asbestos Disposal
Site Rule) in lieu of some sections of the Asbestos NESHAP as they
apply to certain inactive waste disposal sites. On May 28, 2003, EPA
approved the Asbestos Disposal Site Rule as a partial rule substitution
for the provisions of the Asbestos NESHAP, under section 61.151, which
apply to inactive waste disposal sites not operated after July 9, 1981.
(See 68 FR 31611). On November 15, 2005 and January 10, 2006,
respectively, EPA received a request and a supplement from NH DES for a
rule adjustment to implement and enforce its regulation Env-A 1800
titled ``Asbestos Management and Control'' (Asbestos Management and
Control Rule) in lieu of the Asbestos NESHAP, except for inactive waste
disposal sites not operated after July 9, 1981. On November 28, 2006,
EPA approved the Asbestos Management and Control Rule as a rule
adjustment for the Asbestos NESHAP, except for inactive waste disposal
sites not operated after July 9, 1981.
    Under Section 63.91(e)(2), within 90 days of any state amendment,
repeal, or revision of any state rule approved as an alternative to a
Federal requirement, the state must provide EPA with a copy of the
revised authorities and request approval of the revised rule. In a
letter dated January 28, 2010, NH DES requested approval of its
readopted rules pertaining to inactive waste disposal sites in New
Hampshire. Specifically, NH DES requested that EPA approve its
readopted and re-codified rules in Env-Sw 2100 titled ``Management and
Control of Asbestos Sites Not Operated After July 9, 1981'' (amended
Asbestos Disposal Site Rule). On April 1, 2010, EPA determined that
NH's submittal was complete. In a letter dated February 25, 2011,
supplemented on September 16, 2011 and October 20, 2011, NH DES
requested approval of its amended rules pertaining to asbestos
management in New Hampshire. Specifically, NH DES requested approval of
its amended rules in Env-A 1800 titled ``Asbestos Management and
Control'', effective October 21, 2008, Sections 1801-1807, excluding
the following provisions: 1801.02(e), 1802.02, 1802.04, 1802.07-
1802.09, 1802.13, 1802.15-1802.17, 1802.28-1802.29, 1802.36, 1802.42,
1802.45, 1802.50, 1802.54, 1804.05-1804.09, and 1807.02 (amended
Asbestos Management and Control Rule). On November 16, 2011, EPA
determined that NH's submittal was complete.
    As explained below, EPA has reviewed the State's submissions and
determined that the amended Asbestos Disposal Site Rule and the amended
Asbestos Management and Control Rule are no less stringent than the
provisions of the Asbestos NESHAP. EPA is therefore approving NH DES's
requests to implement and enforce its readopted and re-codified rules
in Env-Sw 2100, ``Management and Control of Asbestos Disposal Sites Not
Operated After July 9, 1981,'' as a partial rule substitution for the
same provisions of 40 CFR 61.01 through 40 CFR 61.18 and 40 CFR 61.151
that were substituted by the predecessor rule Env-Wm 3900 on May 28,
2003. EPA is also approving NH DES's request to implement and enforce
its amended rules in Env-A 1800, ``Asbestos Management and Control'',
effective October 21, 2008, Sections 1801-1807, excluding the following

provisions: 1801.02(e), 1802.02, 1802.04, 1802.07-1802.09, 1802.13,
1802.15-1802.17, 1802.28-1802.29, 1802.36, 1802.42, 1802.45, 1802.50,
1802.54, 1804.05-1804.09, and 1807.02, as a rule adjustment for the
Asbestos NESHAP, except inactive waste disposal sites not operated
after July 9, 1981.
    In addition, in the Federal Register on May 13, 2009, EPA corrected
a sequential numbering error in 40 CFR 63.99. See 74 FR 22437. In this
rulemaking, paragraph (a)(29) of section 63.99, the subparagraph for
the state of New Hampshire, was redesignated as paragraph (a)(30).
However, the references to paragraph (a)(29) in the incorporation by
reference section 63.14(d)(5)(i) and (ii) were not corrected to refer
to paragraph (a)(30) at that time. Therefore, today's notice also
corrects the references in 40 CFR 63.14(d)(5) to appropriately refer to
paragraph (a)(30).

II. What requirements must a state rule meet to substitute or adjust a
section 112 rule?

    A state must demonstrate that it has satisfied the general
delegation/approval criteria contained in 40 CFR 63.91(d). The process
of providing ``up-front approval'' assures that a state has met the
delegation criteria in Section 112(l)(5) of the CAA (as codified in 40
CFR 63.91(d)), that is, that the state has demonstrated that its NESHAP
program contains adequate authorities to assure compliance with each
applicable Federal requirement, adequate resources for implementation,
and an expeditious compliance schedule. Under 40 CFR 63.91(d) (3),
interim or final Title V program approval satisfies the criteria set
forth in 40 CFR 63.91(d) for ``up-front approval.'' On September 24,
2001, EPA promulgated full approval of NH DES's operating permits
program. See 66 FR 48806. Accordingly, NH DES has satisfied the up-
front approval criteria of 40 CFR 63.91(d).
    Additionally, the ``rule substitution'' and ``rule adjustment''
options require EPA to make a detailed and thorough evaluation of the
state's submittal to ensure that it meets the stringency and other
requirements of 40 CFR 63.93 and 40 CFR 63.92, respectively. A rule
will be approved as a substitute if the state or local government
demonstrates: (1) The state and local rules contain applicability
criteria that are no less stringent than the corresponding Federal
rule; (2) the state and local rule requires levels of control and
compliance and enforcement measures that would achieve emission
reductions from each affected source that are no less stringent than
would result from the otherwise applicable Federal standard; (3) the
schedule for implementation and compliance is consistent with the
deadlines established in the otherwise applicable Federal rule; and (4)
the state requirements include additional compliance and enforcement
measures as specified in 40 CFR 63.93(b)(4). See 40 CFR 63.93(b). A
rule will be approved as an adjustment if the state or local government
demonstrates: (1) The public within the state has had adequate notice
and opportunity to submit written comments on the state requirements;
and (2) that each state adjustment to the Federal rule individually
results in requirements that are unequivocally no less stringent than
the applicable Federal rule regarding applicability and level of
control and compliance and enforcement measures for each affected
source and emission point and assure compliance by every affected
source no later than would be required by the Federal rule. See 40 CFR
63.92(b).
    After reviewing NH DES's amended Asbestos Management Rules and
equivalency demonstrations for the Asbestos NESHAP, as the rules apply
to sources in New Hampshire, EPA has determined these requests meet all
the requirements necessary for approval under CAA section 112(l) and 40
CFR 63.91, 63.92 and 63.93.

III. How will EPA determine equivalency for state alternative NESHAP
requirements?

    Before we can approve alternative requirements in place of a part
63 emissions standard, the state must submit to us detailed information
that demonstrates how the alternative requirements compare with the
otherwise applicable Federal standard. Under 40 CFR part 63 subpart E,
the level of control in the state rule must be at least as stringent as
the level of control in the Federal rule. For a rule adjustment, each
adjustment taken individually must be no less stringent than the
corresponding requirement in our standard. In addition, in order for
equivalency to be granted for a rule substitution, the level of control
and compliance and enforcement measures (monitoring, reporting and
recordkeeping (``MRR'')) of the state rule, taken together as a whole,
must be equivalent to the level of control and MRR of the Federal rule,
taken together as a whole. A detailed discussion of how EPA will
determine equivalency under the rule substitution option for state
alternative NESHAP requirements is provided in the preamble to EPA's
proposed Subpart E amendments on January 12, 1999. See 64 FR 1908.

IV. What changes did NH make to its asbestos disposal site rule?

    The NH DES recently completed the process of readopting expiring
administrative rules pertaining to management of certain inactive
asbestos sites in New Hampshire. These rules, known as the Asbestos
Disposal Site Rule, had been previously approved by the EPA in 2003,
under the provisions of 40 CFR 63.93, as a substitute for certain
requirements in the Asbestos NESHAP (see 68 FR 31611, May 28, 2003).
The Asbestos Disposal Site Rule, originally codified as Env-Wm 3900,
became re-designated editorially in 2008, with a new subtitle, as Env-
Sw 2100, pursuant to a state approved reorganization plan for NH DES
rules. The Env-Sw 2100 rules were set to expire on February 16, 2010.
On January 26, 2010, with an effective date of February 16, 2010, NH
readopted the Env-Sw 2100 rules with minor amendments (amended Asbestos
Disposal Site Rule). No substantive changes were made to the rules. The
changes to the regulations include the following: (1) In 2005, NH DES
enacted legislation to transfer the portions of the asbestos control
program that had been at the NH Department of Health and Human Services
(DHHS) to NH DES. In the amended Asbestos Disposal Site Rule,
references to DHHS were updated accordingly; and (2) In 2008, NH DES
consolidated the former DHHS rules into Env-A 1800 from He-P 5000. In
the amended Asbestos Disposal Site Rule, references to He-P 5000 were
updated accordingly.

V. What changes did NH make to its asbestos management and control
rule?

    On October 28, 2008, NH DES readopted the Asbestos Management and
Control Rule Env-A 1800 (amended Asbestos Management and Control Rule)
and incorporated the state's asbestos licensing rules, which were
previously codified in He-P 5000. NH DES is not requesting approval of
the amended sections of Env-A 1800 which incorporate the asbestos
licensing rules and are unrelated to the Asbestos NESHAP. In readopting
Env-A 1800, NH DES also made some changes to Env-A 1800 editorial in
nature, intended to clarify rather than substantially amend the
Asbestos Management and Control Rule. As in the original approved rule,
the amended Asbestos Management and Control Rule continues to
incorporate most, but not all, of the Asbestos NESHAP into Section
1807.01. The only changes to the Asbestos NESHAP incorporation by
reference section 1807.01 are the following: (1) NH

revised the reference to the NH Statute; (2) NH updated the
incorporation by reference date to the version of the Asbestos NESHAP
rule in the July 2007 Code of Federal Regulations; and (3) NH changed
the term ``owner/operator'' to the acronym ``O/O''. The November 28,
2006 Federal Register Notice contains a more detailed discussion of the
differences between the Asbestos Management and Control Rule and the
Asbestos NESHAP.

VI. What is EPA's action regarding NH DES's amended asbestos management
rules?

    After reviewing the request for approval of NH DES's amended
Asbestos Disposal Site Rule, and NH DES's amended Asbestos Management
and Control rule, EPA has determined that these requests meet all of
the requirements necessary to qualify for partial rule substitution
approval and rule adjustment approval under CAA section 112(l) and 40
CFR 63.91, 63.92, and 63.93. EPA has determined that NH DES's amended
Asbestos Disposal Site Rule is equivalent to or not less stringent than
the Asbestos NESHAP, as it applies to inactive waste disposal sites not
operated after July 9, 1981. EPA has also determined that NH DES's
amended Asbestos Management and Control Rule is equivalent to or not
less stringent than the Asbestos NESHAP, as it applies to sources
except for inactive waste disposal sites not operated after July 9,
1981. Therefore, EPA hereby approves NH DES's amended Asbestos
Management Rules to be used in place of the Asbestos NESHAP. As of the
effective date of this action, NH DES's amended Asbestos Disposal Site
Rule and NH DES's amended Asbestos Management and Control Rule are
enforceable by the EPA and citizens under the CAA. Although NH DES has
primary implementation and enforcement responsibility, EPA retains the
right, pursuant to CAA section 112(l)(7), to enforce any applicable
emission standard or requirement under CAA section 112.

VII. Final Action

    The EPA is approving NH's readopted and re-codified rules in Env-Sw
2100, ``Management and Control of Asbestos Disposal Sites Not Operated
After July 9, 1981,'' effective as of February 16, 2010, as a partial
rule substitution for the Asbestos NESHAP, as it applies to those
inactive waste disposal sites not operating after July 9, 1981, that
are subject to 40 CFR 61.151 in New Hampshire. The EPA is also
approving NH DES's amended rules in Env-A 1800, ``Asbestos Management
and Control'', effective October 21, 2008, Sections 1801-1807,
excluding the following provisions: 1801.02(e), 1802.02, 1802.04,
1802.07-1802.09, 1802.13, 1802.15-1802.17, 1802.28-1802.29, 1802.36,
1802.42, 1802.45, 1802.50, 1802.54, 1804.05-1804.09, and 1807.02, as a
rule adjustment for the Asbestos NESHAP except for inactive waste
disposal sites not operating after July 9, 1981. The EPA is publishing
this action without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in the proposed rules section of this Federal Register
publication, EPA is publishing a separate document that will serve as
the proposal to approve the rule revision should relevant adverse
comments be filed. This rule will be effective March 12, 2013 without
further notice unless the Agency receives relevant adverse comments by
February 11, 2013.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the direct final rule and informing the public that the
direct final rule will not take effect. All public comments received
will then be addressed in a subsequent final rule based on the proposed
rule. The EPA will not institute a second comment period on the
proposed rule. All parties interested in commenting on the proposed
rule should do so at this time. If no such comments are received, the
public is advised that this rule will be effective on March 12, 2013
and no further action will be taken on the proposed rule. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.

VIII. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the United States Court of Appeals for the appropriate circuit by March
12, 2013. Under CAA section 307(b)(2), the requirements established by
this final rule may not be challenged separately in any civil or
criminal proceedings brought by EPA to enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for us to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Regional Administrator, U.S. Environmental Protection Agency, EPA
New England Regional Office, 5 Post Office Square, (ORA 01-4), Boston,
MA 02109-3912, with a copy to the person(s) listed in the preceding FOR
FURTHER INFORMATION CONTACT section, and the Regional Counsel, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square, (ORA 18-1), Boston, MA 02109-3912. Filing a
petition for reconsideration by the Administrator of this final rule
under CAA section 307(d)(7)(B) does not affect the finality of this
rule for the purposes of judicial review, does not extend the time
within which a petition for judicial review may be filed, and does not
postpone the effectiveness of the rule.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action approves equivalent state requirements in place of
Federal requirements under CAA section 112(l). This type of action is
exempt from review under EO 12866.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action allows the state of
New Hampshire to implement equivalent state requirements in lieu of
pre-existing Federal requirements as applied only to certain asbestos-
emitting activities. Thus, this action does not require any person to
submit information.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant

economic impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and small governmental jurisdictions. For purposes of assessing the
impacts of today's rule on small entities, small entity is defined as:
(1) A small business that meets the Small Business Administration size
standards found at 13 CFR 121.201, (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000, and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not have a significant impact on a substantial number of
small entities because approvals under CAA section 112(l) and 40 CFR
63.92 and 40 CFR 63.93 do not create any new requirements. Such
approvals simply allow a state to implement and enforce equivalent
requirements in place of the Federal requirements that EPA is already
imposing.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments. This action allows the state of
New Hampshire to implement equivalent state requirements in lieu of
pre-existing Federal requirements as applied only to certain asbestos-
emitting activities. Thus, this action does not significantly or
uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action simply allows New
Hampshire to implement equivalent alternative requirements to replace a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Government

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
allows the state of New Hampshire to implement equivalent state
requirements in lieu of pre-existing Federal requirements as applied
only to certain asbestos-emitting activities. This action will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it approves a state program such that it allows the state
of New Hampshire to implement equivalent state requirements in lieu of
pre-existing Federal requirements as applied only to certain asbestos-
emitting activities.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action allows the state of New Hampshire to implement
equivalent state requirements in lieu of pre-existing Federal
requirements as applied only to certain asbestos-emitting activities.
The state requirements contain standards that are at least equivalent
to the federal standards; thus, we anticipate only a positive impact
from this action.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in

the Federal Register. A Major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective March 12, 2013.

List of Subjects in 40 CFR Parts 61 and 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Authority:  This action is issued under the authority of section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: December 19, 2012.
Ira Leighton,
Acting Regional Administrator, EPA-New England.

    Therefore, 40 CFR parts 61 and 63 are amended as follows:

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
1. The authority citation for parts 61 and part 63 continues to read as
follows:

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

Subpart A--General Provisions

0
2. Section 61.04 is amended by revising paragraph (c)(1) to read as
follows:

Sec.  61.04  Address.

    (c) * * *
    (1)(i) Inactive waste disposal sites not operated after July 9,
1981 within the state of New Hampshire must comply with the New
Hampshire Regulations at Env-Sw 2100: Management and Control of
Asbestos Disposal Sites Not Operated after July 9, 1981, effective
February 16, 2010 (incorporated by reference, see Sec.  61.18).
    (ii) The remainder of the sources subject to the Part 61 Subpart M
Asbestos provisions, except for those listed under paragraph (c)(1)(i)
of this section, must comply with the New Hampshire Regulations at Env-
A 1800, Asbestos Management and Control, effective October 21, 2008,
Sections 1801-1807, excluding the following provisions: 1801.02(e),
1802.02, 1802.04, 1802.07-1802.09, 1802.13, 1802.15-1802.17, 1802.28-
1802.29, 1802.36, 1802.42, 1802.45, 1802.50, 1802.54, 1804.05-1804.09,
and 1807.02 (incorporated by reference, see Sec.  61.18).
* * * * *

0
3. Section 61.18 is amended by revising paragraph (e)(1) to read as
follows:

Sec.  61.18  Incorporation by reference.

* * * * *
    (e) State and Local Requirements. The following materials listed
below are available at the Air and Radiation Docket and Information
Center, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone
number<PHONE_NUMBER>.
    (1)(i) New Hampshire Regulations at Env-Sw 2100, Management and
Control of Asbestos Disposal Sites Not Operated after July 9, 1981,
effective February 16, 2010 (including a letter from Thomas S. Burack,
Commissioner, Department of Environmental Services, State of New
Hampshire, to Carol J. Holahan, Director, Office of Legislative
Services, dated February 12, 2010, certifying that the enclosed rule,
Env-Sw 2100, is the official version of this rule). Incorporation By
Reference approved for Sec.  61.04(c).
    (ii) New Hampshire Regulations at Env-A 1800, Asbestos Management
and Control, effective October 21, 2008, Sections 1801-1807, excluding
the following provisions: 1801.02(e), 1802.02, 1802.04, 1802.07-
1802.09, 1802.13, 1802.15-1802.17, 1802.28-1802.29, 1802.36, 1802.42,
1802.45, 1802.50, 1802.54, 1804.05-1804.09, 1807.02 (including a letter
from Thomas S. Burack, Commissioner, Department of Environmental
Services, State of New Hampshire, to Carol J. Holahan, Director, Office
of Legislative Services, dated November 14, 2008, certifying that the
enclosed rule, Env-A 1800, is the official version of this rule).
Incorporation By Reference approved for Sec.  61.04(c).
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

Subpart A--General Provisions

0
4. Section 63.14 is amended by revising paragraph (d)(5) to read as
follows:

Sec.  63.14  Incorporation by reference.

* * * * *
    (d) * * *
    (5)(i) New Hampshire Regulations at Env-Sw 2100, Management and
Control of Asbestos Disposal Sites Not Operated after July 9, 1981,
effective February 16, 2010 (including a letter from Thomas S. Burack,
Commissioner, Department of Environmental Services, State of New
Hampshire, to Carol J. Holahan, Director, Office of Legislative
Services, dated February 12, 2010, certifying that the enclosed rule,
Env-Sw 2100, is the official version of this rule). Incorporation By
Reference approved for Sec.  63.99(a).
    (ii) New Hampshire Regulations at Env-A 1800, Asbestos Management
and Control, effective October 21, 2008, Sections 1801-1807, excluding
the following provisions: 1801.02(e), 1802.02, 1802.04, 1802.07-
1802.09, 1802.13, 1802.15-1802.17, 1802.28-1802.29, 1802.36, 1802.42,
1802.45, 1802.50, 1802.54, 1804.05-1804.09, 1807.02 (including a letter
from Thomas S. Burack, Commissioner, Department of Environmental
Services, State of New Hampshire, to Carol J. Holahan, Director, Office
of Legislative Services, dated November 14, 2008, certifying that the
enclosed rule, Env-A 1800, is the official version of this rule).
Incorporation By Reference approved for Sec.  63.99(a).
* * * * *

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

0
5. Section 63.99 is amended by revising paragraphs (a)(30)(iii) and
(iv) to read as follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (30) * * *
    (iii) Affected inactive waste disposal sites not operated after
July 9, 1981 within New Hampshire must comply with New Hampshire
Regulations Applicable to Hazardous Air Pollutants (incorporated by
reference as specified in Sec.  63.14(d)) as described in paragraph
(a)(30)(iii)(A) of this section:
    (A) The material incorporated into the New Hampshire Regulations at
Env-Sw 2100: Management and Control of Asbestos Disposal Sites Not
Operated after July 9, 1981, effective February 16, 2010, pertaining to
inactive waste disposal sites not operated after July 9, 1981 in the
State of New Hampshire's jurisdiction, and has been approved under the
procedures in 40 CFR Part 63.93 to be implemented and enforced in place
of the Federal NESHAPs for Inactive Waste Disposal Sites (40 CFR
61.151).
    (B) [RESERVED]
    (iv) Affected asbestos facilities (i.e., facilities found under 40
CFR Part 61, subpart M, except those listed under paragraph
(a)(30)(iii)) of this section) must comply with New Hampshire
Regulations Applicable to Hazardous Air Pollutants (incorporated by
reference as specified in Sec.  63.14(d)) as described in paragraph
(a)(30)(iv)(A) of this section:

    (A) The material incorporated into the New Hampshire Regulations at
Env-A 1800, Asbestos Management and Control, effective October 21,
2008, Sections 1801-1807, excluding the following provisions:
1801.02(e), 1802.02, 1802.04, 1802.07-1802.09, 1802.13, 1802.15-
1802.17, 1802.28-1802.29, 1802.36, 1802.42, 1802.45, 1802.50, 1802.54,
1804.05-1804.09, and 1807.02, pertaining to those affected sources in
the State of New Hampshire's jurisdiction, and has been approved under
the procedures in 40 CFR 63.92 to be implemented and enforced in place
of the federal NESHAPs found at 40 CFR part 61, subpart M (except those
listed under paragraph (a)(30)(iii) of this section).
    (B) [RESERVED]
* * * * *
[FR Doc. 2013-00184 Filed 1-10-13; 8:45 am]
BILLING CODE P


[Federal Register: January 12, 2010 (Volume 75, Number 7)]
[Rules and Regulations]
[Page 1538-1540]
[DOCID:fr12ja10-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1230; Directorate Identifier 2009-NM-088-AD;
Amendment 39-16165; AD 2010-01-07]
RIN 2120-AA64

Airworthiness Directives; Airbus (Type Certificate Previously
Held by Airbus Industrie) Model A340-200, -300, -500, and -600 Series
Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
* * * * *
    * * * Revision 00 of AIRBUS A340 ALS [Airworthiness Limitations
Section] Part 3:

--adds new CMR (Certification Maintenance Requirements) tasks
associated with modifications,
--revises the applicability of some CMR tasks,
--revises some CMR tasks with increased intervals,
--revises a CMR task with a more restrictive interval,
--deletes CMR task 282300-B0002-1-C * * *.
    Some of those changes constitute more restrictive requirements
for aeroplane configuration already in service. Failure to comply
with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an
unsafe condition.
* * * * *
The unsafe condition is a safety-significant latent failures that
would, in combination with one or more other specific failures or
events, result in a hazardous or catastrophic failure condition. This
AD requires actions that are intended to address the unsafe condition
described in the MCAI.

DATES: This AD becomes effective January 27, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 27,
2010.
    We must receive comments on this AD by February 26, 2010.

ADDRESSES: You may send comments 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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this 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: Vladimir Ulyanov, International
Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0098, dated April 22, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The Certification Maintenance Requirements (CMR) were given in
the AIRBUS A340 CMR Document reference 955.3019/92 up to revision
15, which was mandated by EASA AD 2007-0240, and referenced in the
Airworthiness Limitations Section (ALS) Part 3. The content of the
CMR Document has been recently transferred into the ALS Part 3
Revision 00, which is

approved by the European Aviation Safety Agency (EASA).
    This Revision 00 of AIRBUS A340 ALS Part 3:

--adds new CMR tasks associated with modifications,
--revises the applicability of some CMR tasks,
--revises some CMR tasks with increased intervals,
--revises a CMR task with a more restrictive interval,
--deletes CMR task 282300-B0002-1-C which is the subject of EASA AD
2007-0279.

    Some of those changes constitute more restrictive requirements
for aeroplane configuration already in service. Failure to comply
with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an
unsafe condition. This new AD * * * requires the implementation of
Revision 00 of AIRBUS A340 ALS Part 3.

The unsafe condition is a safety-significant latent failures that
would, in combination with one or more other specific failures or
events, result in a hazardous or catastrophic failure condition. This
AD requires revising the ALS of the Instructions for Continued
Airworthiness by incorporating new and revised CMRs. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A340 ALS, Part 3--Certification Maintenance
Requirements (CMR), Revision 00, including Appendices 1 and 2, dated
July 31, 2008. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1230; Directorate
Identifier 2009-NM-088-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-01-07 Airbus (Type Certificate Previously Held by Airbus
Industrie): Amendment 39-16165. Docket No. FAA-2009-1230;
Directorate Identifier 2009-NM-088-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
27, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus (Type Certificate previously
held by Airbus Industrie) Model A340-211, -212, -213, -311, -312, -
313, -541, and -642 series airplanes; certificated in any category;
all serial numbers.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529-1.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:

    The Certification Maintenance Requirements (CMR) were given in
the AIRBUS A340 CMR Document reference 955.3019/92 up to revision
15, which was mandated by EASA AD 2007-0240, and referenced in the
Airworthiness Limitations Section (ALS) Part 3. The content of the
CMR Document has been recently transferred into the ALS Part 3
Revision 00, which is approved by the European Aviation Safety
Agency (EASA).
    This Revision 00 of AIRBUS A340 ALS Part 3:

--adds new CMR tasks associated with modifications,
--revises the applicability of some CMR tasks,
--revises some CMR tasks with increased intervals,
--revises a CMR task with a more restrictive interval,
--deletes CMR task 282300-B0002-1-C which is the subject of EASA AD
2007-0279.

    Some of those changes constitute more restrictive requirements
for aeroplane configuration already in service. Failure to comply
with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an
unsafe condition. This new AD * * * requires the implementation of
Revision 00 of AIRBUS A340 ALS Part 3.
    The unsafe condition is a safety-significant latent failure that
would, in combination with one or more other specific failures or
events, result in a hazardous or catastrophic failure condition.
This AD requires revising the ALS of the Instructions for Continued
Airworthiness by incorporating new and revised CMRs.

Actions and Compliance

    (f) Unless already done, within 3 months after the effective
date of this AD, revise the ALS of the Instructions for Continued
Airworthiness by incorporating Airbus A340 ALS, Part 3--
Certification Maintenance Requirements (CMR), Revision 00, dated
July 31, 2008 (``ALS, Part 3''). Accomplish the actions specified in
the ALS, Part 3, at the times specified in the ALS, Part 3, and in
accordance with the ALS, Part 3, except as provided by paragraphs
(f)(1) and (f)(2) of this AD.
    (1) Count the associated interval for any new task from the
effective date of this AD, except that Airbus A340 CMR Task 212100-
00001-1-C must be performed at the later of the times specified in
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Before the accumulation of 2,600 total flight hours since
the date of issuance of the original French airworthiness
certificate or the date of issuance of the original French or EASA
export certificate of airworthiness.
    (ii) Within 800 flight hours or 3 months, whichever comes first,
after the approval date of Revision 00 of the ALS, Part 3.
    (2) Count the associated interval for any revised task from the
previous performance of the task.
    (3) Doing the revision required by paragraph (f) of this AD
terminates the requirements of paragraph (f) of AD 2007-05-08,
Amendment 39-14969, for that airplane only.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) 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. Send information to ATTN:
Vladimir Ulyanov, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2009-0098, dated April 22, 2009;
and Airbus A340 ALS, Part 3--Certification Maintenance Requirements
(CMR), Revision 00, dated July 31, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus A340 ALS, Part 3--Certification
Maintenance Requirements (CMR), Revision 00, including Appendices 1
and 2, dated July 31, 2008, to do the actions required by this AD,
unless the AD specifies otherwise. (The title page of this document
does not specify a revision date; the revision date is specified on
all other pages of the document. Only the title page and the Record
of Revisions specify the revision level of this document.)
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80, e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on December 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-31287 Filed 1-11-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Page 38553]
[FR Doc No: 2019-16795]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0674]

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce safety zones for the Fireworks at
Pier Wisconsin in Milwaukee, WI and for the Sister Bay Marinafest
Fireworks on August 31, 2019 from 8:30 p.m. through 10 p.m. to provide
for the safety of life on navigable waterways during these events.
During each enforcement period, no person or vessel may enter the
respective safety zone without the permission of the Captain of the
Port Lake Michigan

DATES: The regulations in 33 CFR 165.929 Table 165.929 listed as
(e)(46) and (g)(3) will be enforced from 8:30 p.m. through 10 p.m. on
August 31, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Chief Petty Officer Kyle Weitzell,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zones; Annual Events in the Captain of the Port Lake Michigan zone
listed in 33 CFR 165.929 for the following events:
    (1) Fireworks at Pier Wisconsin, Milwaukee, WI; The safety zone
listed in Table 165.929(e)(46) will be enforced for all waters of
Milwaukee Harbor including Lakeshore Inlet and the marina at Pier
Wisconsin within the arc of a circle with a 300-foot radius from the
fireworks launch site on Pier Wisconsin located in approximate position
43[deg]02.178' N, 087[deg]53.625' W from 8:30 p.m. through 10 p.m. on
August 31, 2019.
    (2) Sister Bay Marinafest Fireworks, Sister Bay, WI; The safety
zone listed in Table 165.929(g)(3) will be enforced for all waters of
Sister Bay within an 800-foot radius of position 45[deg]11.585' N,
087[deg]07.392' W from 8:30 p.m. through 10 p.m. on August 31, 2019.
    This action is being taken to provide for the safety of life on
navigable waterways during these annually recurring fireworks events.
During the enforcement periods, as reflected in Sec.  165.929(a)(3), if
you are the operator of a vessel in the regulated area you must comply
with directions from the Patrol Commander or any Official Patrol
displaying a Coast Guard ensign. Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the safety zones during an enforcement
period is prohibited unless authorized by the Captain of the Port Lake
Michigan or a designated representative. Those seeking permission to
enter the safety zones may request permission from the Captain of Port
Lake Michigan via channel 16, VHF-FM.
    This notice of enforcement is issued under authority of 33 CFR
165.929 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard will provide the maritime
community with advance notification of this enforcement period via
Broadcast Notice to Mariners or Local Notice to Mariners. If the
Captain of the Port Lake Michigan determines that the safety zone need
not be enforced for the full duration stated in this notice he or she
may use a Broadcast Notice to Mariners to grant general permission to
enter the respective safety zone.

    Dated: July 31, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2019-16795 Filed 8-6-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60533-60534]
[FR Doc No: 2018-25687]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Interactive Data, SEC File No. 270-330, OMB Control No. 3235-
0645.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The ``Interactive Data'' collection of information requires issuers
filing registration statements under the Securities Act of 1933 (15
U.S.C. 77a et seq.) and reports under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) to submit specified financial information
to the Commission and post it on their corporate websites, if any, in
interactive data format using eXtensible Business Reporting Language
(XBRL). This collection of information is located primarily in
registration statement and report exhibit provisions, which require
interactive data, and Rule 405 of Regulation S-T (17 CFR 232.405),
which specifies how to submit and post interactive data. The exhibit
provisions are in Item 601(b)(101) of Regulation S-K (17 CFR
229.601(b)(101), F-10 under the Securities Act (17 CFR 239.40) and
Forms 20-F, 40-F and 6-K under the Exchange Act (17 CFR 249.220f, 17
CFR 249.240f and 17 CFR 249.306).
    In interactive data format, financial statement information could
be downloaded directly into spreedsheets and analyzed in a variety of
ways using commercial off-the-shelf software. The specified financial
information already is and will continue to be required to be submitted
to the Commission in traditional format under existing requirements.
The purpose of the interactive data requirement is to make financial
information easier for investors to analyze and assist issuers in
automating regulatory filings and business information processing. We
estimate that 10,229 respondents per year will each submit an average
of 4.5 reponses per year for an estimated total of 46,031 responses. We
further estimate an internal burden of 59 hours per

response for a total annual internal burden of 2,715,829 hours (59
hours per response x 46,031 responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Candace Kenner, 100 F Street NE, Washington, DC 20549 or send an
email to: [email protected]v.

    Dated: November 20, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25687 Filed 11-23-18; 8:45 am]
 BILLING CODE 8011-01-P