[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Rules and Regulations]
[Pages 68795-68799]
[FR Doc No: 2014-27126]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2009-0234; FRL-9919-21-OAR]
RIN 2060-AS39

National Emission Standards for Hazardous Air Pollutants: Coal-
and Oil-Fired Electric Steam Generating Units

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to amend the National Emission Standards for Hazardous Air
Pollutants: Coal- and Oil-Fired Electric Steam Generating Units
(Mercury and Air Toxics Standards (MATS)). This direct final rule
amends the reporting requirements in the MATS rule by temporarily
requiring affected sources to submit all required emissions and
compliance reports to the EPA through the Emissions Collection and
Monitoring Plan System (ECMPS) Client Tool and temporarily suspending
the requirement for affected sources to submit certain reports using
the Electronic Reporting Tool and the Compliance and Emissions Data
Reporting Interface (CEDRI).

DATES: This rule is effective on January 5, 2015 without further
notice, unless the EPA receives adverse comment by December 19, 2014.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that some or
all of the amendments in the final rule will not take effect.

ADDRESSES: Comments. Submit your comments, identified by Docket ID
Number EPA-HQ-OAR-2009-0234, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID Number
EPA-HQ-OAR-2009-0234.
     Fax:<PHONE_NUMBER>. Attention Docket ID Number EPA-HQ-
OAR-2009-0234.
     Mail: U.S. Postal Service, send comments to: U.S.
Environmental Protection Agency, EPA Docket Center, Mail Code: 28221T,
Attention Docket ID Number EPA-HQ-OAR-2009-0234, 1200 Pennsylvania Ave.
NW., Washington, DC 20460.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Ave.
NW., Washington, DC 20004. Attention Docket ID Number EPA-HQ-OAR-2009-
0234. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions. Direct your comments to Docket ID Number EPA-HQ-OAR-
2009-0234. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be confidential business information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through http://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information

about the EPA's public docket, visit the EPA Docket Center homepage at:
http://www.epa.gov/dockets.
    We request that you also send a separate copy of each comment to
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Mr. Barrett Parker, Sector Policies
and Programs Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number: (919)
541-3207; and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Organization of This Document. The information in this preamble is
organized as follows:

I. Why is the EPA using a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my comments for the EPA?
IV. What are the amendments made by this direct final rule?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of this Federal Register, we are publishing a separate document
that will serve as the proposed rule to the National Emission Standards
for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Steam
Generating Units, if adverse comments are received on this direct final
rule. If the EPA receives adverse comment on all or a distinct portion
of this direct final rule, we will publish a timely withdrawal in the
Federal Register informing the public that some or all of this direct
final rule will not take effect. Any rule provisions that are not
withdrawn will become effective on January 5, 2015 notwithstanding
adverse comment on any other provision, unless we determine that it
would not be appropriate to promulgate those provisions because they
are affected by another provision (or provisions) for which we receive
adverse comments. If we receive adverse comments on this direct final
rule, resulting in withdrawal of the entire rule or any part(s) of it,
we will address those comments when we finalize the proposal we are
also publishing in this Federal Register. The EPA does not plan to
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.

II. Does this direct final rule apply to me?

    Categories and entities potentially regulated by this final rule
include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category             NAICS Code \1\          entities
------------------------------------------------------------------------
Industry.......................          221112  Fossil fuel-fired
                                                  electric steam
                                                  generating units.
Federal government \2\.........          221122  Fossil fuel-fired
                                                  electric steam
                                                  generating units owned
                                                  by the federal
                                                  government.
State/local/tribal government            221122  Fossil fuel-fired
 \2\.                                             electric steam
                                                  generating units owned
                                                  by states, tribes or
                                                  municipalities.
                                         921150  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units in
                                                  Indian country.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ Federal, state or local government-owned and operated establishments
  are classified according to the activity in which they are engaged.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
direct final rule. To determine whether your facility would be
regulated by this direct final rule, you should examine the
applicability criteria in 40 CFR 63.9981. If you have any questions
regarding the applicability of this action to a particular entity,
consult either the air permitting authority for the entity or your EPA
regional representative as listed in 40 CFR 63.13.

III. What should I consider as I prepare my comments for the EPA?

    Submitting CBI. Do not submit information containing CBI to the EPA
through http://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comments that includes information claimed
as CBI, you must submit a copy of the comments that does not contain
the information claimed as CBI for inclusion in the public docket. If
you submit a CD-ROM or disk that does not contain CBI, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver
information identified as CBI only to the following address: Roberto
Morales, OAQPS Document Control Officer (C404-02), OAQPS, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, and Attention Docket ID Number EPA-HQ-OAR-2009-0234.

IV. What are the amendments made by this direct final rule?

    This direct final rule amends the reporting requirements in 40 CFR
63.10031(f) of the MATS regulation. Currently the rule requires
affected sources to submit certain MATS emissions and compliance
information electronically, using either the CEDRI or the ECMPS Client
Tool. The EPA has developed these two systems for the electronic
submittal of emissions data. Historically, CEDRI has been used by
sources regulated under 40 CFR parts 60 and 63 to submit performance
test reports and other air emissions reports. Historically, ECMPS has
been used to report emissions data under the EPA's

Acid Rain Program and other programs that are required to continuously
monitor and report emissions according to 40 CFR part 75. These two
systems have enhanced the way sources are reporting emissions data to
the EPA by providing a streamlined and standardized electronic
approach.
    Subsequent to publication of MATS, stakeholders commented that the
EPA could improve the reporting efficiency of the rule by requiring all
data to be reported to one system instead of two. Stakeholders also
commented that one system could benefit the EPA and the public in the
review of data submitted by setting one consistent format for all data
reported through MATS. Further, because the vast majority of sources
covered under the MATS rule have been using the ECMPS Client Tool since
2009, the stakeholders have encouraged the EPA to seriously consider
consolidating the electronic reporting under ECMPS.
    The EPA agrees with the stakeholders that taking an action to
increase the efficiency of reporting is not only a plausible path
forward, but also a priority of the agency. As a result, the EPA plans
to start the process of converting all electronic reporting in the rule
to be facilitated by the ECMPS Client Tool with the first step of
conversion being this direct final rulemaking. However, because the EPA
cannot create a detailed set of reporting instructions and design,
develop, beta-test and implement the necessary modifications to the
ECMPS Client Tool prior to April 16, 2015, the compliance deadline for
the MATS rule, the EPA is implementing a phased approach to completing
the modifications to the ECMPS Client Tool.
    The first part of the phased approach the EPA plans to take is this
direct final rulemaking. This direct final rule requires sources to
temporarily use the ECMPS Client Tool to submit Portable Document
Format (PDF) versions of the reports that the current MATS rule
requires to be submitted using CEDRI. The specific reports that must be
submitted in PDF format include: Quarterly and annual performance stack
test reports; 30 operating day Hg LEE test reports; Relative Accuracy
Test Audits (RATA) reports for Sulfur Dioxide (SO2),
Hydrogen Chloride (HCl), Hydrogen Fluoride (HF), and Mercury (Hg)
monitors; Relative Calibration Audit (RCA) and Relative Response Audit
(RRA) reports for Particulate Matter (PM) Continuous Emissions
Monitoring System (CEMS); 30 operating day rolling average reports for
PM CEMS, PM Continuous Parameter Monitoring System (CPMS), and approved
HAP metals CEMS; and Semiannual compliance reports. Reports for the
performance stack tests, Hg Low Emitting EGU (LEE) tests, RATAs, RRAs,
and RCAs typically include a description of the source, the test
date(s), a list of attendees, a test protocol, a summary of results,
raw field data, and example calculations, and, depending on the
method(s) used, may also include the results of sample analyses,
quality-assurance information (e.g., bias and drift checks), instrument
calibrations, and calibration gas certificates. Additionally, the due
dates for all report submittals will continue to be the same as in the
original final MATS rulemaking in the Federal Register at 77 FR 9303,
February 16, 2012.
    The EPA realizes that submitting electronic PDF reports is not as
desirable as reporting the data in extensible markup language (XML)
format, because the information in a PDF report cannot easily be
extracted and put in a database format. In view of this, the EPA
intends to promulgate an additional data reporting revision to the MATS
rule in the second phase of this approach. In the second phase the EPA
plans to develop another direct final rulemaking that requires affected
sources to submit the data elements required in the rule in a
structured XML format using the ECMPS Client Tool, already in use. The
second phase will complete the process of conversion of the electronic
reporting of data using the ECMPS Client Tool and the MATS rule will be
revised to specify all of the required XML data elements for each type
of report. The EPA will also develop a detailed set of reporting
instructions for each report and modify ECMPS accordingly, in order to
be able to receive and process the data submitted.
    In the event the EPA is unable to finalize the rulemaking for the
second phase of the electronic reporting conversion by April 16, 2017,
in accordance with the revisions to the reporting requirements
contained in this rulemaking, the reporting requirements will
automatically revert to the original requirements set forth in the
original MATS rulemaking in the Federal Register at 77 FR 9303,
February 16, 2012. This is to ensure that the data submitted in the
future is consistent with the database accessibility that is associated
with information reported in structured XML formats even if the second
rulemaking cannot be finalized. Accordingly, this rulemaking includes a
date of April 16, 2017, to complete the second phase of the electronic
reporting conversion to the ECMPS Client Tool.
    Comments on this direct final rule are to be limited to issues
directly associated with the electronic reporting changes covered in 40
CFR 63.10031.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
because it does not change the information collection requirements.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulation (40 CFR part 63, subpart UUUUU) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and
has assigned OMB control number 2137.06. The OMB control numbers for
the EPA's regulations are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impact of this final action on small
entities, small entity is defined as: (1) A small business that is an
electric utility producing 4 billion kilowatt-hours or less as defined
by NAICS codes 221122 (fossil fuel-fired electric utility steam
generating units) and 921150 (fossil fuel-fired electric utility steam
generating units in Indian country); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small

entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    This rule will not impose any requirements on small entities, and
no small entities are expected to incur annualized costs as a result of
the amendments. We have determined that the amendments will not result
in any ``significant'' adverse economic impact for small entities. This
amendment does not create any new requirements or burdens, and no costs
are associated with this amendment.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any one year.
The costs of the final amendments would not increase costs associated
with the final rule. Thus, this rule is not subject to the requirements
of sections 202 or 205 of the Unfunded Mandates Reform Act (UMRA).
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The final
amendments contain no requirements that apply to such governments and
impose no obligations upon them.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action does not modify
existing responsibilities or create new responsibilities among the EPA
Regional offices, states or local enforcement agencies. Thus, Executive
Order 13132 does not apply to this action.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The final
amendments impose no requirements on tribal governments. Thus,
Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.

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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs the EPA to provide Congress, through OMB, explanations
when the agency decides not to use available and applicable VCS.
    This action does not involve technical standards. Therefore, the
EPA did not consider the use of any VCS.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The final amendments are either clarifications or
compliance alternatives which will neither increase or decrease
environmental protection.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
the final rule and other required information to the United States
Senate, the United States House of Representatives and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be
effective on January 5, 2015.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: November 7, 2014.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:

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

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

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

Subpart UUUUU--National Emission Standards for Hazardous Air
Pollutants: Coal- and Oil-Fired Electric Steam Generating Units

0
2. Section 63.10031 is amended by:
0
a. Revising the first sentence in each of the following paragraphs: (f)
introductory text, (f)(1), (f)(2), and (f)(4);
0
b. Revising paragraph (f)(5); and
0
c. Adding paragraph (f)(6) to read as follows.

Sec.  63.10031  What reports must I submit and when?

* * * * *
    (f) On or after April 16, 2017, within 60 days after the date of
completing each performance test, you must submit the results of the
performance tests required by this subpart to EPA's WebFIRE database by
using the Compliance and Emissions Data Reporting Interface (CEDRI)
that is accessed through EPA's Central Data Exchange (CDX)
(www.epa.gov/cdx). * * *
    (1) On or after April 16, 2017, within 60 days after the date of
completing each CEMS (SO2, PM, HCl, HF, and Hg) performance
evaluation test, as defined in Sec.  63.2 and required by this subpart,
you must submit the relative accuracy test audit (RATA) data (or, for
PM CEMS, RCA and RRA data) required by this subpart to EPA's WebFIRE
database by using CEDRI that is accessed through EPA's CDX
(www.epa.gov/cdx). * * *
    (2) On or after April 16, 2017, for a PM CEMS, PM CPMS, or approved
alternative monitoring using a HAP metals CEMS, within 60 days after
the reporting periods ending on March 31st, June 30th, September 30th,
and December 31st, you must submit quarterly reports to EPA's WebFIRE
database by using the CEDRI that is accessed through EPA's CDX
(www.epa.gov/cdx). * * *
* * * * *
    (4) On or after April 16, 2017, submit the compliance reports
required under paragraphs (c) and (d) of this section and the
notification of compliance status required under Sec.  63.10030(e) to
EPA's WebFIRE database by using the CEDRI that is accessed through
EPA's CDX (www.epa.gov/cdx). * * *
    (5) All reports required by this subpart not subject to the
requirements in paragraphs (f) introductory text and (f)(1) through (4)
of this section must be sent to the Administrator at the appropriate
address listed in Sec.  63.13. If acceptable to both the Administrator
and the owner or operator of a source, these reports may be submitted
on electronic media. The Administrator retains the right to require
submittal of reports subject to paragraphs (f) introductory text and
(f)(1) through (4) of this section in paper format.
    (6) Prior to April 16, 2017, all reports subject to electronic
submittal in paragraphs (f) introductory text, (f)(1), (f)(2), and
(f)(4) of this section shall be submitted to the EPA in electronic
portable document format (PDF) using the ECMPS Client Tool. The
following data elements must be entered into the ECMPS Client Tool at
the time of submission of the PDF file:
    (i) The facility name, physical address, mailing address (if
different from the physical address), and county;
    (ii) The ORIS code (or equivalent ID number assigned by EPA's Clean
Air Markets Division (CAMD)) and the Facility Registry System (FRS) ID;
    (iii) The EGU (or EGUs) to which the report applies. Report the EGU
IDs as they appear in the CAMD Business System;
    (iv) If any of the EGUs in paragraph (f)(6)(iii) of this section
share a common stack, indicate which EGUs share the stack. If emissions
data are monitored and reported at the common stack according to part
75 of this chapter, report the ID number of the common stack as it is
represented in the electronic monitoring plan required under Sec.
75.53 of this chapter;
    (v) If any of the EGUs described in paragraph (f)(6)(iii) of this
section are in an averaging plan under Sec.  63.10009, indicate which
EGUs are in the plan and whether it is a 30- or 90-day averaging plan;
    (vi) The identification of each emission point to which the report
applies. An ``emission point'' is a point at which source effluent is
released to the atmosphere, and is either a dedicated stack that serves
one of the EGUs identified in paragraph (f)(6)(iii) of this section or
a common stack that serves two or more of those EGUs. To identify an
emission point, associate it with the EGU or stack ID in the CAMD
Business system or the electronic monitoring plan (e.g., ``Unit 2
stack,'' ``common stack CS001,'' or ``multiple stack MS001'');
    (vii) The rule citation (e.g., Sec.  63.10031(f)(1), Sec.
63.10031(f)(2), etc.) for which the report is showing compliance;
    (viii) The pollutant(s) being addressed in the report;
    (ix) The reporting period being covered by the report (if
applicable);
    (x) The relevant test method that was performed for a performance
test (if applicable);
    (xi) The date the performance test was conducted (if applicable);
and
    (xii) The responsible official's name, title, and phone number.
* * * * *
[FR Doc. 2014-27126 Filed 11-18-14; 8:45 am]
BILLING CODE 6560-50-P


The SBAR Panel undertook detailed analysis of the four regulatory flexibility alternatives and of the comments and discussion provided by the small entity representatives during the SBAR Panel process. Consensus was not reached as to the final recommendation of the Panel. Two Panel members recommended that EPA pursue Option 4 as the means of providing flexibility to small entities under the proposed CAIR FIP and section 126 action. In general, this was due to the ability of the existing CAIR rule to provide a number of flexibilities to small entity sources, such as ability to trade and bank allowances, the inclusion of a compliance supplement pool for NOx, and reduced monitoring requirements for some small units. In making this recommendation, these two Panel members also considered the possible trade offs in terms of administrative ease and the ability to target sources that would need effective relief. 7/ 29/ 05 Draft  Do Not Quote or Cite 189 All SBAR Panel members agree that for the great majority of affected small entities, the CAIR model trading rules, or Option 4, provides the appropriate mechanism for limiting economic burdens, by allowing the purchase and sale of allowances in the market by all units. In the view of one Panel member, the Option 3 hardship approach best accommodates the needs of small entities with severe hardships and the burden of administering this added program element, while preserving the identical benefits of the CAIR program. Essentially, this Panel member suggested that EPA could provide meaningful relief to entities expected to experience severe hardship by setting aside some percentage of States' annual NOx budgets, and providing these allowances to small entity sources that demonstrate the potential for severe economic hardship as a result of the proposed action. Analysis conducted by this Panel member suggested that setting aside approximately 15,000 NOx allowances annually could provide significant relief to entities projected to experience severe hardship as a result of the proposed CAIR FIP and section 126 action.

The SBAR Panel did not recommend that EPA incorporate Option 1 or Option 2 into the CAIR FIP and section 126 action. Regarding Option 1, the Panel generally agreed that this option would not provide a mechanism for providing 7/ 29/ 05 Draft  Do Not Quote or Cite 190 relief to many small entity sources. Additionally, EPA noted that this option was made available under the NOx SIP call, and was used very sparsely. The majority of small entity representatives did not express support for this option. Option 2 could be implemented using either a safety valve price for small entity sources that falls below the projected allowance prices, or above projected allowance prices. Given the implementation issues discussed in Section 3 of the Report, and the uncertainty about what type of relief this option might provide, the Panel did not recommend that EPA consider this option further.

The EPA invites comment on all aspects of the proposal and its impacts on small entities. The EPA is accepting comment only on today's proposal. EPA is not accepting comment on the CAIR or otherwise reopening any issue decided in the CAIR for reconsideration or comment, except that we are taking comment specifically the revisions to the CAIR and the Acid Rain program that EPA is proposing in today's action, as well as on the proposed CAIR FIP, the Section 126 response, and the impacts of these proposals on small entities.

D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995,

Pub. L. 104 4, establishes requirements for Federal agencies 7/ 29/ 05 Draft  Do Not Quote or Cite 191 to assess the effects of their regulatory actions on State,

local, and tribal governments and the private sector. Under section 202 of the UMRA, 2 U. S. C. 1532, EPA generally must prepare a written statement, including a cost benefit analysis, for any proposed or final rule that " includes any Federal mandate that may result in the expenditure by State,

local, and tribal governments, in the aggregate, or by the private sector, of $ 100,000,000 or more ... in any one year." A " Federal mandate" is defined under section 421( 6),

2 U. S. C. 658( 6), to include a " Federal intergovernmental mandate" and a " Federal private sector mandate." A " Federal intergovernmental mandate," in turn, is defined to include a regulation that " would impose an enforceable duty upon State, local, or tribal governments," section 421( 5)( A)( i),

2 U. S. C. 658( 5)( A)( i), except for, among other things, a duty that is " a condition of Federal assistance," section 421( 5)( A)( i)( I). A " Federal private sector mandate"

includes a regulation that " would impose an enforceable duty upon the private sector," with certain exceptions, section 421( 7)( A), 2 U. S. C. 658( 7)( A).

The EPA is taking the position that the requirements of UMRA apply because this action could result in the establishment of enforceable mandates directly applicable to sources ( including sources owned by State and local governments) that could result in costs greater than $ 100 7/ 29/ 05 Draft  Do Not Quote or Cite 192 million in any one year. The UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost effective or least burdensome alternative that achieves the objectives of the rule.

EPA is relying upon the government entity analysis prepared for the final CAIR. The actual impacts on government entities of today's action would likely be less than those estimated in the analysis done for the CAIR because fewer States and individual sources are likely to be affected.

According to EPA's analysis, the total net economic impact on government owned entities is expected to be negative in both 2010 and 2015. However, IPM modeling projects that about 340 MW of municipality owned capacity ( about 0.4 percent of all subdivision, State and municipality capacity in the CAIR region) would be uneconomic to maintain under CAIR, beyond what is projected in the Base Case. In practice, units projected to be uneconomic to maintain may be " mothballed", retired, or kept in service to ensure transmission reliability in certain parts of the grid. Our IPM modeling is unable to distinguish between these potential outcomes.

Of the 81 potentially affected government entities considered in EPA's analysis, and the 265 government 7/ 29/ 05 Draft  Do Not Quote or Cite 193 entities in the CAIR region that are included in EPA modeling, 19 may experience compliance costs in excess of one percent of revenues in 2010, and 38 may in 2015, based on our assumptions of how the affected States implement control measures to meet their emissions budgets as set forth in CAIR.

Government entities projected to experience compliance costs in excess of 1 percent of revenues have some potential for significant impact resulting from implementation of this rulemaking. However, the majority of entities facing potentially significant impacts are located in States with regulated electricity markets, where they have the ability to pass some or all of their compliance cost on to ratepayers. In addition, the decision to include only units greater than 25 MW in size exempts 179 government entities that would otherwise be potentially affected by regulations implementing the CAIR trading programs. Finally, the use of cap and trade in general will limit impacts on entities owned by small governments relative to a less flexible command and control program.

Under section 203 of UMRA, 2 U. S. C. 1533, before EPA establishes any regulatory requirements " that might significantly or uniquely affect small governments," EPA must have developed a small government agency plan. The plan must provide for notifying potentially affected small 7/ 29/ 05 Draft  Do Not Quote or Cite 194 governments; enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates; and informing,

educating, and advising small governments on compliance with the regulatory requirements. The requirements do not distinguish EGUs based on ownership, either for those units that are included within the scope of the rule or for those units that are exempted by the generating capacity cut off.

Consequently, the rule has no requirements that uniquely affect small governments that own or operate EGUs within the SIP call region. With respect to the significance of the rule's provisions, EPA's UMRA analysis demonstrates that the economic impact of the rule will not significantly affect State or municipal EGUs or non EGUs, either in terms of total cost incurred and the impact of the costs on revenue,

or increased cost of electricity to consumers. Therefore,

development of a small government plan under section 203 of the Act is not required.

During the CAIR rulemaking process, EPA prepared a written statement consistent with the requirements of section 202 of the UMRA. Furthermore, in a manner consistent with the intergovernmental consultation provisions of section 204 of the UMRA, EPA carried out consultations with the governmental entities potentially 7/ 29/ 05 Draft  Do Not Quote or Cite 195 affected by this rule during the CAIR rulemaking process.

E. Executive Order 13132: Federalism Executive Order 13132, entitled " Federalism" ( 64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure " meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications."

" Policies that have federalism implications" is defined in the Executive Order to include regulations that have " substantial direct effects on the States, on the relationship between the national government and the States,

or on the distribution of power and responsibilities among the various levels of government."

This proposed rule does not have federalism implications. It would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government,

as specified in Executive Order 13132. These effects would not occur from the final rule itself because it is the provisions of the CAA that require EPA, after a State has failed to submit a SIP or a complete SIP, to make a finding to that effect and then to promulgate a FIP within 2 years of the finding. Although EPA would be exercising discretion 7/ 29/ 05 Draft  Do Not Quote or Cite 196 to promulgate the FIP within the early part of the 2 year period, EPA would rescind the FIP for each State that submits a SIP that EPA approves, and, if the FIP remains,

sources are not required to implement controls until after the close of the 2 year period. Moreover, as emphasized throughout the preamble, States are not required to adopt the FIP provisions, or any particular portion thereof, in order for EPA to approve their SIPs. Thus, Executive Order 13132 does not apply to this proposed rule.

Even so, in the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA consulted with State and local officials early in the process of developing the proposed regulation to permit them to have meaningful and timely input into its development. The EPA is including a number of provisions for States in the proposed rule so as not to constrain States' abilities to complete approvable SIP revisions, such as the ability to submit abbreviated SIP revisions, and the intent to withdraw the FIP upon approval of State SIP revisions.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled " Consultation and 7/ 29/ 05 Draft  Do Not Quote or Cite 197 Coordination with Indian Tribal Governments" ( 65 FR 67249,

November 9, 2000), requires EPA to develop an accountable process to ensure " meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications." This proposal does not have " Tribal implications" as specified in Executive Order 13175.

This proposal addresses transport of pollution for precursors of ozone and PM2.5. The CAA provides for States and Tribes to develop plans to regulate emissions of air pollutants within their jurisdictions. The regulations clarify the statutory obligations of States and Tribes that develop plans to implement these rules. The Tribal Authority Rule ( TAR) gives Tribes the opportunity to develop and implement CAA programs, but it leaves to the discretion of the Tribe whether to develop these programs and which programs, or appropriate elements of a program, the Tribe will adopt.

This proposal does not have Tribal implications as defined by Executive Order 13175. It do not have a substantial direct effect on one or more Indian Tribes,

because no Tribe has implemented a federally enforceable air quality management program under the CAA at this time.

Furthermore, this proposal does not affect the relationship or distribution of power and responsibilities between the 7/ 29/ 05 Draft  Do Not Quote or Cite 198 Federal Government and Indian Tribes. The CAA and the TAR establish the relationship of the Federal Government and Tribes in developing plans to attain the NAAQS, and this proposal does nothing to modify that relationship. Because this proposal does not have Tribal implications, Executive Order 13175 does not apply.

If one assumes a Tribe is implementing a Tribal Implementation Plan, today's proposal could have implications for that Tribe, but would not impose substantial direct costs upon the Tribe, nor preempt Tribal law. As provided above, EPA has estimated that the total annual private costs for the FIP for the CAIR region as implemented by State, local, and Tribal governments to be approximately $ 2.4 billion in 2010 and $ 3.6 billion in 2015 ( 1999$). There are currently very few emissions sources in Indian country that could be affected by these rules and the percentage of Tribal land that will be impacted is very small. For Tribes that choose to regulate sources in Indian country, the costs would be attributed to inspecting regulated facilities and enforcing adopted regulations.

EPA consulted with Tribal officials in developing the final CAIR rule. The EPA encouraged Tribal input at an early stage. Also, EPA held periodic meetings with the States and the Tribes during the technical development of 7/ 29/ 05 Draft  Do Not Quote or Cite 199 CAIR. Three meetings were held with the Crow Tribe, where the Tribe expressed concerns about potential impacts of the rule on their coal mine operations. In addition, EPA held three calls with Tribal environmental professionals to address concerns specific to the Tribes. These discussions have given EPA valuable information about Tribal concerns regarding the development of CAIR. During the CAIR rulemaking process, the EPA provided briefings for Tribal representatives and the newly formed National Tribal Air Association ( NTAA), and other national Tribal forums. Input from Tribal representatives was taken into consideration in development of CAIR.

G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045, " Protection of Children from Environmental Health and Safety Risks" ( 62 FR 19885, April 23, 1997) applies to any rule that ( 1) is determined to be " economically significant" as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, Section 5   501 of the Order directs the Agency to evaluate the environmental health or safety effects of the planned rule on children, and explain 7/ 29/ 05 Draft  Do Not Quote or Cite 200 why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

These actions are not subject to the Executive Order,

because they do not involve decisions on environmental health or safety risks that may disproportionately affect children. The EPA believes that the emissions reductions from the strategies in these proposals would further improve air quality and would further improve children's health.

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Executive Order 13211 ( 66 FR 28355, May 22, 2001)

provides that agencies shall prepare and submit to the Administrator of the Office of Regulatory Affairs, OMB, a Statement of Energy Effects for certain actions identified as " significant energy actions." Section 4( b) of Executive Order 13211 defines " significant energy actions" as " any action by an agency ( normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of final rulemaking, and notices of final rulemaking ( 1) ( i) a significant regulatory action under Executive Order 12866 or any successor order,

and ( ii) likely to have a significant adverse effect on the 7/ 29/ 05 Draft  Do Not Quote or Cite 201 supply, distribution, or use of energy; or ( 2) designated by the Administrator of the Office of Information and Regulatory Affairs as a " significant energy action." This proposed rule is a significant regulatory action under Executive Order 12866, and this rule may have a significant adverse effect on the supply, distribution, or use of energy. These impacts are detailed in the final CAIR ( 70 FR 25315).

I. National Technology Transfer Advancement Act Section 12( d) of the National Technology Transfer and Advancement Act ( NTTAA) of 1995 ( Public Law No. 104 113; 15 U. S. C. 272 note) directs EPA to use voluntary consensus standards in its regulatory and procurement activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( e. g., materials specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through annual reports to OMB, with explanations when an agency does not use available and applicable voluntary consensus standards.

Today's proposed rule would implement requirements largely identical to the requirements in the CAIR. This proposal would require all sources that participate in the trading programs under part 97 ( analogous to the CAIR SIP 7/ 29/ 05 Draft  Do Not Quote or Cite 202 trading programs under part 96) to meet the applicable monitoring requirements of part 75. Part 75 already incorporates a number of voluntary consensus standards.

Consistent with the Agency's Performance Based Measurement System ( PBMS), part 75 sets forth performance criteria that allow the use of alternative methods to the ones set forth in part 75. The PBMS approach is intended to be more flexible and cost effective for the regulated community; it is also intended to encourage innovation in analytical technology and improved data quality. At this time, EPA is not recommending any revisions to part 75; however, EPA periodically revises the test procedures set forth in part 75. When EPA revises the test procedures set forth in part 75 in the future, EPA will address the use of any new voluntary consensus standards that are equivalent.

Currently, even if a test procedure is not set forth in part 75, EPA is not precluding the use of any method, whether it constitutes a voluntary consensus standard or not, as long as it meets the performance criteria specified; however, any alternative methods must be approved through the petition process under Section 75.66 before they are used under part 75.

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations 7/ 29/ 05 Draft  Do Not Quote or Cite 21 U. S. Environmental Protection Agency, 1998. Guidance for Incorporating Environmental Justice Concerns in EPA's NEPA Compliance Analyses. Office of Federal Activities, Washington, D. C., April, 1998.

203 Executive Order 12898, " Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations," requires Federal agencies to consider the impact of programs, policies, and activities on minority populations and low income populations. According to EPA guidance, 21 agencies are to assess whether minority or lowincome populations face risks or a rate of exposure to hazards that are significant and that " appreciably exceed or is likely to appreciably exceed the risk or rate to the general population or to the appropriate comparison group."

( EPA, 1998)

In accordance with Executive Order 12898, the Agency has considered whether these proposals, if promulgated, may have disproportionate negative impacts on minority or low income populations. The Agency expects these proposals would lead to reductions in air pollution and exposures generally. For this reason, negative impacts to these subpopulations that appreciably exceed similar impacts to the general population are not expected.

List of Subjects 7/ 29/ 05 Draft  Do Not Quote or Cite 204 40 CFR Parts 51 and 52 Administrative practice and procedure, Air pollution control, Intergovernmental relations, Nitrogen oxides,

Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Parts 72, 73, 74, and 78 Acid rain, Administrative practice and procedure, Air pollution control, Electric utilities, Intergovernmental relations, Nitrogen oxides, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Parts 96 and 97 Administrative practice and procedure, Air pollution control, Electric utilities, Nitrogen oxides, Reporting and recordkeeping requirements, Sulfur dioxide.

______________________________

Dated: 7/ 29/ 05 Draft  Do Not Quote or Cite 205 ______________________________

Stephen L. Johnson Administrator


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 26, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2000-7153

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Cielos del Peru, S.A. 						Date Filed:  February 10, 2004

Relief requested:  Renew exemption authority to engage in scheduled and
charter foreign air transportation of property and mail between the
United States and any point or points.

If renewal, date and citation of last action:  March 4, 2002, in this
docket.

Applicant representative:  William C. Evans<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved								Action date:  February 26, 2004

Effective dates of authority granted:  February 26, 2004-February 26,
2006

Basis for approval (bilateral agreement/reciprocity):  The air transport
agreement governing relations between the United States and Peru

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

X Standard exemption conditions (attached) and the conditions set forth
in the Notice of Action dated March 4, 2002, in this docket.

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

		Attachment

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

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

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

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

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

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

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

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

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

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

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

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

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

  See also Notice of Action Taken dated April 16, 2002, in this docket,
removing the wet lease condition from the authority granted Cielos del
Peru on March 4, 2002.


[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Notices]
[Page 1207-1209]
[DOCID:fr12ja09-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

December 31, 2008.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER99-3427-007; ER00-2398-009.
    Applicants: SOWEGA Power LLC; Baconton Power LLC.
    Description: SOWEGA Power LLC et al submits request for
determination of category one status and submission of amendments to
market based sales tariffs.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0157.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER02-669-008; ER03-623-008; ER98-3566-015;
    Applicants: Bayswater Peaking Facility, LLC; Jamaica Bay Peaking
Facility, LLC; FPL Energy Power Marketing, Inc.
    Description: Bayswater Peaking Facility, LLC et al submits tariff
amendments in accordance with Order Nos. 697 and 697A.
    Filed Date: 12/23/2008.
    Accession Number: 20081230-0008.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER02-1600-005.
    Applicants: Green Mountain Energy Company.
    Description: Green Mountain Energy Company submits revisions to its
market-based rate wholesale power sales at that time.
    Filed Date: 12/22/2008.
    Accession Number: 20081230-0009.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER03-329-009; ER07-597-004.
    Applicants: NORTHWESTERN CORP, Montana Generation, LLC.
    Description: Updated Market Power Analysis.
    Filed Date: 12/30/2008.
    Accession Number: 20081230-5114.
    Comment Date: 5 p.m. Eastern Time on Monday, March 2, 2009.

    Docket Numbers: ER04-374-010; ER99-2341-012.
    Applicants: Invenergy TN LLC; Hardee Power Partners Limited.
    Description: Invenergy TN LLC et al submits filing indicating their
status as category one sellers as defined in the Commissions
regulations.
    Filed Date: 12/23/2008.
    Accession Number: 20081230-0046.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER04-944-004.
    Applicants: Orion Power Midwest, L.P., Reliant Energy Mid-Atlantic
Pwr Holdings, Reliant Energy New Jersey Holdings, LLC, Reliant Energy
Seward, LLC, Reliant Energy Wholesale Generation, LLC.
    Description: Reliant Energy Wholesale Generation, LLC submits a
supplement to the June 30, 2008 Triennial Market Update.
    Filed Date: 12/30/2008.
    Accession Number: 20081230-5112.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 21, 2009.

    Docket Numbers: ER04-1181-003; ER04-1182-003; ER04-1184-003; ER04-
1186-003.
    Applicants: KGEN Hinds LLC, KGen Hot Spring LLC, KGEN Murray I and
II LLC, KGEN SANDERSVILLE LLC.
    Description: KGen Hinds LLC et al. submits revised market based
rate tariffs pursuant to Commissions Order 697 and 697-A.
    Filed Date: 12/23/2008.
    Accession Number: 20081230-0044.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER05-143-004; ER99-1801-011; ER04-944-006.
    Applicants: Reliant Energy Florida, LLC; Reliant Energy Services,
Inc., Reliant Energy Wholesale Generation, LLC.
    Description: Reliant SE MBR Entities submits its triennial market
power analysis and revisions to certain of their market-based rate
tariffs.
    Filed Date: 12/23/2008.
    Accession Number: 20081230-0047.
    Comment Date: 5 p.m. Eastern Time on Friday, February 20, 2009.

    Docket Numbers: ER07-521-007.
    Applicants: New York Independent System Operator, Inc
    Description: New York Independent System Operator, Inc submits
compliance filing.
    Filed Date: 12/22/2008.
    Accession Number: 20081224-0100.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER07-650-001.
    Applicants: Integrys Energy Services Inc.
    Description: Integrys Energy Services, Inc submits a request for
category one seller classification for the Southeast region.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0156.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER07-1223-001; ER07-1222-001; ER07-1208-002; ER07-
1202-002; ER07-1246-002.
    Applicants: Cow Branch Wind Power, LLC, CR Clearing, LLC, Wind
Capital Holdings, LLC, Harvest WindFarm, LLC, JD WIND 4, LLC.
    Description: Cow Branch Wind Power, LLC et al. submit request for
classification as a category one seller and compliance filings.
    Filed Date: 12/23/2008.
    Accession Number: 20081230-0040.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER08-237-003.
    Applicants: Forward Energy, LLC.
    Description: Forward Energy LLC submits revisions to its market
based rate tariff.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0159.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER08-1172-003.
    Applicants: Grand Ridge Energy LLC.
    Description: Grand Ridge Energy LLC submits revisions to its market
based rate tariff.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0158.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER08-1237-001; ER08-1288-002; ER07-357-005; ER05-
41-001; ER03-1340-004.
    Applicants: Shiloh Wind Project 2, LLC; Wapsipinicon Wind Project,
LLC; Fenton Power Partners I, LLC; Oasis Power Partners, LLC;
Chanarambie Power Partners LLC.
    Description: The ENXco Companies submits notice of non-material
change in status to comply with Order 697 etc.

    Filed Date: 12/23/2008.
    Accession Number: 20081230-0045.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009

    Docket Numbers: ER08-1567-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits amended
rate sheets to its Clustering Large Generator Interconnection Procedure
that is part of SCR's Wholesale Distribution Access Tariff pursuant to
FERC's 11/20/08 Order.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0154.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-393-001.
    Applicants: West Oaks Energy, LLC.
    Description: West Oaks Energy, LLC submits a revised application
for Market-Based Rate Authority, filed on 12/10/08.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0115.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-394-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits proposed revisions
to its Open Access Transmission Tariff.
    Filed Date: 12/23/2008.
    Accession Number: 20081230-0007.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-442-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits an executed Large
Generator Interconnection Agreement between SPP as Transmission
Provider, et al. as Interconnection Customer.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0117.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-443-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc request for Waiver of Tariff
Provision and Expedited Treatment.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0118.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-444-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits revisions to its
Open Access Transmission tariff in order to adopt changes to its Credit
Policy.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0116.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-451-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co submits revisions to its
Transmission Owner Tariff, FERC Electric Tariff, Original Volume 11
pertaining to their Reliability Services Revenue Requirements and
Reliability Services Rate Schedule, effective 1/1/09.
    Filed Date: 12/23/2008.
    Accession Number: 20081230-0147.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-452-000.
    Applicants: San Diego Gas & Electric Company
    Description: San Diego Gas & Electric Co submits changes in rates
in its Transmission Owner Tariff to reflect annual updates to the
retail Transmission Revenue Balancing Account Adjustment Rates for
service on and after 1/1/09 etc.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0120
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-453-000.
    Applicants: Desert Generation & Trans Co-Oper., Inc.
    Description: Desert Generation & Transmission Co-operative, Inc
submits an amendment to its service agreement for wholesale
requirements service to one of its members, Dixie-Escalante Rural
Electric Association, Inc.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0114.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-454-000.
    Applicants: ISO New England Inc. & New England Power.
    Description: ISO New England Inc et al. submits amendments to the
ISO Financial Assurance Policy for Market Participants that is Exhibit
1A to Section I of the ISO Tariff and to the ISO Billing Policy that is
Exhibit 1D to Section I of the ISO Tariff etc.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0113.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-455-000.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Co submits their First
Revised Rate Schedule 49, a Long Term Power Sale Agreement with San
Diego Gas & Electric Co.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0119.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-457-000.
    Applicants: Midwest Independent System Transmission.
    Description: Midwest Independent System Operator, Inc submit
proposed revisions to its Open Access Transmission, Energy and
Operating Reserve Markets Tariff.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0111.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-458-000.
    Applicants: Calpine Energy Services, L.P.
    Description: Calpine Energy Services, LP submits proposed revisions
to its market-based rate tariff to permit the sale or reassignment of
transmission capacity or transmission rights.
    Filed Date: 12/17/2008.
    Accession Number: 20081229-0110.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 07, 2009.

    Docket Numbers: ER09-459-000.
    Applicants: American Transmission Systems, Incorpora.
    Description: American Transmission System, Incorporated submits
Wholesale Distribution Service Agreement between ATSI as agent for
Pennsylvania Power Company and the Borough of Wampum, PA.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0108.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-460-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits proposed
revisions to APS's FERC Electric Tariff, Volume 3 APS's Market Rate
Tariff.
    Filed Date: 12/22/2008.
    Accession Number: 20081229-0109.
    Comment Date: 5 p.m. Eastern Time on Monday, January 12, 2009.

    Docket Numbers: ER09-461-000.
    Applicants: Global Energy Investments Group, LLC.
    Description: Global Energy Investments Group, LLC submits notice of
cancellation of its FERC Electric Tariff, Original Volume 1.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0107.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-462-000.
    Applicants: California Independent System Operator C.
    Description: California Independent System Operator Corporation
(Southern

Cities) submits an amendment to the Transmission Control Agreement and
Participating Transmission Owners.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0106.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-463-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits an executed Large
Generator Interconnection Agreement with Southwestern Public Service
Co.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0105.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-464-000.
    Applicants: PEAK Capital Management, LLC.
    Description: Peak Capital Management, LLC submits notice of
cancellation of its FERC Electric Tariff, Original Volume 1.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0104.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-465-000.
    Applicants: American Electric Power Service Corporation.
    Description: AEP Operating Companies submits a second revision to
the Interconnection and Local Delivery Service Agreement 1428 between
the Village of Shiloh and AEP.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0103.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-466-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
tariff revisions to its Market Administration and Control Area Services
Tariff and its Open Access Transmission Tariff etc.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0102.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-467-000.
    Applicants: ISO New England Inc.
    Description: ISO New England, Inc submits their Forward Capacity
Auction Results Filing.
    Filed Date: 12/23/2008.
    Accession Number: 20081229-0101.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 13, 2009.

    Docket Numbers: ER09-468-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
et al. submits proposed revisions to their Joint Operating Agreement
and Congestion Management Process as part of the RTOs' 2008 initiative
to update their JOA.
    Filed Date: 12/19/2008.
    Accession Number: 20081229-0100.
    Comment Date: 5 p.m. Eastern Time on Friday, January 09, 2009.

    Docket Numbers: ER09-469-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
et al. submit revisions to their Joint Operating Agreement and
Congestion Management Process as part of the RTOs' 2008 initiative to
update their JOA.
    Filed Date: 12/19/2008.
    Accession Number: 20081229-0099.
    Comment Date: 5 p.m. Eastern Time on Friday, January 9, 2009.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR08-4-003.
    Applicants: North American Electric Reliability Corp.
    Description: Compliance Filing of the North American Electric
Reliability Corporation in Response to Paragraph 76 of the Order on
Rehearing and Clarification and Accepting Compliance Filing.
    Filed Date: 12/19/2008.
    Accession Number: 20081219-5161.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 21, 2009.

    Docket Numbers: RR08-4-004.
    Applicants: North American Electric Reliability Corp.
    Description: Compliance Filing of the North American Electric
Reliability Corporation in Response to Paragraph 47 of the Order on
Violation Severity Levels Proposed by the Electric Reliability
Organization.
    Filed Date: 12/19/2008.
    Accession Number: 20081219-5162.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 21, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.

    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E9-304 Filed 1-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Page 43278]
[FR Doc No: 2017-19509]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
    Rule 30b1-8 and Form N-CR SEC File No. 270-657, OMB Control No.
3235-0705

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (``Paperwork Reduction Act'') (44 U.S.C. 3501-3520), the
Securities and Exchange Commission (the ``Commission'') is soliciting
comments on the collections of information summarized below. The
Commission plans to submit this existing collection of information to
the Office of Management and Budget for extension and approval.
    Rule 30b1-8 under the Act [17 CFR 270.30b1-8], entitled ``Current
Report for Money Market Funds,'' provides that every registered open-
end management investment company, or series thereof, that is regulated
as a money market fund under rule 2a-7 [17 CFR 270.2a-7], that
experiences any of the events specified on Form N-CR [17 CFR 274.222],
must file with the Commission a current report on Form N-CR within the
time period specified in that form. The information collection
requirements for rule 30b1-8 and Form N-CR are designed to assist
Commission staff in its oversight of money market funds and its ability
to respond to market events. It also provides investors with better and
timelier disclosure of potentially important events. Finally, the
Commission is able to use the information provided on Form N-CR in its
regulatory, disclosure review, inspection, and policymaking roles. The
rule imposes a burden per report of approximately 8.5 hours and $840,
so that the total annual burden for the estimated 37 reports filed per
year on Form N-CR is 315 hours and $31,080.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act. The estimate is based on
communications with industry representatives, and is not derived from a
comprehensive or even a representative survey or study.
    The collection of information on Form N-CR is mandatory for any
fund that holds itself out as a money market fund in reliance on rule
2a-7. Responses will not be kept confidential. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden(s)
of the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email
to<EMAIL_ADDRESS>
    Dated: September 11, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19509 Filed 9-13-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60762-60764]
[FR Doc No: 2018-25662]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0707; Product Identifier 2018-NM-067-AD; Amendment
39-19509; AD 2018-24-05]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F28 airplanes. This AD was prompted by
reports that filters, which are integral to certain T-unions in the
landing gear hydraulic control system, disconnected from their housing
and, in some cases, migrated. This AD requires replacing certain T-
unions with an integral filter with T-unions without an integral
filter. We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective January 2, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 2,
2019.

ADDRESSES: For service information identified in this final rule,
contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357,
2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax
+31 (0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0707.

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-2018-
0707; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

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 Fokker Services B.V.
Model F28 airplanes. The NPRM published in the Federal Register on
August 13, 2018 (83 FR 39918). The NPRM was prompted by reports that
filters, which are integral to certain T-unions in the landing gear
hydraulic control system, disconnected from their housing and, in some
cases, migrated. The NPRM proposed to require replacing certain T-
unions with an integral filter with T-unions without an integral
filter.
    We are issuing this AD to address flow reduction along the
hydraulic circuit and the possible inability to completely extend one
or both of the main landing gear legs, which could result in damage to
the airplane during landing, and consequent injury to occupants.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0076, dated April 6, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Fokker Services B.V. Model F28 airplanes. The
MCAI states:

    With [Fokker Service Bulletins] SBF100-32-095 and SBF28-32-154,
Fokker Services introduced the option of installing a T-union with
an integral filter into the landing gear hydraulic control system.
On some F28 Mark 0070 and Mark 0100 aeroplanes, the affected part
was installed on the production line. Since introduction,
occurrences were reported where the T-union filter disconnected from
its housing, and in some cases migrated. In one occurrence, the
migrated filter caused a flow reduction and inability to retract one
of the main landing gear (MLG) legs.
    This condition, if not corrected, could lead to flow reduction
along the hydraulic circuit and inability to completely extend one
of the MLG legs, possibly resulting in damage to the aeroplane
during landing, and consequent injury to occupants.
    To address this potential unsafe condition, Fokker Services
issued the applicable SB [Fokker Service Bulletin SBF28-32-166; and
Fokker Service Bulletin SBF100-32-170] to provide instructions to
replace the affected parts with improved parts. Fokker Services also
cancelled the SBs that introduced the affected parts.
    For the reason described above, this [EASA] AD requires
replacement of the affected parts with T-unions without an integral
filter. This [EASA] AD also prohibits the installation of affected
parts.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0707.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed,
except for minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Service Bulletin SBF28-32-166,
dated February 21, 2018; and Service Bulletin SBF100-32-170, dated
February 21, 2018. This service information describes procedures for
removal of certain T-unions with an integral filter and installation of
T-unions without an integral filter. These documents are distinct since
they apply to different airplane models in different configurations.
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 4 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
10 work-hour x $85 per hour = $850...........................          $1,038           $1,888           $7,552
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

2018-24-05 Fokker Services B.V.: Amendment 39-19509; Docket No. FAA-
2018-0707; Product Identifier 2018-NM-067-AD.

(a) Effective Date

    This AD is effective January 2, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070,
0100, 1000, 2000, 3000, and 4000 airplanes, certificated in any
category, all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that filters, which are integral
to certain T-unions in the landing gear hydraulic control system,
disconnected from their housing and, in some cases, migrated. We are
issuing this AD to address flow reduction along the hydraulic
circuit and the possible inability to completely extend one or both
of the main landing gear legs, which could result in damage to the
airplane during landing, and consequent injury to occupants.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD, the definitions in paragraphs
(g)(1) through (g)(3) inclusive apply.
    (1) An affected part is any hydraulic T-union with an integral
filter, having part number (P/N) QA07596 or P/N QA07597, installed
on the production line or introduced in-service by Fokker Service
Bulletin SBF100-32-095 or Fokker Service Bulletin SBF28-32-154, as
applicable.
    (2) Group 1 airplanes are those that have an affected part
installed.
    (3) Group 2 airplanes are those that do not have an affected
part installed.

(h) Required Actions

    For Group 1 airplanes, within 24 months after the effective date
of this AD, modify the airplane in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF28-32-166,
dated February 21, 2018; or Fokker Service Bulletin SBF100-32-170,
dated February 21, 2018; as applicable. The corresponding part
numbers of affected (old) parts and replacement (new) parts are
specified in figure 1 to paragraph (h) of this AD.

[GRAPHIC] [TIFF OMITTED] TR27NO18.011

(i) Parts Installation Prohibition

    No person may install an affected part on any airplane, as of
the time specified in paragraph (i)(1) or (i)(2) of this AD, as
applicable.
    (1) For Group 1 airplanes: After modification of the airplane as
required by paragraph (h) of this AD.
    (2) For Group 2 airplanes: From the effective date of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Fokker Services B.V.'s EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

 (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0076, dated April 6, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0707.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Fokker Service Bulletin SBF28-32-166, dated February 21,
2018.
    (ii) Fokker Service Bulletin SBF100-32-170, dated February 21,
2018.
    (3) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on November 15, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-25662 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-13-P