APPENDIX C

Allentown-Bethlehem-Easton Area

Redesignation and Maintenance Plan

for the 8-hour Ozone Standard

Technical Support Document

Mobile Source Highway Emissions Inventory

Executive Summary

                                                       Prepared for:

Mobile Sources Section, Bureau of Air Quality

Pennsylvania Department of Environmental Protection

PO Box 8468

Harrisburg, PA 17105-8468

                                                       Prepared by:

Michael Baker, Jr., Inc.

1304 Concourse Drive

Linthicum, MD  21090

410-689-3400

February 2007

 Allentown-Bethlehem-Easton Area: Mobile Source Emissions Inventory

Executive Summary

February 2007

Table of Contents

  TOC \o "1-4"  INTRODUCTION	  PAGEREF _Toc126628300 \h  1

Methodology	  PAGEREF _Toc126628301 \h  1

Inventory Submission Materials	  PAGEREF _Toc126628302 \h  2

DATA SOURCES AND ANALYSIS TOOLS	  PAGEREF _Toc126628303 \h  3

Analysis Tools	  PAGEREF _Toc126628304 \h  3

Traffic Data Source/Fleet Data Inputs	  PAGEREF _Toc126628305 \h  4

Traffic Growth Assumptions	  PAGEREF _Toc126628306 \h  4

I/M and Fuel Parameters	  PAGEREF _Toc126628307 \h  6

Weather Data	  PAGEREF _Toc126628308 \h  6

Other Inputs	  PAGEREF _Toc126628309 \h  7

RESOURCES	  PAGEREF _Toc126628310 \h  9

List of Tables

  TOC \h \z \c "Table"    HYPERLINK \l "_Toc126628311"  Table 1:
Summary of Appendices	  PAGEREF _Toc126628311 \h  2

  HYPERLINK \l "_Toc126628312"  Table 2:   Summary of Inventory Analysis
Tools	  PAGEREF _Toc126628312 \h  3

  HYPERLINK \l "_Toc126628313"  Table 3:   ALLENTOWN-BETHLEHEM-EASTON
Area VMT Growth Assumptions	  PAGEREF _Toc126628313 \h  5

Summary of Appendices

Appendix C-1: 	Mobile Source Highway Emissions Inventory – An
Explanation of Methodology

Appendix C-2:	Allentown-Bethlehem-Easton Area Ozone (VOC, NOx) Emission
Results

(By Year, Functional Class and Vehicle Type)

Appendix C-3: 	MOBILE6.2 Input Parameter Summary

Appendix C-4: 	MOBILE6.2 Sample Input Files

Appendix C-5: 	Traffic Growth Forecasting System

INTRODUCTION

This technical document supports the maintenance plan for
Pennsylvania’s request that the Allentown-Bethlehem-Easton Area,
Pennsylvania be redesignated from nonattainment to attainment of the
8-hour ozone standard.  Section 107 of the Clean Air Act (CAA)
establishes requirements for an area to be considered for redesignation.
 One of those requirements includes the development of an emissions
inventory of ozone precursors (VOC and NOx) for a base year, the year
the region attains the ozone standard, and projection years including a
year at least 10 years following redesignation.  The emissions inventory
is used to demonstrate that projected emission levels are sufficient to
maintain the ozone standard.  U.S. EPA’s Redesignation Guidance
states, “A state may generally demonstrate maintenance of the NAAQS by
either showing that future emissions of a pollutant or its precursors
will not exceed the level of the attainment inventory, or by modeling to
show that the future mix of sources and emission rates will not cause a
violation of the NAAQS.”  This document provides the base year and
future year projections of mobile (highway) vehicle miles of travel
(VMT) and emissions (ozone precursors VOC and NOx) that are needed to
demonstrate maintenance for the region.

Methodology

Guidance documents from EPA were used to develop the base and future
year emissions inventories for Allentown-Bethlehem-Easton Area.  They
include:

Policy Guidance on the Use of MOBILE6 for SIP Development ad
Transportation Conformity, US EPA Office of Air and Radiation, dated
January 18, 2002.

Technical Guidance on the Use of MOBILE6 for Emission Inventory
Preparation, US EPA Office of Air and Radiation, and Office of
Transportation and Air Quality, dated January 2002.

User’s Guide to MOBILE 6.1 and MOBILE6.2, Mobile Source Emission
Factor Model, EPA420-R-02-028, dated October 2002.

Mobile source emission factors were calculated using EPA’s MOBILE6.2
emission model.  The methodologies used to produce the emission results
conform to the recommendations provided in EPA’s Technical Guidance.
A mix of local data and national default (internal to MOBILE6.2) data
has been used for this submission.  Local data has been used for the
primary data items that have a significant impact on emissions.  These
include:

VMT and speeds

Vehicle type mixes

Vehicle age distributions

Hourly distributions

Temperatures/humidity

Inspection/Maintenance parameters

Fuel program characteristics.

For this submission, most local data inputs to the analysis process
reflect the latest planning assumptions based on 2002 data.  Exceptions
include traffic forecast growth rates updated in 2005 and current
assumptions on control strategies (e.g. Inspection-Maintenance programs)
and fuel characteristics.  The analysis methodology is consistent with
past statewide inventory efforts including the 2002 National Emissions
Inventory (NEI) submission.  A detailed methodology is provided in
Appendix C-1.  Detailed information on the Commonwealth’s Traffic
Growth Forecasting System is provided in Appendix C-5.

The following sections address the key input data sources and analysis
tools used for the Allentown-Bethlehem-Easton Area inventory.  The final
section summarizes the inventory emission results for all applicable
ozone pollutants.

Inventory Submission Materials

To complement this document, attachments have been provided with
additional detail regarding the analysis methodology, the MOBILE6.2
input parameters, and the output VMT and emission results for
Allentown-Bethlehem-Easton Area.  These include:

Table   SEQ Table \* ARABIC  1 :   Summary of Appendices

Appendix	Title	Description

C-1	Mobile Source Highway Emissions Inventory –

An Explanation of Methodology	Provides summary of methodology used to
calculate the VMT and emissions.

C-2	Allentown-Bethlehem-Easton Area Ozone (VOC, NOx) Emission Results
(By Year, Functional Class and Vehicle Type)	Provides county by
functional class emission tables and county by vehicle type emission
tables for a summer weekday in 2002, 2004, 2009, 2018

Also includes annual 2002 results for VOC, NOx, CO

C-3	MOBILE6.2 Input Parameter Summary	Provides summary of input
parameters related to traffic data sources, fuel, weather, I/M, and
other MOBILE6.2 related parameters.

C-4	MOBILE6.2 Sample

Input File	Provides examples of the MOBILE6.2 input files.

C-5	Traffic Growth Forecasting System	Provides detailed explanation of
the Commonwealth’s revised methodology for VMT forecasting based on
socioeconomic and demographic projections.

DATA SOURCES AND ANALYSIS TOOLS

This section provides a summary of the key input data and analysis tools
used for producing the Allentown-Bethlehem-Easton Area emissions
inventory.  The key elements to the modeling protocol are described in
the sections below.  A more detailed description of the analysis process
and tools is provided in the methodology report in Appendix C-1 and C-5.

Analysis Tools

The Allentown-Bethlehem-Easton Area inventory analysis utilizes several
key software/programs for producing the county emissions totals.  These
tools are outlined in Table 2.

Table   SEQ Table \* ARABIC  2 :   Summary of Inventory Analysis Tools

Tool	Purpose

MOBILE6.2	Produces emission factors for each pollutant in Grams/Mile for
VOC and NOx

PPSUITE	Processes the highway data, Calculates hourly congested speeds
for each state roadway segment, Prepares MOBILE6.2 input files,
Processes MOBILE6.2 output files

Custom SCC Output Reformatting Program	Prepares output database files by
EPA’s Source Classification Codes (SCC)

The Allentown-Bethlehem-Easton Area inventory reflects the highway
mobile source emission estimations using EPA’s MOBILE6.2 emission
model.  The latest version of MOBILE is a major revision based on new
test data and accounts for changes in vehicle technology and
regulations.  In addition, the model includes an improved understanding
of in-use emission levels and the factors that influence them resulting
in significantly more detailed input data.  As compared to previous
MOBILE versions, MOBILE6.2 has a significant impact on the emission
factors, benefits of available control strategies, effects of new
regulations, and corrections to basic emission rates.

PPSUITE represents an enhanced version of the Post Processor for Air
Quality (PPAQ) software system that has been used for previous inventory
and conformity submissions in Pennsylvania.  The software has undergone
significant revisions to ensure consistency with the MOBILE6.2 emissions
model.  PPSUITE plays a key role in the development of hourly roadway
speed estimates, which are supplied as input to the MOBILE6.2 model.
The software is also used to prepare the MOBILE6.2 input shell and to
process the MOBILE6.2 outputs.

Custom programs have also been prepared to translate the VMT and
emission results into a database file indexed by EPA’s Source
Classification Code (SCC).  This code represents combinations of vehicle
type groupings, functional classes, and time periods.

Traffic Data Source/Fleet Data Inputs

The 2002 PENNDOT Roadway Management System (RMS) data serves as the
primary highway data source for the county and functional class VMT
estimates.  The data source has been updated to provide a “snapshot”
of the regional roadway system and volumes in 2002.  The data includes
the 2002 average annual daily traffic volumes for all state roadways in
Pennsylvania.  To account for additional local roadway VMT and to ensure
consistency with reported HPMS totals, the 2002 VMT totals are adjusted
to match the 2002 HPMS VMT totals reported to FHWA.

Based on the requirements for ozone inventories, traffic volumes on each
RMS roadway segment must be adjusted to a summer weekday.  The daily and
monthly seasonal factors are developed from data contained in the
document, 2002 Pennsylvania Traffic Data, as prepared by PENNDOT’s
Bureau of Planning and Research.  The seasonal and daily factors
provided in this document are based on statistical analyses of 2002
traffic counts taken at permanent and in-pavement ATR (automatic traffic
recorder) locations throughout the state.  Based on these seasonal
traffic volumes, the PPSUITE software calculates unique congested speeds
for each roadway segment during an ozone summer weekday scenario.

PPSUITE calculates congested speeds by hour of the day for each roadway
segment and provides the information as input to the MOBILE6.2 software.
 To disaggregate the daily RMS volumes to hourly volumes, auto and truck
hourly pattern data from PENNDOT’s 2002 Pennsylvania Traffic Data
report are used to determine the temporal variations in traffic volumes.

Vehicle mix patterns are calculated for each county /  functional class
grouping utilizing a combination of 2002 RMS truck percentages and
MOBILE6.2 default vehicle mix distributions.  The development of vehicle
type pattern data input to the MOBILE6.2 software is described in more
detail in Appendix C-1.  The distribution  of vehicles to fuel type
(diesel, gas) is determined from the MOBILE6.2 default diesel sales
fractions.

Vehicle age distributions are input to MOBILE6.2 for each county based
on registered vehicles that reflect July 1 summer conditions.  These
distributions reflect the percentage of vehicles in the fleet up to 25
years old and are listed by the 16 composite MOBILE6 vehicle types.
2002 vehicle age distributions have been used for this inventory from
the PENNDOT Bureau of Motor Vehicles Registration Database.  Due to
insufficient data, only data for light-duty vehicles are used as local
inputs.  The heavy-duty vehicles use the internal MOBILE6.2 defaults.

Traffic Growth Assumptions

Traffic growth forecasting plays a pivotal role in estimating future
year emissions for the region.  This inventory utilizes county-specific
growth rates from a PENNDOT study completed in 2005.  As part of that
study, a statewide traffic growth forecasting system was developed that
incorporates traffic data from PENNDOT’s Traffic Information System
and socioeconomic forecasts.

The study and methodology are documented in the report “Statistical
Evaluation of Projected Traffic Growth, Traffic Growth Forecasting
System: Final Report, March 14, 2005” and contains the following
improvements over past approaches:

Strong statistical basis and consistent with state of the art.

Thorough documentation of approach vs. alternatives.

Increased robustness through the inclusion of both county-level
historical traffic trends from the RMS databases and county-based
demographic projections from an independent 3rd party (Woods and Poole
Economics, Inc.).

Incorporates socio and economic data (households, mean household income)
and a relative measure of transportation capacity (lane miles per
capita).

Expedient and inexpensive update process.

The results of the study have been shared between PENNDOT, PaDEP, and
other Interagency Consultation Group members, including the PA
Conformity Work Group (which includes EPA, FHWA, and representatives
from larger MPOs within the state).

The resulting forecasting system includes the development of VMT
forecasts and growth rates for four functional classifications in each
Pennsylvania county: urban interstate, urban non-interstate, rural
interstate, and rural non-interstate.  The forecasts use statistical
relationships based on historic HPMS VMT trends and future county
socioeconomic projections from Woods and Poole Economics, Inc.   The
model results from county-based model HH are used.  This is a
statistical model incorporating historical  VMT trends, socio and
economic data (households, mean household income), and a relative
measure of transportation capacity (lane miles per capita), which
produce the upper boundary of VMT forecasts.     .  From an air quality
perspective, the use of the upper boundary is conservative, and provides
for factors outside PENNDOT or PaDEP control (e.g., potential
socio-economic growth above current forecasts, fleet age distributions,
vehicle type distribution) that influence motor vehicle emissions.
Table 3 summarizes the assumed projected growth of VMT for future
analysis years.

Table   SEQ Table \* ARABIC  3 :   Allentown-Bethlehem-Easton Area VMT
Growth Assumptions

Analysis

Year	Total Growth

From 2002	Annualized Growth From Previous Analysis Year

Carbon

2002	-----	-----

2004	4.0%	2.0%

2009	15.2%	2.2%

2018	36.7%	2.0%

Lehigh

2002	-----	-----

2004	4.4%	2.2%

2009	16.6%	2.3%

2018	38.9%	2.0%

Northampton

2002	-----	-----

2004	4.0%	2.0%

2009	15.0%	2.1%

2018	35.0%	1.9%

I/M and Fuel Parameters

The Inspection Maintenance (I/M) program inputs to the MOBILE6.2 model
are based on past and current programs within the county.  For the 2002
analysis year, no I/M, ATP, or gas cap checks are assumed; however years
beyond 2003 include Pennsylvania’s statewide program.

The Pennsylvania inspection and maintenance (I/M) program was upgraded
and expanded throughout the state with a phase-in period starting in
December 2003 and fully implemented by June 2004.  The program test
requirements vary by region and include on-board diagnostics (OBD)
technology that uses the vehicle’s computer for model years 1996 and
newer to download potential engine problems that could effect emissions.
 The program, named PAOBDII, is implemented in the Philadelphia,
Pittsburgh, and South Central / Lehigh Valley Regions.  The Northern
Region receives gas cap and visual inspections and the other 42 counties
in the Commonwealth receive a visual inspection.  Vehicles subject to
the program include 1975 and newer model year gasoline cars and light
duty trucks up to 9,000 pounds GVW.  New model years are exempt for the
first year.  The county of registration determines which inspections are
required.

Lehigh and Northampton Counties are a part of the South Central / Lehigh
Valley Region which also includes Cumberland, Dauphin, Lancaster,
Lebanon, Berks and York counties.  The new program expanded to these
counties during December 2003 to February 2004.  There were no prior
emission inspection programs in these counties.  The program parameters
include:

Model Years	Program Parameters

1996 & newer	PAOBDII

Gas Cap

1975-1995 	Gas Cap

ATP

Carbon County is a part of the 42 counties in the Commonwealth in which
vehicles receive a visual inspection.  The program expanded to these
counties in December 2003.  There were no prior emission inspection
programs in these counties.  The program parameters include:

Model Years	Program Parameters

1975 & newer 	ATP

The summer weekday RVP values are consistent with values used for past
inventory efforts.  These assumptions, as well as the I/M program and
fuel parameters, are summarized in Appendix C-3.

Weather Data

Updated weather information has been obtained from the National Climatic
Data Center to calculate the minimum and maximum temperatures and
absolute humidity data inputs to the MOBILE6.2 model.  These assumptions
are consistent with the 2002 NEI inventory submission and are described
below.

For each of the 10 days with highest 8-hour ozone concentrations between
2000 and 2002, minimum and maximum temperatures and barometric pressure
values were obtained for each of the weather station locations in
Pennsylvania.  In addition, relative humidity values are obtained for
3-hour intervals (8 intervals during a 24 day period) for each of the
exceedence days.  Absolute humidity values are then calculated from the
relative humidity and barometric pressure for each of the 8 daily
intervals using EPA’s M6HUMID program. The lowest of these 8 values is
determined to be the absolute humidity for that day.  Per EPA guidance,
the average of the minimum and maximum temperatures for all 10 days and
the lowest of the absolute humidity values are used as the inputs to
MOBILE6.2 for the summer scenario analysis runs.

Other weather data required by MOBILE6.2 are assumed as the program
defaults.  These include the cloud cover, peak sun, and sunrise/sunset
options.

Other Inputs

Federal Programs

Federal vehicle emissions control and fuel programs are incorporated
into the MOBILE6.2 software. The programs include:

The Federal Motor Vehicle Control Program (FMVCP) including the National
Low Emission Vehicle Program (NLEV) and federal Tier II / Low Sulfur
Fuel Program;

Emissions standards for medium and heavy duty vehicles in 2002, 2004 and
2007;

Stage II and Onboard Refueling Vapor Recovery (ORVR).

Note: Pennsylvania considers emissions from refueling operations an area
source category. While MOBILE6.2 is employed to calculate emissions
factors for that source category, refueling emissions are not included
in highway vehicle emissions estimations.

State Programs

The MOBILE6.2 software also allows for modeling of permissible state
activities control emissions from highway vehicles.

In 1998, Pennsylvania promulgated the New Motor Vehicle Emissions
Control Program. This program created the Pennsylvania Clean Vehicles
Program that required new light-duty highway motor vehicles offered for
sale within Pennsylvania to be certified by the California Air Resources
Board (CARB) under that Board’s Low Emitting Vehicle (LEV) program.
The Pennsylvania Clean Vehicles Program does not require the California
Zero Emitting Vehicle (ZEV) requirement.

As a compliance alternative to the Pennsylvania Clean Vehicles Program,
automakers could elect to comply with the National Low Emission Vehicle
(NLEV) program. The NLEV program began phase-in starting in model
year1999 and was the compliance option for automakers. The Pennsylvania
rules allowed the NLEV compliance option for the duration of
Pennsylvania’s participation in the NLEV program. The Commonwealth’s
participation in NLEV was until model year 2006, thus requiring
automakers to comply with the Pennsylvania Clean Vehicles Program (i.e.
California LEV requirements…currently the LEV II program) for model
years 2006 and beyond. Pennsylvania is in the process of amending the
Pennsylvania Clean Vehicles Program to extend the compliance start date
to model year 2008. The modeling results assume a 2008 start year for
the Pennsylvania Clean Vehicles Program. Benefits from this program are
realized in 2008 and beyond.

The methodology employed to estimate the benefits of adopting CA LEV II
emissions standards is consistent with the approach provided in the
EPA’s June 2002 Guidance (Modeling Alternative NLEV Implementation and
Adoption of California Standards in MOBILE6, June 5, 2002). The approach
assumes:

Tier2 phase-in schedule consistent with MOBILE6.2 defaults

LEVII phase-in schedule as provided in EPA’s June 2002 Guidance

Assumes PZEV and AT-PZEV vehicles share the same evaporative emissions
as LEVII/Tier2 vehicles

Appendix C-4 contains the modified MOBILE6.2 files used to model the
above assumptions. They are consistent with the June 2002 EPA guidance.

The federal Tier 2 / Low Sulfur Fuel Program took effect in 2004 and in
practicality supplanted the NLEV program for new light-duty vehicles.

RESOURCES

Draft Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS) and
Regional Haze Regulations, EPA, June, 2003

Consolidated Emissions Reporting, Federal Register, June 10, 2002

2002 Pennsylvania Traffic Data,  PENNDOT Bureau of Planning and
Research, 2002.

User’s Guide to MOBILE6.1 and MOBILE6.2, Mobile Source Emission Factor
Model, EPA420-R-02-028, dated October 2002.

Technical Guidance on the Use of MOBILE6 for Emission Inventory
Preparation, US EPA Office of Transportation and Air Quality, January
2002.

Policy Guidance on the Use of MOBILE6 for Emission Inventory
Preparation, US EPA Office of Air and Radiation, January 18, 2002.

Modeling Alternative NLEV Implementation and Adoption of California
Standards in MOBILE6, EPA, June 5, 2002.

Statistical Evaluation of Projected Traffic Growth, Traffic Growth
Forecasting System: Final Report, Michael Baker Jr., Inc., March 14,
2005.

 PAGE   25

 PAGE   2

 PAGE   9


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 9, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST 2000-6816

________________________________________________________________________
________________________________________________________

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:  AEROVIAS de MEXICO, S.A. de C.V.  (Aeromexico)
                     Date Filed:  March 23, 2005

Relief requested:  Renewal of exemption from 49 USC § 41301 to permit
the applicant to continue to conduct scheduled foreign air
transportation of persons, property, and mail between Mexico City,
Mexico, and Chicago, Illinois.

If renewal, date and citation of last action:  April 2, 2004, in this
Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER>       		DOT
analyst:  Brian J. Hedberg,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                           			Action date:  June 9, 2005

Effective dates of authority granted:  June 9, 2005, through June 9,
2006.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached) and to the otherwise applicable terms, conditions, and
limitations of Aeromexico’s foreign air carrier permit (Order
91-5-25).

Special conditions/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) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (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:

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

FOREIGN CARRIER EXEMPTION CONDITIONS
                             		 ATTACHMENT

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, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  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 International Principal Security Inspector (IPSI) to advise
the IPSI 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.

 05/2004


[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Notices]
[Page 45144-45145]
[DOCID:fr02au10-88]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2010-0045]

Recovery Fact Sheet 9580.203, Debris Monitoring

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on Recovery Fact Sheet 9580.203, Debris Monitoring.

DATES: Comments must be received by September 1, 2010.

ADDRESSES: Comments must be identified by docket ID FEMA-2010-0045 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
fact sheet is not a rulemaking and the Federal Rulemaking Portal is
being utilized only as a mechanism for receiving comments.
    Mail: Regulation & Policy Team, Office of Chief Counsel, Federal
Emergency Management Agency, Room 835, 500 C Street, SW., Washington,
DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Byron Mason, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472, 202-646-
4368.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
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    You may submit your comments and material by the methods specified
in the ADDRESSES section above. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed Fact Sheet is available in docket ID FEMA-
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comments received, go to the Federal eRulemaking Portal at http://
www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C
Street, SW., Washington, DC 20472.

II. Background

    This Fact Sheet provides Public Assistance applicants with
information on how to properly monitor debris removal operations to
ensure compliance with Public Assistance guidelines. Specifically, the
fact sheet provides information on debris monitoring roles and
responsibilities, monitoring requirements by type of contract,
monitoring contracts, reporting requirements and performance measures,
and contract procurement requirements.
    FEMA seeks comment on the proposed fact sheet, which is available

online at http://www.regulations.gov in docket ID FEMA-2010-0045. Based
on the comments received, FEMA may make appropriate revisions to the
proposed fact sheet. Although FEMA will consider any comments received
in the drafting of the final fact sheet, FEMA will not provide a
response to comments document. When or if FEMA issues a final fact
sheet, FEMA will publish a notice of availability in the Federal
Register and make the final fact sheet available at http://
www.regulations.gov.

    Authority: 42 U.S.C. 5121-5207; 44 CFR parts 13 and 206.

David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2010-18943 Filed 7-30-10; 8:45 am]
BILLING CODE 9111-23-P