[Federal Register: August 19, 2010 (Volume 75, Number 160)]
[Rules and Regulations]
[Page 51172-51173]
[DOCID:fr19au10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0401; Airspace Docket No. 10-AGL-8]

Amendment of Class E Airspace; Litchfield, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Litchfield, MN, to

accommodate Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAPs) at Litchfield Municipal Airport, Litchfield, MN. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective Date: 0901 UTC, November 18, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On May 17, 2010, the FAA published in the Federal Register a notice
of proposed rulemaking to amend Class E airspace for Litchfield, MN,
creating additional controlled airspace at Litchfield Municipal Airport
(75 FR 27495) Docket No. FAA-2010-0401. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective September 15, 2009, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by adding additional Class E airspace extending upward from 700
feet above the surface to accommodate SIAPs at Litchfield Municipal
Airport, Litchfield, MN. This action is necessary for the safety and
management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Litchfield Municipal Airport,
Litchfield, MN.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL MN E5 Litchfield, MN [Amended]

Litchfield Municipal Airport, MN
    (Lat. 45[deg]05'50'' N., long. 94[deg]30'26'' W.)
Darwin VORTAC
    (Lat. 45[deg]05'15'' N., long. 94[deg]27'14'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Litchfield Municipal Airport, and within
8 miles north and 4 miles south of the Darwin VORTAC 104[deg] radial
extending from the 6.3-mile radius to 18.4 miles east of the
airport.

    Issued in Fort Worth, Texas, on August 3, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-20401 Filed 8-18-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50429-50431]
[FR Doc No: 2017-23535]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-5897]

Packaging, Storage, and Disposal Options To Enhance Opioid
Safety--Exploring the Path Forward; Public Workshop; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the following public workshop entitled ``Packaging, Storage,
and Disposal Options To Enhance Opioid Safety--Exploring the Path
Forward.'' The purpose of this 2-day public workshop is to host a
scientific discussion with experts and seek input from interested
stakeholders regarding the role of packaging, storage, and disposal
options within the larger landscape of activities aimed at addressing
abuse, misuse, or inappropriate access of prescription opioid drug
products (opioids); guiding principles and considerations for the
design of packaging, storage, and disposal options for opioids;
integrating packaging, storage, and disposal options into existing
health care and pharmacy systems, including both open and closed health
care systems (e.g., a closed system such as the U.S. Department of
Veterans Affairs); data needs and how to address challenges in
assessing the impact of packaging, storage, and disposal options in
both the premarket and postmarket settings; and ways in which FDA could
encourage the development and assessment of packaging, storage, and
disposal options for opioids that have the potential to enhance opioid
safety.

DATES: The public workshop will be held on December 11 and 12, 2017,
from 8:30 a.m. to 5 p.m. Submit either electronic or written comments
on this public workshop by February 12, 2018. See the SUPPLEMENTARY
INFORMATION section for registration date and information.

ADDRESSES: The public workshop will be held at the Sheraton Silver
Spring Hotel, 8777 Georgia Ave., Silver Spring, MD 20910. The hotel's
phone number is<PHONE_NUMBER>.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before February 12, 2018. The

https://www.regulations.gov electronic filing system will accept
comments until midnight Eastern Time at the end of February 12, 2018.
Comments received by mail/hand delivery/courier (for written/paper
submissions) will be considered timely if they are postmarked or the
delivery service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-5897 for ``Packaging, Storage, and Disposal Options To
Enhance Opioid Safety--Exploring the Path Forward.'' Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Irene Z. Chan, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 4420, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>, [email protected]; or
Michelle Eby, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 22, Rm. 4422, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is deeply concerned about the widespread epidemic of opioid
abuse, dependence, and overdose in the United States. FDA believes
packaging, storage, and disposal options have the potential to enhance
the safety of legally prescribed opioids. The development of such
options is an important component of a multi-pronged approach to
addressing the current opioid epidemic.
    FDA is exploring a scientific framework that supports and
encourages the development of packaging, storage, and disposal options
that can reduce or deter misuse, abuse, or inappropriate access to
opioids, while allowing for the safe use of opioids by patients who
need them. FDA will need to define the specific problems that
packaging, storage, and disposal options could most effectively
address; the guiding scientific principles to consider for the design
and evaluation of these options; and the types of data most useful for
evaluating them.
    The Duke-Margolis Center for Health Policy previously convened an
expert workshop on June 1, 2017, to begin examining the potential role
of packaging, storage, and disposal options in enhancing opioid safety
and deterring misuse, abuse, and inappropriate access. This workshop
provided a forum for discussing (1) the role of packaging, storage, and
disposal options in addressing factors that enable opioid abuse and
misuse or inappropriate access; (2) the current range of existing
packaging, storage, and disposal options; (3) approaches to evaluating
the impact of packaging, storage, and disposal options on misuse and
abuse or inappropriate access of opioids; and (4) considerations for
integrating the use of packaging, storage, and disposal options into
existing health care and pharmacy systems. Following the June 1, 2017,
Duke-Margolis Center for Health Policy expert workshop, an issues paper
was developed.\1\ While the expert workshop and subsequent issues paper
were supported through a cooperative agreement with FDA, the views
expressed in the accompanying documents are those of the participants
in attendance of that expert workshop, and do not necessarily reflect
the official positions and policies of the Department of Health and
Human Services, or imply endorsements by the U.S. Government or other
organizations.
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    \1\ https://healthpolicy.duke.edu/events/exploring-packaging-storage-and-disposal-solutions-enhance-opioid-safety.
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II. Topics for Discussion at the Public Workshop

    In this 2-day public workshop, FDA plans to explore the appropriate
path forward by hosting a scientific discussion with experts and
seeking input from interested stakeholders.

Further discussion is needed regarding (1) the role of packaging,
storage, and disposal options within the larger landscape of activities
aimed at addressing opioid abuse, misuse, or inappropriate access; (2)
guiding principles and considerations for the design of packaging,
storage, and disposal options for opioids; (3) integrating packaging,
storage, and disposal options into existing health care and pharmacy
systems, including both open and closed health care systems (e.g., a
closed system such as the U.S. Department of Veterans Affairs); (4)
data needs and how to address challenges in assessing the impact of
packaging, storage, and disposal options in both the premarket and
postmarket settings; and (5) ways in which FDA could encourage the
development and assessment of packaging, storage, and disposal options
for opioids that have the potential to enhance opioid safety.
    Participants will include individuals from a broad set of Federal,
State, and private and public stakeholders who are working on the
challenges of improving pain management while addressing the opioid
abuse epidemic. Public participation and comment is encouraged.

III. Participating in the Public Workshop

    Registration: To register for the public workshop, ``Packaging,
Storage, and Disposal Options to Enhance Opioid Safety--Exploring the
Path Forward,'' please visit the following Web site to register:
https://nakamotoevents.wufoo.com/forms/pads-task-force-public-meeting/.
Please provide complete contact information for each attendee,
including name, title, affiliation, address, email, and telephone.
    Registration is free and based on space availability, with priority
given to early registrants. Persons interested in attending this public
workshop must register by December 1, 2017, midnight Eastern Time.
Early registration is recommended because seating is limited;
therefore, FDA may limit the number of participants from each
organization. Registrants will receive confirmation when they have been
accepted. If time and space permit, onsite registration on the day of
the public workshop will be provided beginning at 7:30 a.m. We will let
registrants know if registration closes before the day of the public
workshop.
    If you need special accommodations due to a disability, please
contact Michelle Eby at [email protected] no later than December
4, 2017.
    Public Participation in Scientific Workshop: Time will be provided
during the discussion of each agenda topic for audience participants to
provide comments if desired. Comments should be specific to the
discussion topic, and the time provided will be at the discretion of
the session chair.
    Streaming Webcast of the Public Workshop: This public workshop will
also be webcast. Additional information will be made available
regarding accessing the webcast 2 days prior to the public workshop at
https://www.fda.gov/Drugs/NewsEvents/ucm571797.htm.
    Transcripts: Please be advised that as soon as a transcript of the
public workshop is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff
(see ADDRESSES). A link to the transcript will also be available on the
internet at https://www.fda.gov/Drugs/NewsEvents/ucm571797.htm.

    Dated: October 11, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-23535 Filed 10-30-17; 8:45 am]
 BILLING CODE 4164-01-P


 Original Message From: Woock, Steve [ mailto: steve. woock@ weyerhaeuser. com] Sent: Friday, June 11, 2004 10: 00 AM To: ' kissell. mary@ epa. gov'; ' kphanks@ rti. org'; ' nizich. g@ epa. gov' Subject: New PCWP Boiler MACTS Overlap Issue Mary Tom, Katie, and Greg  I talked with Mary Tom in the late afternoon Thursday about this. She asked that I summarize the situation and email you all as soon as possible today.

I've put the information in the attached document to preserve some formatting. I will try to reach Katie to discuss this afternoon.

Thank you very much for your attention to this question.

Steve Woock Stephen E. Woock Federal Regulatory Affairs Manager, Weyerhaeuser PO Box 1391, New Bern, NC 28563 1391 steve. woock@ weyerhaeuser. com ph 252 633 7351 June 11, 2004 Mary Tom Kissell EPA cc: Katie Hanks RTI Greg Nizich EPA Mary Tom:

We are working with a state to permit construction activities at a wood products facility. Because of the timing of the work with respect to the MACT rule promulgation, the state plans to incorporate provisions from both of the signed PCWP NESHAP and the signed Industrial, Commercial and Institutional Boilers and Process Heaters NESHAP, in the permit. The state very recently has taken the position that a process heater routinely exhausted through a strand dryer for additional heat recovery is subject to the Boiler and Process Heater MACT rule. We believe EPA intended that process heaters that exhaust through dryers are included in the floor and are included in the source definition of the PCWP MACT, as indicated in the proposed and final rule preambles and responses to comments.

Please note that this is not a question of coverage when the process heater exhaust is temporarily bypassing the dryers, which has been raised to you before as the " Boiler Overlap" question.

I will describe the situation in more detail below for your review and I will followup with a call to Katie Hanks and Greg Nizich since I understand you are soon to take some important leave from work.

We believe the state is mis interpreting the rule and this would set an incorrect precedent for all wood products facilities just as you all are preparing the rule for publication. However, after reviewing the rule language in the Boiler and Process Heater MACT and PCWP MACT rules, we can see why a state might make an incorrect interpretation on this. I will provide the language from both rules that leads to this situation and a suggestion for a possible remedy. After you see the language, you may consider, as we do, whether this is an inadvertent error that might be remedied in the rule being prepared for publication.

The facility will have two direct fired strand dryers that are heated with combustion gases from two suspension burners and the total exhaust from a wood residue fired thermal oil heater. The hot gases from the wood combustion first work to heat oil. The remaining heat from those same gases then is used by mixing the exhaust from the process heater with the heated gases from the suspension burners to provide heat to the strand dryers. This configuration is typical in the industry and is the type of circumstance we understood to be covered under the PCWP MACT as described in the proposed rule preamble: PCWP proposed rule, 68 FR January 9, 2003 pg 1304 Column 1: C. Combustion Related NESHAP Plywood and composite wood products facilities operate combustion units such as boilers, fuel cells, and thermal oil heaters that supply heat to process units such as dryers and presses that are used in the manufacture of PCWP. When the combustion unit supplies heat by directly exhausting the combustion gas through a dryer, the dryer is considered a `` direct fired dryer.'' Therefore, the HAP emissions from a direct fired dryer are actually a combination of the emissions from the combustion unit exhausting into the dryer and the emissions that result from drying the wood. Because today's proposed rule regulates emissions from direct fired dryers, those combustion units associated with direct fired dryers are excluded from the requirements of other combustion related NESHAP, such as the Industrial/ Commercial/ Institutional Boilers NESHAP and the Process Heaters NESHAP. However, those combustion units that supply heat or steam to indirect fired dryers or presses ( i. e., combustion unit exhaust does not contact wood particles or veneers), and those thermal oil heaters that supply hot oil for presses but which don't exhaust through dryers are not covered by today's proposed rule and would be subject to the requirements the applicable combustion related NESHAP.

The state staff we are working with has taken the position that the exhaust from the thermal oil heater is routinely subject to the Boiler and Process Heater MACT. They cite that the primary purpose of the combustion unit is to heat the oil that is used to provide heat in other parts of the process and the facility buildings. They believe the heat going to the dryers is only " waste heat" and therefore, is subject to the Boiler and Process Heater MACT. The language in the two MACT rules may contribute to their thinking since the coverage anticipated under the PCWP MACT for the exhausts from energy sources providing heat to direct fired dryers is not explicitly listed in the PCWP MACT as part of the affected PCWP source category, whereas the Boiler and Process Heater MACT requires boilers and process heaters to be specifically listed in the affected source of the other MACT if the units are to be exempted from Boiler and Process Heater MACT coverage. Here is the relevant language from the two rules:

BOILER MACT § 63.7491 Are any boilers or process heaters not subject to this subpart?

The types of boilers and process heaters listed in paragraphs ( a) through ( o) of this section are not subject to this subpart.   ( l) Any boiler and process heater specifically listed as an affected source in another standard( s) under 40 CFR part 63. PCWP MACT § 63.2232 What parts of my plant does this subpart cover?

( a) This subpart applies to each new, reconstructed, or existing affected source at a PCWP manufacturing facility.

( b) The affected source is the collection of dryers, refiners, blenders, formers, presses, board coolers, and other process units associated with the manufacturing of plywood and composite wood products. The affected source includes, but is not limited to, green end operations, refining, drying operations, resin preparation, blending and forming operations, pressing and board cooling operations, and miscellaneous finishing operations ( such as sanding, sawing, patching, edge sealing, and other finishing operations not subject to other National Emission Standards for Hazardous Air Pollutants ( NESHAP)). The affected source also includes onsite storage and preparation of raw materials used in the manufacture of plywood and/ or composite wood products, such as resins; onsite wastewater treatment operations specifically associated with plywood and composite wood products manufacturing; and miscellaneous coating operations ( § 63.2292). The affected source includes lumber kilns at PCWP manufacturing facilities and at any other kind of facility.

Although dryers and drying operations are listed in the PCWP MACT rule, the energy systems are not explicitly listed. Also, there is no definition for drying operations that might include the energy system.

Perhaps the most direct way to assure that the PCWP MACT coverage of the emissions from direct fired dryers includes coverage of the energy systems providing direct heat to the dryers and thereby avoid overlap with Boiler and Process Heater MACT is to add some appropriate words to the PCWP affected source description. Here is an example, with changes underlined:

( b) The affected source is the collection of dryers, refiners, blenders, formers, presses, board coolers, and other process units associated with the manufacturing of plywood and composite wood products. The affected source includes, but is not limited to, green end operations, refining, drying operations including any energy system exhaust routinely providing direct heat ( combustion gases coming in contact with product components) to dryers, resin preparation, blending and forming operations, pressing and board cooling operations, and miscellaneous finishing operations ( such as sanding, sawing, patching, edge sealing, and other finishing operations not subject to other National Emission Standards for Hazardous Air Pollutants ( NESHAP)). The affected source also includes onsite storage and preparation of raw materials used in the manufacture of plywood and/ or composite wood products, such as resins; onsite wastewater treatment operations specifically associated with plywood and composite wood products manufacturing; and miscellaneous coating operations ( § 63.2292). The affected source includes lumber kilns at PCWP manufacturing facilities and at any other kind of facility.

Per your request, I will contact Katie and Greg to follow up. Thank you for your time.

 Steve Woock Stephen E. Woock Federal Regulatory Affairs Manager, Weyerhaeuser PO Box 1391, New Bern, NC 28563 1391 steve. woock@ weyerhaeuser. com phone 252 633 7351


[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9492-9495]
[FR Doc No: 2017-01533]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8186; Directorate Identifier 2016-NM-074-AD;
Amendment 39-18784; AD 2017-02-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by reports of skin cracking found at
the corners of the aft entry and aft galley doorways. This AD requires
repetitive inspections for cracking of the fuselage

skin assembly and the bear strap at the corners of the aft entry and
aft galley doorways, and repair if necessary, which terminates the
repetitive inspections of the repaired areas. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective March 14, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 14,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-8186.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8186; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Galib Abumeri, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5324; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on August 22, 2016 (81 FR
56538). The NPRM was prompted by reports of skin cracking found at the
corners of the aft entry and aft galley doorways. The NPRM proposed to
require repetitive inspections for cracking of the corners of the aft
entry and aft galley doorways; and repair if necessary, which
terminates the repetitive inspections of the repaired areas. We are
issuing this AD to detect and correct cracking of the corners of the
aft entry and aft galley doorways, which could result in rapid
decompression and consequent reduced structural integrity of the
airplane.

Comments

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

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing supplemental
type certificate (STC) ST01219SE does not affect compliance with the
actions specified in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of
the proposed AD as (c)(1) and added paragraph (c)(2) to this AD to
state that installation of STC ST01219SE does not affect the ability to
accomplish the actions required by this final rule. Therefore, for
airplanes on which STC ST01219SE is installed, a ``change in product''
AMOC approval request is not necessary to comply with the requirements
of 14 CFR 39.17.

Request To Clarify the Description of the Inspection

    Boeing asked that we clarify the description of the inspection in
the ``Related Service Information under 1 CFR part 51'' section of the
NPRM. Boeing requested that we change the inspection type from
``external detailed inspections'' to ``external low frequency eddy
current and detailed inspections.'' Boeing also requested that we
change the inspection location from ``the skin assembly of the corners
of the aft entry'' to ``the skin assembly and the bear strap of the
corners of the aft entry.'' Boeing indicated that the revised wording
reflects the actions specified in the service information.
    We agree with the commenter that clarification is necessary. We
have added the specified language to the ``Related Service Information
under 1 CFR part 51'' section in this final rule accordingly.

Request To Clarify the Description of the Unsafe Condition

    Boeing asked that we revise the unsafe condition specified in
paragraph (e) and the inspection requirement specified in paragraph (h)
of the proposed AD to clarify the location of the cracking from ``the
corners of the aft entry and aft galley doorways'' to ``the fuselage
skin assembly and the bear strap at the corners of the aft entry and
aft galley doorways.'' Boeing stated the unsafe condition is related to
the fuselage skin assembly and the bear strap, and added that the word
``doorways'' is generic and could include other structure.
    We agree with the commenter that clarification is necessary. We
have revised the SUMMARY section and paragraphs (e) and (h) of this AD
accordingly.

Request To Change the Inspection Paragraph Heading

    Southwest Airlines (SWA) asked that the heading of paragraph (h) of
the proposed AD be changed from ``Repetitive Inspections'' to ``Initial
and Repetitive Inspections'' (for Groups 2 through 8 airplanes) or that
we remove the word ``Repetitive'' to be consistent with the heading of
paragraph (g) of the proposed AD.
    We find that clarification is necessary. Using the term
``repetitive inspections'' is intended to cover both the initial and
repetitive inspections identified within the paragraph. In addition,
the heading of paragraph (g) of this AD does not specify repetitive
inspections because the inspection program for Group 1 airplanes is
undefined in the service information, and the need to repeat any
inspection would be determined on a case-by-case basis as approved by
the FAA. Therefore, we have made no change to this AD in this regard.

Request To Clarify Service Bulletin Provisions

    SWA also asked for clarification that the notes and provisions
identified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1350, dated May 6, 2016, apply to paragraph (h) of the
proposed AD. SWA stated that those notes specify that it is not
necessary to inspect the skin and bear strap at a cutout corner
location with an existing external repair or modification if certain
conditions are met.
    We acknowledge the commenter's concern, and agree that the notes
and provisions identified in the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1350,

dated May 6, 2016, apply in this AD. No change to this AD is necessary
in this regard.

Request To Revise Repair Method

    SWA asked that we revise paragraph (i) of the proposed AD, which
specifies repair for cracking in accordance with Part 3 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1350, dated May 6, 2016. SWA requested that we also allow repair
using a method approved by the FAA, in accordance with paragraph (k) of
the proposed AD. SWA did not provide a reason for this request.
    We do not agree with the commenter's request. It is not necessary
to specifically refer to paragraph (k) in this AD, as the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1350, dated May 6, 2016, do not include an instruction to contact
Boeing for instructions. We will always consider a request for approval
of an alternative method of compliance for the repair, if the request
is accompanied by appropriate data to show that the alternative method
would provide an acceptable level of safety. Therefore, we have made no
change to paragraph (i) of this AD.

Additional Change From the Proposed AD

    We have changed the paragraph designation for paragraph (k)(3)(i)
of the proposed AD to paragraph (k)(4) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1350, dated May 6,
2016. The service information describes procedures for, among other
things, external low frequency eddy current and detailed inspections
for cracking of the skin assembly and the bear strap, as applicable, of
the corners of the aft entry and aft galley doorways, and repair of any
cracking. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 326 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
           Action                  Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections................  22 work-hours x $85                $0  $1,870 per inspection  $609,620 per
                              per hour = $1,870                      cycle.                 inspection cycle.
                              per inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in 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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2017-02-05 The Boeing Company: Amendment 39-18784; Docket No. FAA-
2016-8186; Directorate Identifier 2016-NM-074-AD.

(a) Effective Date

    This AD is effective March 14, 2017.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes; certificated in
any category; as identified in Boeing Alert Service Bulletin 737-
53A1350, dated May 6, 2016.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BE866B732F6CF31086257B9700692796?OpenDocument&Highlight=st01219se)
does not affect the ability to

accomplish the actions required by this AD. Therefore, for airplanes
on which STC ST01219SE is installed, a ``change in product''
alternative method of compliance (AMOC) approval request is not
necessary to comply with the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of skin cracking found at the
corners of the aft entry and aft galley doorways. We are issuing
this AD to detect and correct cracking of the fuselage skin assembly
and the bear strap at the corners of the aft entry and aft galley
doorways, which could result in rapid decompression and consequent
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Inspections for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-53A1350, dated May 6, 2016: Within 120 days after the
effective date of this AD, inspect the airplane using a method
approved in accordance with the procedures specified in paragraph
(k) of this AD.

(h) Repetitive Inspections for Groups 2 Through 8 Airplanes

    For airplanes identified as Groups 2 through 8 in Boeing Alert
Service Bulletin 737-53A1350, dated May 6, 2016: At the applicable
time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1350, dated May 6, 2016, except as required
by paragraph (j) of this AD, do low frequency eddy current and
detailed inspections for cracking of the fuselage skin assembly and
the bear strap at the aft entry and aft galley doorway corners, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1350, dated May 6, 2016. Repeat
the inspections thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1350, dated May 6, 2016.

(i) Repair

    If any crack is found during any inspection required by
paragraph (h) of this AD, repair before further flight, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1350, dated May 6, 2016.
Accomplishment of this repair terminates the repetitive inspections
required by paragraph (h) of this AD for the repaired doorway corner
location only.

(j) Exception to Service Information Specifications

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1350, dated May 6, 2016, specifies a compliance time
``after the original issue date of this service bulletin,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane and the approval
must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(k)(4)(i) and (k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    For more information about this AD, contact Galib Abumeri,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5324; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 737-53A1350, dated May 6,
2016.
    (ii) Reserved.
    (3) For service information identified in this AD, Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone
562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 11, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-01533 Filed 2-6-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Page 5398]
[FR Doc No: 2014-02052]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3301-002, ER10-2757-003, ER10-2756-003.
    Applicants: Arlington Valley, LLC, Griffith Energy LLC, GWF Energy
LLC.
    Description: Notice of Change in Status under Market Based
Authority, et. al. of the Star West Companies.
    Filed Date: 1/22/14.
    Accession Number: 20140122-5228.
    Comments Due: 5 p.m. ET 2/12/14.

    Docket Numbers: ER13-2164-001.
    Applicants: Southwest Power Pool, Inc.
    Description: AG Study Backlog Clearing Process Tariff Revisions
Compliance Filing to be effective 10/12/2013.
    Filed Date: 11/8/13.
    Accession Number: 20131108-5121.
    Comments Due: 5 p.m. ET 2/3/14.

    Docket Numbers: ER14-8-001.
    Applicants: Public Service Company of Oklahoma.
    Description: Operating Agreement Compliance to be effective 3/1/
2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5042.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-581-001.
    Applicants: ISO New England Inc.
    Description: Tariff Revisions Related to Demand Response Comm. Op.
Auditing to be effective 6/1/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5057.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-724-001.
    Applicants: Westar Energy, Inc.
    Description: Amendment, Market-Based Rate Tariff to be effective 3/
1/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5143.
    Comments Due: 5 p.m. ET 2/3/14.

    Docket Numbers: ER14-772-001.
    Applicants: Fortistar North Tonawanda Inc.
    Description: Supplemental Filing to be effective 1/23/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5063.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-1106-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: OATT 2nd Revised Attachment F-2 NITSA to be effective
1/1/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5000.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-1139-000.
    Applicants: PacifiCorp.
    Description: Termination of Logan City Construction Agreement to be
effective 4/10/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5074.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-1140-000.
    Applicants: Inspire Energy Holdings, LLC.
    Description: Inspire Energy Holdings, LLC FERC Tariff Filing to be
effective 1/24/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5092.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-1141-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: 4th Quarter 2013 Updates to PJM Operating Agreement
and RAA Membership Lists to be effective 12/31/2013.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5125.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-1142-000.
    Applicants: NorthWestern Corporation.
    Description: SA 703--Yellowstone Valley Electric Coop Telemetry
Construction Agreement to be effective 1/24/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5127.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-1143-000.
    Applicants: ONEOK Energy Services Company, L.P.
    Description: ONEOK Energy Services Notice of MBR Tariff
Cancellation and Request for Waiver to be effective 1/23/2014.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5144.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-1147-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Revisions to the NCPC Credit Rules to be effective 12/
3/2014.
    Filed Date: 1/24/14
    Accession Number: 20140124-5050.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1148-000.
    Applicants: Public Service Company of Colorado.
    Description: 2014-1-24--PSC-RDCWD-Rev-ISA-116-0.0.0-Filing to be
effective 3/25/2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5075.
    Comments Due: 5 p.m. ET 2/14/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 24, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-02052 Filed 1-30-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Notices]
[Pages 48161-48163]
[FR Doc No: 2013-19073]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9844-5]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (CAA or the Act), notice is hereby given of a proposed consent
decree to address a lawsuit filed by Sierra Club (Plaintiff) in the
United States District Court for the District of Columbia: Sierra Club
v. Jackson, No.1:12-cv-01237-ESH (D.D.C.). On or about July 26, 2012,
the plaintiff filed a complaint alleging that EPA had failed to take
action on certain State Implementation Plan (SIP) submittals by the
states of New Jersey and Michigan. Specifically, the complaint alleged
that EPA had failed to make a finding that the state of New Jersey did
not submit SIP revisions addressing the nonattainment New Source Review
requirements for the 1997 fine particulate matter National Ambient Air
Quality Standard (1997 PM2.5 NAAQS) in the State of New
Jersey portion of the Philadelphia-Wilmington nonattainment area. The
complaint further alleged that EPA had failed to take final action on
the attainment demonstration, contingency measures, emission inventory
and Reasonably Available Control Measures or Reasonably Available
Control Technology (RACM/RACT), requirements for the 1997
PM2.5 NAAQS in both the State of Michigan's SIP submittal
for the Detroit-Ann Arbor nonattainment area and the New Jersey SIP
submittal for the State of New Jersey portion of the Philadelphia-
Wilmington nonattainment area. The complaint also alleged that EPA
failed to publish a notice of determination in the Federal Register
regarding whether the Detroit-Ann Arbor area had attained the 1997
PM2.5 NAAQS by the applicable

attainment date. The proposed consent decree establishes deadlines for
EPA to take certain actions.

DATES: Written comments on the proposed consent decree must be received
by September 6, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0553, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 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. Comments on a disk or CD-ROM should be
formatted in Word or 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: Winifred N. Okoye, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit seeking to
compel action by the Administrator to take final action under section
110(k)(3) and (4), 42 U.S.C. 7410(k)(3) and (4), to approve or
disapprove, in whole or in part certain States of New Jersey and
Michigan SIP submittals.
    The proposed consent decree requires EPA, on or before September
30, 2013, to sign and thereafter promptly forward to the Office of
Federal Register for review and publication a notice of final action
addressing whether the State of New Jersey has failed to submit SIP
revisions addressing the nonattainment New Source Review requirements
for the 1997 PM2.5 NAAQS in the State of New Jersey portion
of the Philadelphia-Wilmington nonattainment area. The proposed consent
decree also requires EPA, on or before November 30, 2013, to sign and
thereafter promptly forward to the Office of Federal Register for
review and publication a notice taking final action on the attainment
demonstration, contingency measures, emission inventory and Reasonably
Available Control Measures or Reasonably Available Control Technology
(RACM/RACT), requirements for the 1997 PM2.5 NAAQS in the
State of New Jersey SIP submittal for the State of New Jersey portion
of the Philadelphia-Wilmington nonattainment area. EPA is not required,
however, to act on any submission or portion thereof that is withdrawn
prior to the applicable deadline. Because the state of Michigan
withdrew its SIP submission for the attainment demonstration for the
Detroit-Ann Arbor 1997 PM2.5 nonattainment area, on May 20,
2013, the proposed consent decree does not require EPA to act on this
submission or any portion thereof.
    The proposed consent decree also states that the consent decree can
be modified by either the parties, or the court following a motion by a
party and a response thereto. In addition, the parties agree to
informally resolve Sierra Club's claim for litigation costs pursuant to
section 304(d), 42 U.S.C. 7604(d), but that the court would retain
jurisdiction to resolve that claim.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed consent decree from persons who were not named as parties
or intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines, based on any comment which may be submitted, that
consent to the consent decree should be withdrawn, the terms of the
decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC- 2013-0553, which contains a copy of the
consent decree. The official public docket is available for public
viewing at the Office of Environmental Information (OEI) Docket in the
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
www.regulations.gov. You may use the www.regulations.gov to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic

public docket. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: July 31, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-19073 Filed 8-6-13; 8:45 am]
BILLING CODE 6560-50-P