[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Proposed Rules]
[Pages 62303-62309]
[FR Doc No: 2023-19463]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0056; FRL-11369-01-R4]

Air Plan Approval; FL; Miscellaneous SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Florida State Implementation Plan (SIP) revision, submitted
by the State of Florida through the Florida Department of Environmental
Protection (FDEP) on April 1, 2022. The SIP revision revises multiple
stationary source rules in Florida's SIP with substantive and minor
changes throughout. EPA is proposing to approve these changes pursuant
to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before October 11, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0056 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be
reached via phone number<PHONE_NUMBER> or via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is proposing to approve certain changes to the Florida SIP that
were submitted by FDEP on April 1, 2022. Specifically, EPA is proposing
to approve changes to Rules 62-296.414, Florida Administrative Code
(F.A.C.), Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal
Treatment Facilities; 62-296.418, F.A.C., Bulk Gasoline Plants; 62-
296.500, F.A.C., Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting
Facilities; 62-296.501, F.A.C., Can Coating; 62-296.502, F.A.C., Coil
Coating; 62-296.503, F.A.C., Paper Coating; 62-296.504, F.A.C., Fabric
and Vinyl Coating; 62-296.505, F.A.C., Metal Furniture Coating; 62-
296.506, F.A.C., Surface Coating of Large Appliances; 62-296.507,
F.A.C., Magnet Wire Coating; 62-296.508, F.A.C., Petroleum Liquid
Storage; 62-296.510, F.A.C., Bulk Gasoline Terminals; 62-296.511,
F.A.C., Solvent Metal Cleaning; 62-296.512, F.A.C., Cutback Asphalt;
62-296.513, F.A.C., Surface Coating of Miscellaneous Metal Parts and
Products; 62-296.514, F.A.C., Surface Coating of Flat Wood Paneling;
62-296.515, F.A.C., Graphic Arts Systems; and 62-296.516, F.A.C.,
Petroleum Liquid Storage Tanks with External Floating Roofs.\1\
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    \1\ The April 1, 2022, submittal transmits several changes to
other Florida SIP-approved rules. These changes are not addressed in
this notice and will be considered by EPA in separate rulemakings.
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II. EPA's Analysis of Florida's April 1, 2022, SIP Revision

A. Rule 62-296.414, Concrete Batching Plants

    Florida's April 1, 2022, SIP revision updates Rule 62-296.414,
Concrete Batching Plants, with one change to a cross-reference, several
language edits, and an adjustment to one timing requirement.
    First, the SIP revision changes one cross-reference in subparagraph
(3)(a) to reflect that EPA Method 9 is now found in 40 CFR part 60,
Appendix A-4. Previously, the rule indicated that EPA Method 9 could be
found in 40 CFR part 60, Appendix A generally. EPA is proposing to
approve this change since it specifies which section of Appendix A
houses EPA Method 9.
    The SIP revision also makes several language edits. One language
change eliminates the unnecessary phrase ``new and existing'' from the
introductory paragraph of the rule to describe emissions units. The
rule applies to all emissions units producing concrete and concrete
products by batching or mixing cement and other materials, and the
change merely simplifies the text. Another edit in subparagraphs (4)(a)
and (4)(b) changes language to specify that visible emissions testing
must be conducted for ``stack emissions referenced in subsection 62-
296.414(1), F.A.C.'' rather than ``for each dust collector exhaust
point.'' This change broadens the scope of the rule by requiring
visible emissions tests to be performed at any emission point on a
stack that is appropriate per the required testing method, rather than
only at a dust collector exhaust point. One last language change in
subparagraph (4)(b) replaces the word ``performance'' with ``visible
emissions'' in the phrase ``performance test.'' This change is
clarifying in nature as the performance test for this rule has always
been a visible emissions test, so the language does not alter any
applicable requirements.
    Finally, the SIP revision has changed a timing requirement that
specifies how soon a visible emissions test must be performed within
the commencement of initial operation. The SIP revision changes the
requirement for a visible emissions test to be performed within 30 days
of commencing ``initial'' operation to 60 days. FDEP explains that it
is making this change because it is

more logistically practicable for a subject source to perform the test
in 60 days instead of the first 30 days. EPA agrees with the State,
does not expect a difference in emissions between a test result
performed within the first 30 days in comparison to one performed
within the second set of 30 days that would interfere with any
applicable CAA requirement, and notes that the emissions limitations in
paragraphs (1) and (2) immediately apply to subject sources.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and reasonable further progress (RFP) or any
other applicable requirement of the Act.\2\ Therefore, EPA is proposing
to approve the aforementioned changes to Rule 62-296.414 into the
Florida SIP.
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    \2\ See CAA Section 110(l).
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B. Rule 62-296.415, Soil Thermal Treatment Facilities

    Florida's April 1, 2022, SIP revision updates Rule 62-296.415, Soil
Thermal Treatment Facilities, with two language edits, several cross-
reference changes, and the removal of one obsolete compliance date.
    The SIP revision makes two language edits to Rule 62-296.415.
First, the introductory paragraph to the rule has been revised to
change the word ``section'' to ``rule'' in describing Rule 62-296.415.
EPA is proposing to accept this change because it is consistent with
the nomenclature used in Florida's regulations. Second, Rule 62-296.415
was revised to eliminate the unnecessary phrase ``new, modified, and
existing'' because all soil thermal treatment facilities covered by the
rule are either new or existing. Therefore, the removal of this phrase
merely simplifies the text.
    In addition to the language changes, Florida has revised the rule
to update several cross-references. In subsection (1)(b) the rule
citation for requiring a continuous emission monitor was changed from
``Rule 62-297.500, F.A.C.,'' to ``Subsection 62-296.415(6), F.A.C.,''
due to the repeal of Rule 62-297.500. Because Florida repealed Rule 62-
297.500 and it is not a part of the Florida SIP, this cross-reference
does not function in its current form. The new cross-reference is to an
applicable section within Rule 62-296.415, which is a SIP-approved
rule. EPA is proposing to approve this revision because owners and
operators of soil thermal treatment facilities will now be subject to
specific continuous emissions monitoring requirements for carbon
monoxide. The SIP revision also revises a cross-reference in subsection
(4). Specifically, the revision changes the applicable rule citation
for unconfined emissions of soil thermal treatment facilities from Rule
62-296.310 to Rule 62-296.320. Similar to the change in subsection
(1)(b), this cross-referenced rule has been repealed and is not a part
of the Florida SIP, so the cross-reference does not function in its
current form. The new cross-reference is to a SIP-approved rule
containing the applicable requirements for controlling unconfined
emissions of particulate matter at soil thermal treatment facilities.
EPA is proposing to approve this change because owners and operators of
soil thermal treatment facilities will now be subject to specific rules
to control unconfined emissions of particulate matter. Another change
adds language to subparagraphs (5)(a)-(5)(c) to specify which section
in 40 CFR part 60, Appendix A describes the respective federally
approved test methods cited in each subparagraph. The changes also add
that the State has adopted and incorporated by reference the EPA test
methods at Rule 62-204.800.\3\ The new reference to Rule 62-204.800
replaces a reference to the test methods incorporated and adopted by
reference generally into Chapter 62-297. EPA test methods were
previously adopted by reference in Rule 62-297.401. Rule 62-297.401 was
repealed from the State rules on July 19, 2014, and EPA removed it from
the SIP on April 2, 2018. See 83 FR 13875. Because Florida repealed
Rule 62-297.401 and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.800 which adopts and incorporates by
reference EPA test methods. EPA is proposing to approve this revision
because owners and operators of soil thermal treatment facilities will
be subject to the requirements outlined in applicable EPA test methods.
EPA proposes to accept these changes because they correct and specify
multiple cross-references in the rule.
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    \3\ Rule 62-204.800 adopts and incorporates by reference federal
rules cited throughout FDEP's air pollution rules.
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    Finally, the SIP revision eliminates an obsolete compliance date in
the introductory paragraph for Rule 62-296.415. Currently, the
introductory paragraph requires that all facilities comply with the
requirements in Rule 62-296.415 by December 1, 1992. Since this
compliance date has passed, the compliance date is obsolete and no
longer needed in the SIP. All soil thermal treatment facilities will
still be required to comply with the requirements in the rule.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.415 into the Florida SIP.

C. Rule 62-296.418, Bulk Gasoline Plants

    Florida's April 1, 2022, SIP revision updates Rule 62-296.418, Bulk
Gasoline Plants with one change that specifies the counties by name
that are subject to the rule--Broward, Duval, Hillsborough, Miami-Dade,
Orange, Palm Beach, and Pinellas Counties--instead of referring
generally to areas designated as air quality maintenance areas for
ozone under Rule 62-204.340.
    Florida has several counties that were initially designated as
nonattainment for the 1-hour ozone NAAQS but are now in maintenance. On
November 6, 1991, EPA designated and classified Broward, Dade,\4\ and
Palm Beach counties as moderate nonattainment for the 1979 1-hour ozone
NAAQS; Duval County as transitional nonattainment; Hillsborough and
Pinellas counties as marginal nonattainment; and Orange County as
attainment.\5\ See 56 FR 56694. The State was required to develop and
submit to EPA plans to attain the standard in the nonattainment areas,
including reasonably available control technology (RACT) regulations to
control ozone for incorporation into the Florida SIP. On November 8,
1993, Florida submitted to EPA an ozone redesignation request and
maintenance plan for Broward, Dade, Palm Beach, and Duval Counties. EPA
approved Florida's maintenance plan and request to redesignate Broward,
Dade, and Palm Beach counties to attainment for the 1-hour ozone NAAQS,
effective April 25, 1995, and Duval County to attainment for the 1-hour
ozone NAAQS, effective March 6, 1995. See 60 FR 10325 (February 24,
1995). On December 7, 1995, EPA approved Florida's request to
redesignate Hillsborough and Pinellas counties to attainment for the 1-
hour ozone NAAQS. See 60 FR 62748.
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    \4\ Dade County was renamed as Miami-Dade County in 1997.
    \5\ Orange County has never been designated as nonattainment for
the 1-hour ozone NAAQS.
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    Currently, the Rule applies to those counties that were designated
as maintenance areas for ozone under SIP-approved Rule 62-204.340,
Designation

of Attainment, Nonattainment, and Maintenance Areas. Rule 62-204.340
lists Orange County, Duval County, the area consisting of Broward,
Dade, and Palm Beach Counties, and the area consisting of Hillsborough
and Pinellas Counties as maintenance areas for ozone. The SIP revision
replaces the language referring to those areas listed under Rule 62-
204.340 with a listing of the applicable counties in each of the listed
maintenance areas under Rule 62-204.340.\6\
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    \6\ If an area in Florida is designated nonattainment and
classified as moderate or higher for an ozone NAAQS in the future,
Florida would be required to submit a plan to attain the NAAQS, and
only then would need to revise this rule to possibly include other
counties that would be subject to the RACT requirements in the rule.
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    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.418 into the Florida SIP.

D. Rule 62-296.500, Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting
Facilities

    Florida's April 1, 2022, SIP revision updates Rule 62-296.500,
Reasonably Available Control Technology (RACT)--Volatile Organic
Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities, with one
language edit, a specification as to what facilities the rule applies
to, several changes to cross-references, and one additional exemption.
    First, the language change to Rule 62-296.500 revises both
subparagraphs (1)(b) and (2)(c) to change the word ``section'' to
``rule'' in describing Rule 62-296.500. EPA is proposing to accept this
change because it is consistent with the nomenclature used in Florida's
regulations.
    The SIP revision also makes a change that clarifies which
facilities the rule applies to. The current SIP-approved rule states in
subparagraph (1)(a) that the rule applies to ``existing VOC-emitting
facilities'' and ``new and modified VOC-emitting facilities'' in those
``areas designated as air quality maintenance areas for ozone under
Rule 62-204.340, F.A.C.'' The SIP revision removes this language and
instead states that the rule applies to ``each stationary VOC-emitting
stationary emissions unit in Broward, Duval, Hillsborough, Miami-Date,
Orange, Palm Beach, or Pinellas County . . .'' EPA is proposing to
approve this change because the specific counties listed in the
revision are the same as those listed as ozone maintenance areas in the
SIP-approved version of Rule 62-204.340.\7\
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    \7\ See footnote 6.
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    In addition to the above-described changes, Florida has revised the
rule to update several cross-references. First, subparagraphs (1)(a)
and (1)(b) are revised to add the phrases ``Prevention of Significant
Deterioration review or Preconstruction Review for Nonattainment
Areas'' for the currently SIP-approved cross-references to 40 CFR
52.21, Rule 62-212.400, and Rule 62-212.500. The SIP revision also adds
the phrase ``as adopted and incorporated by reference in Rule 62-
204.800, F.A.C.'' after the reference to 40 CFR 52.21. The SIP revision
also identifies the December 1984 date for the existing cross-reference
to EPA document number 450/3-84-019 in subparagraph (2)(b)4., which
explains what form a manufacturer's certification of the coating
composition must be in, and states that this version is ``herein
adopted and incorporated by reference.'' EPA proposes to accept these
changes as they add more identifying information to currently SIP-
approved cross-references and incorporate by reference an EPA document
that was already referenced in the Rule.
    Finally, subparagraph (2)(a) is revised to exempt emissions units
operating under an Air General Permit pursuant to Rule 62-210.310 from
the requirement to obtain separate permits to construct or operate
pursuant to this paragraph. Although these emission units would not be
required to obtain any additional permits under paragraph (2)(a), they
would still be subject to applicable emission limits and other
requirements in Rules 62-296.501 through 62.296.516 and 62-296.570
(i.e., the permitting exemption would not change the requirement for
owners and operators of these facilities to comply with applicable RACT
requirements under these rules).8 9
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    \8\ See Rules 62-210.310(1)(a)(2) and 62-210.310(3)(n) in the
Florida SIP.
    \9\ See email from Preston McLane, Florida Department of
Environmental Protection, to Brad Akers, EPA Region 4 (August 23,
2023), available in the docket for this proposed rulemaking.
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    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.500 into the Florida SIP.

E. Rules 62-296.501, Can Coating; 62-296.502, Coil Coating; 62-296.503,
Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-296.505, Metal
Furniture Coating; 62-296.506, Surface Coating of Large Appliances; and
62-296.507, Magnet Wire Coating

    Florida's April 1, 2022, SIP revision updates Rules 62-296.501, Can
Coating; 62-296.502, Coil Coating; 62-296.503, Paper Coating; 62-
296.504, Fabric and Vinyl Coating; 62-296.505, Metal Furniture Coating;
62-296.506, Surface Coating of Large Appliances; and 62-296.507, Magnet
Wire Coating with identical changes to cross-references in their
respective rules.
    The SIP revision updates four cross-references in each of the cited
rules. First, subparagraph (4)(a) of each rule has been revised to add
the following language to include a citation to the CFR for EPA Method
24: ``as described at 40 CFR part 60, Appendix A-7, adopted and
incorporated by reference at Rule 62-204.800, F.A.C.'' The new
reference to Rule 62-204.800 replaces a reference to the test methods
incorporated and adopted by reference generally in Chapter 62-297. EPA
test methods were previously adopted by reference in Rule 62-297.401.
As mentioned previously, Rule 62-297.401 was repealed from the State
rules on July 19, 2014, and EPA removed it from the SIP on April 2,
2018. See 83 FR 13875. Because Florida repealed Rule 62-297.401 and it
is not a part of the Florida SIP, this cross-reference does not
function in its current form. The new cross-reference is to Rule 62-
297.800 which adopts and incorporates by reference EPA test methods.
EPA is proposing to approve this revision because owners and operators
of each of the respective facilities will be subject to the
requirements outlined in applicable EPA test methods. Further,
subparagraph (4)(a) has also been revised in each rule to include the
full title for EPA document 450/3-84-019, the location of the document
on the Florida Department of State's website, and a statement that the
document is adopted and incorporated by reference in the rule:
``Procedures for Certifying Quantity of Volatile Organic Compounds
Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by
reference.'' Next, subparagraph (4)(b) of each rule has been revised to
add the following language that includes a citation to the CFR for EPA
Method 25 and identifies the rule that adopts and incorporates by
reference that test method: ``as described at 40 CFR part

60, Appendix A-7, adopted and incorporated by reference at Rule 62-
204.800, F.A.C.'' Further, subparagraph (4)(b) has also been revised in
each rule to include the full title of EPA document 450/2-78-041:
``Alternate Test Method for Direct Measurement of Total Gaseous Organic
Compounds Using a Flame Ionization Analyzer.'' Finally, the revision
revises subparagraph (4)(b)(2) in every rule to update the cross-
reference for the specified test method for volatile organic compounds
from Rule 62-297.440(7) to Rule 62-297.450. Rule 62-297.440(7) was
repealed from the State rules on July 10, 2014, and EPA removed it from
the Florida SIP on April 2, 2018. See 83 FR 13875. Because Florida
repealed Rule 62-297.440(7) and it is not a part of the Florida SIP,
this cross-reference does not function in its current form. The new
cross-reference is to Rule 62-297.450, which is a SIP-approved rule.
EPA is proposing to approve this revision because owners and operators
of each of the respective facilities will now be subject to specific
VOC capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rules 62-296.501, Can Coating; 62-296.502, Coil Coating; 62-
296.503, Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-
296.505, Metal Furniture Coating; 62-296.506, Surface Coating of Large
Appliances; and 62-296.507, Magnet Wire Coating into the Florida SIP.

F. Rule 62-296.508, Petroleum Liquid Storage

    Florida's April 1, 2022, SIP revision updates Rule 62-296.508,
Petroleum Liquid Storage, with one language change and several changes
to cross-references.
    First, the language change to Rule 62-296.508 revises paragraph (3)
to change the word ``section'' to ``rule'' in describing Rule 62-
296.508. EPA is proposing to accept this change because it is
consistent with the nomenclature used in Florida's regulations.
    The SIP revision also updates several cross-references in the rule.
First, subparagraph (3)(b) has been revised to add the following
language that now includes a citation to the CFR for EPA Method 25, and
identifies the State rule that adopts and incorporates by reference
that test method: ``as described at 40 CFR part 60, Appendix A-7,
adopted and incorporated by reference at Rule 62-204.800, F.A.C.''
Further, subparagraph (3)(b) has also been revised to include the full
title of EPA document 450/2-78-041: ``Alternate Test Method for Direct
Measurement of Total Gaseous Organic Compounds Using a Flame Ionization
Analyzer.'' Finally, the revision revises subparagraph (4)(b)(2) to
update the cross-reference for the specified test method for volatile
organic compounds from Rule 62-297.440(7) to Rule 62-297.450. As
mentioned in Section II.E, Rule 62-297.440(7) was repealed from the
State rules on July 10, 2014, and EPA removed it from the Florida SIP
on April 2, 2018. See 83 FR 13875. Because Florida repealed Rule 62-
297.440(7) and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.450, which is a SIP-approved rule. EPA is
proposing to approve this revision because owners and operators of each
of the respective facilities will now be subject to specific VOC
capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.508 into the Florida SIP.

G. Rule 62-296.510, Bulk Gasoline Terminals

    Florida's April 1, 2022, SIP revision updates Rule 62-296.510, Bulk
Gasoline Terminals to revise several cross-references.
    The SIP revision revises cross-references in two subparagraphs.
First, subparagraph (4)(a) has been revised to add the following
language that now includes a citation to the CFR for EPA Methods 2A and
2B: ``as described at 40 CFR part 60, Appendix A-1.'' Further, the
following language has been added to the same subparagraph to include a
citation to the CFR for EPA Methods 25A and 25B: ``as described at 40
CFR part 60, Appendix A-7.'' Florida also changes subparagraph (4)(a)
to state that EPA Methods 2A, 2B, 25A, and 25B have been ``adopted and
incorporated by reference at Rule 62-204.800, F.A.C.'' Second,
subparagraph (4)(b) has been revised to add the following language that
now includes a citation to the CFR for EPA Methods 21 and 27: ``as
described at 40 CFR part 60, Appendix A-7; and EPA Method 27, as
described at 40 CFR part 60, Appendix A-8.'' Similar to the change in
subparagraph (4)(a), Florida adds language noting that EPA Methods 21
and 27 have also been ``adopted and incorporated by reference at Rule
62-204.800.'' The new reference to Rule 62-204.800 replaces a reference
to the test methods incorporated and adopted by reference generally in
Chapter 62-297. EPA test methods were previously adopted by reference
in Rule 62-297.401. As mentioned previously, Rule 62-297.401 was
repealed from the State rules on July 19, 2014, and EPA removed it from
the SIP on April 2, 2018. See 83 FR 13875. Because Florida repealed
Rule 62-297.401 and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.800 which adopts and incorporates by
reference EPA test methods. EPA is proposing to approve this revision
because owners and operators of bulk gasoline terminals will now be
subject to the requirements outlined in applicable EPA test methods.
EPA proposes to accept these changes because they do not alter any
requirements and they add more identifying information to already SIP-
approved test methods.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.510 into the Florida SIP.

H. Rule 62-296.511, F.A.C., Solvent Metal Cleaning

    Florida's April 1, 2022, SIP revision updates Rule 62-296.511,
Solvent Metal Cleaning, by revising several cross-references and making
one language edit.
    First, the SIP revision updates several cross-references. In
subparagraph(1)(a), Florida has revised the language to state that 40
CFR part 63, subpart T, is adopted and incorporated by reference in
Rule 62-204.800 rather than in Rule 62-204.800(9). This edit provides a
correction as the incorporation by reference of 40 CFR part 63, subpart
T does not exist in 62-204.800(9) but does in 62-204.800 generally.
Second, subparagraph (5)(a) has been revised to add the following
language that now includes a citation to the CFR for EPA Method 21 and
identifies the State rule that adopts and incorporates by reference
that test method: ``as described at 40 CFR part 60, Appendix A-7,
adopted and incorporated by reference at Rule 62-204.800.'' The new
reference to Rule 62-204.800 replaces a reference to the test methods
incorporated and adopted by reference

generally in Chapter 62-297. EPA test methods were previously adopted
by reference in Rule 62-297.401. As mentioned previously, Rule 62-
297.401 was repealed from the State rules on July 19, 2014, and EPA
removed it from the SIP on April 2, 2018. See 83 FR 13875. Because
Florida repealed Rule 62-297.401 and it is not a part of the Florida
SIP, this cross-reference does not function in its current form. The
new cross-reference is to Rule 62-297.800 which adopts and incorporates
by reference EPA test methods. EPA is proposing to approve this
revision because owners and operators of solvent metal cleaning
facilities will be subject to the requirements outlined in applicable
EPA test methods. Subparagraph (5)(b) has also been revised by adding
the following language that now includes a citation to the CFR for EPA
Method 25, and identifies the State rule that adopts and incorporates
by reference that test method: ``as described at 40 CFR part 60,
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800,
F.A.C.'' Further, the same subparagraph is revised to include the full
title of EPA document 450/2-78-041: ``Alternate Test Method for Direct
Measurement of Total Gaseous Organic Compounds Using a Flame Ionization
Analyzer.'' Finally, the revision revises subparagraph (5)(c) to update
the cross-reference for the specified test method for volatile organic
compounds from Rule 62-297.440(7) to Rule 62-297.450. As mentioned in
Section II.E, Rule 62-297.440(7) was repealed from the State rules on
July 10, 2014, and EPA removed it from the Florida SIP on April 2,
2018. See 83 FR 13875. Because Florida repealed Rule 62-297.440(7) and
it is not a part of the Florida SIP, this cross-reference does not
function in its current form. The new cross-reference is to Rule 62-
297.450, which is a SIP-approved rule. EPA is proposing to approve this
revision because owners and operators of each of the respective
facilities will now be subject to specific VOC capture efficiency test
procedures. Lastly, the SIP revision makes one language edit in
subparagraph (1)(a). The edit removes the unnecessary phrase ``new and
existing'' because all applicable facilities are either new or
existing. Since the removal of this phrase does not alter the
applicability of the rule, EPA finds this change acceptable.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.511 into the Florida SIP.

I. Rule 62-296.512, Cutback Asphalt

    Florida's April 1, 2022, SIP revision updates Rule 62-296.512,
Cutback Asphalt, with one language edit and the removal of a subsection
that was never applicable to the rule.
    First, the language edit revises paragraph (1) to make a minor
wording change from ``emission limiting standard or control
technology'' to ``emission limiting control standards,'' in describing
the provisions in subsection 62-296.512(2). EPA approves of this change
because paragraph 62-296.512(2) is titled ``Control Standards'' and
only contains control standards.
    Second, the SIP revision removes the entirety of paragraph (3),
``Test Methods and Procedures'' from the rule. The test methods and
procedures identified in this paragraph are meant to test particulate
matter emissions. However, the rule does not contain a testing
requirement, and particulate matter is not a pollutant that is
regulated by this rule as the only emission limits applicable in this
rule are for volatile organic compounds. See Rule 62-296.500(1)(a). EPA
is proposing to approve this change because the test methods and
procedures in paragraph (3) are not applicable to Rule 62-296.512.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.512, F.A.C. into the Florida SIP.

J. Rule 62-296.513, Surface Coating of Miscellaneous Metal Parts and
Products, and Rule 62.296.514, Surface Coating of Flat Wood Paneling

    Florida's April 1, 2022, SIP revision updates Rules 62.296.513,
Surface Coating of Miscellaneous Metal Parts and Products, and
62.296.514, Surface Coating of Flat Wood Paneling with identical
changes to cross-references in the respective rules.
    The SIP revision makes identical changes to three separate cross-
references in both rules. First, subparagraph (4)(a) of each rule has
been revised to add the following language to include a citation to the
CFR for EPA Method 24 and identify the State rule that adopts and
incorporates by reference that test method: ``as described at 40 CFR
part 60, Appendix A-7, adopted and incorporated by reference at Rule
62-204.800, F.A.C.'' Further, subparagraph (4)(a) has also been revised
in both rules to include the full title of EPA document 450/3-84-019,
the location of the document on the Florida Department of State's
website, and a statement that the document is adopted and incorporated
by reference in the rule: ``Procedures for Certifying Quantity of
Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings
(http://www.flrules.org/Gateway/reference.asp?No=Ref-04298) hereby
adopted and incorporated by reference.'' Finally, the SIP revision
removes the phrase ``incorporated and adopted by reference in Chapter
62-297, F.A.C'' from subparagraph (4)(a) in each rule given the changes
described earlier in this paragraph. Second, subparagraph (4)(b)(1) in
both rules has been revised to add the following language after the
reference to EPA Method 25: ``as described at 40 CFR part 60, Appendix
A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C.''
Further, subparagraph (4)(b)(1) has also been revised in both rules to
include the full title of EPA document 450/2-78-041: ``Alternate Test
Method for Direct Measurement of Total Gaseous Organic Compounds Using
a Flame Ionization Analyzer.'' Finally, subparagraph (4)(b)(2) is
updated in both rules to update the cross-reference for the specified
test method for volatile organic compounds from Rule 62-297.440(7) to
Rule 62-297.450. As mentioned in Section II.E, Rule 62-297.440(7) was
repealed from the State rules on July 10, 2014, and EPA removed it from
the Florida SIP on April 2, 2018. See 83 FR 13875. Because Florida
repealed subsection 62-297.440(7), and it is not a part of the Florida
SIP, this cross-reference does not function in its current form. The
new cross-reference is to Rule 62-297.450, which is a SIP-approved
rule. EPA is proposing to approve this revision because owners and
operators of each of the respective facilities will now be subject to
specific VOC capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS or any other applicable requirement of the Act.
Therefore, EPA is proposing to approve the aforementioned changes to
Rules 62-296.513 and 62-296.514 into the Florida SIP.

K. Rule 62.296.515, Graphic Arts Systems

    Florida's April 1, 2022, SIP revision updates Rule 62.296.515,
Graphic Arts Systems, to revise several cross-references.
    The SIP revision revises three cross-references. First,
subparagraph (3)(a) has been revised to add the following language that
now includes a citation to the CFR for EPA Methods 24 and 24A and
identifies the State rule that adopts and incorporates by reference
those test methods: ``as described at 40 CFR part 60, Appendix A-7,
adopted and incorporated by reference at Rule 62-204.800, F.A.C.''
Further, subparagraph (3)(a) has also been revised to include the full
title of EPA document 450/3-84-019, the location of the document on the
Florida Department of State's website, and a statement that the
document is adopted and incorporated by reference in the rule:
``Procedures for Certifying Quantity of Volatile Organic Compounds
Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298) hereby adopted and incorporated by
reference.'' Finally, the SIP revision removes the phrase
``incorporated and adopted by reference in Chapter 62-297, F.A.C'' from
subparagraph 3(a) given the changes described earlier in this
paragraph. Second, subparagraph (3)(b)(1) has been revised to add the
following language that now includes a citation to the CFR for EPA
Method 25, and identifies the State rule that adopts and incorporates
by reference that test method: ``as described at 40 CFR part 60,
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800,
F.A.C.'' Further, subparagraph (3)(b)(1) has also been revised to
include the full title of EPA document 450/2-78-041: ``Alternate Test
Method for Direct Measurement of Total Gaseous Organic Compounds Using
a Flame Ionization Analyzer.'' Finally, subparagraph (3)(b)(2) is
revised to update the cross-reference for the specified test method for
volatile organic compounds from Rule 62-297.440(7) to Rule 62-297.450.
As mentioned in Section II.E, Rule 62-297.440(7) was repealed from the
State rules on July 10, 2014, and EPA removed it from the Florida SIP
on April 2, 2018. See 83 FR 13875. Because Florida repealed Rule 62-
297.440(7) and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.450, which is a SIP-approved rule. EPA is
proposing to approve this revision because owners and operators of each
of the respective facilities will now be subject to specific VOC
capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS or any other applicable requirement of the Act.
Therefore, EPA is proposing to approve the aforementioned changes to
Rule 62-296.515 into the Florida SIP.

L. Rule 62.296.516, Petroleum Liquid Storage Tanks With External
Floating Roofs

    Florida's April 1, 2022, SIP revision updates Rule 62.296.516,
Petroleum Liquid Storage Tanks with External Floating Roofs, to revise
a cross reference. Subparagraph (3)(a) has been revised to add the
following language that now includes a citation to the CFR for EPA
Method 21, and identifies the State rule that adopts and incorporates
by reference that test method: ``as described at 40 CFR part 60,
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800,
F.A.C.'' Further, the same subparagraph has been edited to specify the
section in EPA document 450/2-78-047, an already SIP-approved cross-
reference, that provides a description of the applicable test method:
``as described in section 5.2 on p.5-3 . . .'' EPA proposes to approve
these changes because they do not alter any requirements and they add
more identifying information to already SIP-approved test methods.
    For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.516 into the Florida SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Section II of
this preamble, EPA is proposing to incorporate by reference Rules 62-
296.414, Concrete Batching Plants; 62-296.415, Soil Thermal Treatment
Facilities; 62-296.418, Bulk Gasoline Plants; 62-296.500, Reasonably
Available Control Technology (RACT)--Volatile Organic Compounds (VOC)
and Nitrogen Oxides (NOX) Emitting Facilities; 62-296.501, Can Coating;
62-296.502, Coil Coating; 62-296.503, Paper Coating; 62-296.504, Fabric
and Vinyl Coating; 62-296.505, Metal Furniture Coating; 62-296.506,
Surface Coating of Large Appliances; 62-296.507, Magnet Wire Coating;
62-296.508, Petroleum Liquid Storage; 62-296.510, Bulk Gasoline
Terminals; 62-296.511, Solvent Metal Cleaning; 62-296.512, Cutback
Asphalt; 62-296.513, Surface Coating of Miscellaneous Metal Parts and
Products; 62-296.514, Surface Coating of Flat Wood Paneling; 62-
296.515, Graphic Arts Systems; and 62-296.516, Petroleum Liquid Storage
Tanks with External Floating Roofs. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 Office (please contact the person identified in
the ``For Further Information Contact'' section of this preamble for
more information).

IV. Proposed Action

    EPA is proposing to approve the April 1, 2022, Florida SIP revision
consisting of changes to Rules 62-296.414, Concrete Batching Plants;
62-296.415, Soil Thermal Treatment Facilities; 62-296.418, Bulk
Gasoline Plants; 62-296.500, Reasonably Available Control Technology
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX)
Emitting Facilities; 62-296.501, Can Coating; 62-296.502, Coil Coating;
62-296.503, Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-
296.505, Metal Furniture Coating; 62-296.506, Surface Coating of Large
Appliances; 62-296.507, Magnet Wire Coating; 62-296.508, Petroleum
Liquid Storage; 62-296.510, Bulk Gasoline Terminals; 62-296.511,
Solvent Metal Cleaning; 62-296.512, Cutback Asphalt; 62-296.513,
Surface Coating of Miscellaneous Metal Parts and Products; 62-296.514,
Surface Coating of Flat Wood Paneling; 62-296.515, Graphic Arts
Systems; and 62-296.516, Petroleum Liquid Storage Tanks with External
Floating Roofs, from the Florida SIP for the reasons discussed above.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of

Management and Budget under Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The FDEP did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this proposed action. Due to the
nature of the action being proposed here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898 of achieving EJ for people of color,
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

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

    Dated: September 5, 2023.
Carol Kemker,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-19463 Filed 9-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Notices]
[Page 43141]
[DOCID:fr31jy06-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR06-2-002]

Lee 8 Storage Partnership; Notice of Refund Report

July 21, 2006.
    Take notice that on July 12, 2006, Lee 8 Storage Partnership (Lee
8) filed its Refund Report pursuant to Article III of Lee 8's
Stipulation and Agreement dated March 22, 2006, approved by Commission
letter order dated April 13, 2006. Lee 8 states that the refund report
is for the period November 15, 2005 through April 20, 2006.
    Any person desiring to protest this rate filing must file in
accordance with Rule 211 of the Commission's Rules of Practice and
Procedure (18 CFR 385.211). Protests to this filing will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Such
protests must be filed on or before the date as indicated below. Anyone
filing a protest must serve a copy of that document on all the parties
to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 14, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-12240 Filed 7-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4577-4579]
[FR Doc No: 2016-01583]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-5878; Special Conditions No. 25-608-SC]

Special Conditions: Dassault Aviation, Model Falcon 2000EX
Airplanes, Head-Up Display (HUD) With Vision-System Video

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for Dassault Aviation
Model Falcon 2000EX airplanes. This airplane will have a novel or
unusual design feature associated with a vision system that displays
video imagery on the head-up display (HUD). The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Dassault Aviation on January 27,
2016. We must receive your comments by March 14, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-5878
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dale Dunford, FAA, Airplane and
Flightcrew Interface, ANM-111, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplane. In addition, the substance of these special conditions has
been subject to the public-comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On September 24, 2012, the European Aviation Safety Agency (EASA),
on behalf of Dassault Aviation, applied for a design change to type
certificate no. A50NM to install the Elbit Systems head-up display,
which is an enhanced-flight vision system (EFVS) and synthetic vision
system (SVS). The change includes the display of a vision-system video
on the HUD.
    Video display on the HUD constitutes new and unusual technology for
which the FAA has no certification criteria. Title 14, Code of Federal
Regulations (14 CFR) 25.773 does not permit visual distortions and
reflections in the pilot's view out the airplane windshield that could
interfere with the pilot's normal duties, and was not written in
anticipation of such technology. Special conditions are therefore
issued as prescribed under the provisions of Sec.  21.16.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Dassault Aviation must show
that the Model Falcon 2000EX airplane, as changed, continues to meet
the applicable provisions of the regulations listed in type certificate
no. A50NM, or the applicable regulations in effect on the date of
application for the change, except for earlier amendments as agreed
upon by the FAA. The regulations listed in the type certificate are
commonly referred to as the ``original type certification basis.'' The
regulations listed in type certificate no. A50NM are as follows:
    14 CFR part 25, effective February 1, 1965, including the latest
applicable requirements of Amendments 25-1 through 25-98. In addition,
the certification basis includes certain special conditions,
exemptions, or later amended sections of the applicable part that are
not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model Falcon 2000EX airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.

    In addition to the applicable airworthiness regulations and special
conditions, the Dassault Aviation Model Falcon 2000EX airplane must
comply with the fuel-vent and exhaust-emission requirements of 14 CFR
part 34, and the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Model Falcon 2000EX airplane will incorporate the following
novel or unusual design feature:
    Enhanced-flight vision system and synthetic vision system that
display video imagery on a HUD.

Discussion

    For many years the FAA has approved, on transport-category
airplanes, the use of HUD that display flight symbols without a
significant visual obstruction of the outside view. When the FAA began
to evaluate the display of enhanced vision-system (EVS) imagery on the
HUD, significant potential to obscure the outside view became apparent,
contrary to the requirements of 14 CFR 25.773. This rule does not
permit distortions and reflections in the pilot-compartment view,
through the airplane windshield, that interferes with normal duties,
and the rule was not written in anticipation of such technology. The
video image potentially interferes with the pilot's ability to see the
natural scene in the center of the forward field of view. Therefore,
the FAA issued special conditions for such HUD/EVS installations to
ensure that the level of safety required by Sec.  25.773 would be met
even when the image might partially obscure the outside view. While
many of the characteristics of EVS and SVS video differ in some ways,
they have one thing in common: The potential for interference with the
outside view through the airplane windshield.
    Although the pilot readily may be able to see around and through
small, individual, stroke-written symbols on the HUD, the pilot may not
be able to see, without some interference of the outside view, around
or through the image that fills the display. Nevertheless, the vision-
system video may be capable of meeting the required level of safety
when considering the combined view of the image and the outside scene
visible to the pilot through the image. It is essential that the pilot
can use this combination of image and natural view of the outside scene
as safely and effectively as the pilot-compartment view currently
available without the vision-system image.
    Because Sec.  25.773 does not provide for any alternatives or
considerations for such a new and novel system, the FAA establishes
safety requirements that assure an equivalent level of safety and
effectiveness of the pilot-compartment view as intended by that rule.
The purpose of these special conditions is to provide the unique pilot-
compartment-view requirements for the EFVS/SVS installation.

Applicability

    As discussed above, these special conditions are applicable to the
Dassault Aviation Model Falcon 2000EX airplane. Should the applicant
apply at a later date for a change to the type certificate to include
another model incorporating the same novel or unusual design feature,
the special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on Dassault Aviation Model Falcon 2000EX airplanes. It is not a rule of
general applicability.
    The substance of these special conditions has been subjected to the
public notice and comment period in several prior instances, and has
been derived without substantive change from those previously issued.
It is unlikely that prior public comment would result in a significant
change from the substance contained herein. Therefore, because a delay
would significantly affect the certification of the HUD/EVS
modification to the Falcon 2000EX airplane, which is imminent, the FAA
has determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register.
    The FAA requests comments to allow interested persons to submit
views that may not have been submitted in response to the prior
opportunities for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for Dassault Aviation Falcon 2000EX
airplanes.
    1. During any phase of flight in which it is to be used, the
vision-system video imagery on the HUD must not degrade flight safety
or interfere with the effective use of outside visual references for
required pilot tasks.
    2. To avoid unacceptable interference with the safe and effective
use of the pilot-compartment view, the vision system must meet the
following requirements:
    a. The vision-system design must minimize unacceptable display
characteristics or artifacts (e.g., terrain shadowing against a dark
background) that obscure the desired image of the scene, impair the
pilot's ability to detect and identify visual references, mask flight
hazards, distract the pilot, or otherwise degrade task performance or
safety.
    b. Control of vision-system display brightness must be sufficiently
effective in dynamically changing background (ambient) lighting
conditions to avoid pilot distraction, impairment of the pilot's
ability to detect and identify visual references, masking of flight
hazards, or to otherwise degrade task performance or safety. If
automatic control for image brightness is not provided, it must be
shown that a single, manual setting is satisfactory for the range of
lighting conditions encountered during a time-critical, high-workload
phase of flight (e.g., low-visibility instrument approach).
    c. A readily accessible control must be provided that permits the
pilot to immediately deactivate and reactivate display of the vision-
system video image on demand, without having to remove hands from the
primary flight controls (yoke or equivalent) or thrust control.
    d. The vision-system video image on the HUD must not impair the
pilot's use of guidance information, or degrade the presentation and
pilot awareness of essential flight information displayed on the HUD,
such as alerts, airspeed, attitude, altitude and direction, approach
guidance, windshear guidance, TCAS resolution advisories, or unusual-
attitude recovery cues.
    e. The vision-system video image and the HUD symbols, which are
spatially referenced to the pitch scale, outside view, and image, must
be scaled and aligned (i.e., conformal) to the external scene. In
addition, the vision-system video image and the HUD symbols--when
considered singly or in combination--must not be misleading, cause
pilot confusion, or increase

workload. Airplane attitudes or cross-wind conditions may cause certain
symbols and graphic elements (e.g., the zero-pitch line or flight-path
vector) to reach field-of-view limits, such that they cannot be
positioned in alignment with the image and external scene. In such
cases, these symbols may be displayed but with an altered appearance
(``ghosting'') that makes the pilot aware that the symbols and graphics
are no longer displayed conformally. The combined use of symbols and
runway image may not be used for path monitoring when path symbols are
no longer conformal (i.e., in alignment with the real-world view out
the airplane window).
    f. A HUD system used to display vision-system video images must, if
previously certified, continue to meet all of the requirements of the
original approval.
    3. The safety and performance of the pilot tasks associated with
the use of the pilot-compartment view must be not be degraded by the
display of the vision-system video image. These tasks include the
following:
    a. Detection, accurate identification, and maneuvering, as
necessary, to avoid traffic, terrain, obstacles, and other flight
hazards.
    b. Accurate identification and utilization of visual references
required for every task relevant to the phase of flight.
    4. Appropriate limitations must be stated in the Operating
Limitations section of the Airplane Flight Manual to prohibit the use
of vision systems for functions that have not been found to be
acceptable.

    Issued in Renton, Washington, on January 19, 2016.
Michael Kaszycki
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-01583 Filed 1-26-16; 8:45 am]
 BILLING CODE 4910-13-P