[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices]
[Page 4211-4212]
[DOCID:fr24ja08-77]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2007-0032; FRL-8519-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Portland Cement Plants
(Renewal), EPA ICR Number 1051.10, OMB Control Number 2060-0025

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before February 25,
2008.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2007-0032, to (1) EPA online using http://www.regulations.gov (our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Leonard Lazarus, Compliance Assessment
and Media Programs Division (CAMPD), Office of Compliance, (2223A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On March 9, 2007 (72 FR 10735), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2007-0032, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the

Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA

receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
http://www.regulations.gov.

    Title: NSPS for Portland Cement Plants (Renewal).
    ICR Numbers: EPA ICR Number 1051.10, OMB Control Number 2060-0025.
    ICR Status: This ICR is scheduled to expire on January 31, 2008.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while his submission is pending at OMB.
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. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: Particulate matter emissions from portland cement plants
cause or contribute to air pollution that may reasonably be anticipated
to endanger public health or welfare. Therefore, NSPS were promulgated
for this source category.
    The control of emissions of particulate matter from portland cement
plants requires not only the installation of properly designed
equipment, but also the operation and maintenance of that equipment.
Emissions of particulate matter from portland cement plants are the
result of operation of kilns, clinker coolers, raw mill systems, raw
mill dryers, raw material storage, clinker storage, finished product
storage, conveyor transfer points, bagging and bulk loading and
unloading systems. These standards rely on the capture of particulate
emissions by a baghouse or electrostatic precipitator.
    In order to ensure compliance with these standards, adequate
reporting and recordkeeping is necessary. In the absence of such
information, enforcement personnel would be unable to determine whether
the standards are being met on a continuous basis, as required by the
Clean Air Act.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. Notifications are used to
inform the Agency or delegated authority when a source becomes subject
to the standard. The reviewing authority may then inspect the source to
check if the pollution control devices are properly installed and
operated. Performance test reports are needed as these are the Agency's
record of a source's initial capability to comply with the emission
standard and note the operating conditions under which compliance was
achieved. The quarterly reports are used for problem identification, as
a check on source operation and maintenance, and for compliance
determinations. The standard also requires semiannual reporting of
deviations from monitored opacity, as this is a good indicator of the
source's compliance status.
    Responses to this information collection are mandatory (40 CFR part
60, subpart F). Any information submitted to the Agency for which a
claim of confidentiality is made will be safeguarded according to the
Agency policies set forth in title 40, chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR
42251, September 20, 1978; 44 FR 17674, March 23, 1979).
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 56
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Portland Cement Plants.
    Estimated Number of Respondents: 118.
    Frequency of Response: Initially and Semiannually.
    Estimated Total Annual Hour Burden: 13,806 hours.
    Estimated Total Annual Cost: $1,413,511, which includes capital/
startup costs of $37,000, O&M costs of $495,600, and labor costs of
$880,911.
    Changes in the Estimates: There is no change in the labor hours or
cost in this ICR compared to the previous ICR. This is due to two
considerations. First, the regulations have not changed over the past
three years and are not anticipated to change over the next three
years. Secondly, the growth rate for the industry is very low, negative
or non-existent, so there is no significant change in the overall
burden.
    Since there are no changes in the regulatory requirements and there
is no significant industry growth, the labor hours and cost figures in
the previous ICR are used in this ICR and there is no change in burden
to industry.

    Dated: January 17, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
 [FR Doc. E8-1188 Filed 1-23-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17869-17874]
[FR Doc No: 2014-05526]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0228; FRL-9907-73-Region 9]

Approval and Promulgation of State Implementation Plans; Hawaii;
Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and
2006 Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; clarification.

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SUMMARY: The Environmental Protection Agency (EPA) is clarifying its
final action on revisions to the Hawaii State Implementation Plan
(SIP), published in the Federal Register on August 9, 2012.

DATES: This final rule is effective on March 31, 2014.

ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2012-0228. The index to the docket for
this action is available electronically at http://www.regulations.gov
and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco,
California. While all documents in the docket are listed in the index,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed directly below.

FOR FURTHER INFORMATION CONTACT: Dawn Richmond, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3207<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.

I. EPA's Action

    On August 9, 2012 (77 FR 47530), EPA took final action to approve
in part and disapprove in part a SIP revision submitted by Hawaii
Department of Health (HDOH) on December 14, 2011 to address the
infrastructure requirements of CAA section 110(a)(2) for the 1997
national ambient air quality standard (NAAQS) for ozone and the 1997
and 2006 NAAQS for fine particulate matter (PM2.5) (``2011
Hawaii Infrastructure SIP'').
    In this document, we are making certain corrections to the entries
in the table in paragraph (3) of 40 CFR 52.620, clarifying the contents
of the applicable plan as approved on August 9, 2012, and specifying
the extent to which EPA disapproved the December 14, 2011 SIP
submittal. Specifically, we are:
     Correcting the title of the approved plan and the
submittal date (the submittal date was December 14, 2011, not December
14, 2012);
     Clarifying that the plan, as approved on August 9, 2012,
does not include the public process documentation included in the
December 14, 2011 SIP submittal;
     Clarifying the specific statutory provisions approved on
August 9, 2012, and the extent to which the approved existing SIP
statutory provisions were thereby superseded, by listing all approved
statutory provisions (including a few previously approved and not
superseded) separately as nonregulatory provisions in the Hawaii SIP;
and
     Specifying the extent of our disapproval for the Hawaii
Infrastructure SIP for the various elements under CAA section
110(a)(2).
    EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's clarification of EPA's August 9, 2012 final
rule approving in part and disapproving in part the 2011 Hawaii
Infrastructure SIP has no substantive impact on that approval and the
clarification makes no substantive difference to EPA's analysis as set
out in that rule. In addition, EPA can identify no particular reason
why the public would be interested in being notified of this
clarification since the opportunity to comment on the action to approve
in part and disapprove in part the 2011 Hawaii Infrastructure SIP was
previously provided and no comments were received.
    EPA also finds that there is good cause under APA section 553(d)(3)
for this clarification to become effective on the date of publication
of this action. Section 553(d)(3) of the APA allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' (5 U.S.C.
553(d)(3)). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3), is to give affected parties a reasonable time to
adjust their behavior and prepare before the final

rule takes effect. Today's rule, however, does not create any new
regulatory requirements such that affected parties would need time to
prepare before the rule takes effect. Rather, today's rule simply
clarifies the contents of the applicable plan as approved on August 9,
2012, and specifies the extent to which EPA disapproved the December
14, 2011 SIP submittal. For these reasons, EPA finds good cause under
APA section 553(d)(3) for this clarification to become effective on the
date of publication of this action.

II. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely clarifies the contents of the applicable Hawaii SIP as approved
on August 9, 2012, and specifies the extent to which EPA disapproved
the 2011 Hawaii Infrastructure SIP in the August 9, 2012 final rule.
This clarification has no substantive impact on EPA's August 9, 2012,
approval and it imposes no additional requirements beyond those imposed
by state law. Accordingly, the Administrator certifies that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this clarification does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
    This clarification also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action
merely clarifies the contents of a state plan implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This action also is
not subject to Executive Order 13045, ``Protection of Children From
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 30, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: February 28, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--[AMENDED]

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

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

Subpart M--Hawaii

0
2. In Sec.  52.620, the table in paragraph (e) is amended by:
0
a. Removing the entry for ``Section III--Legal Authority'';
0
b. Revising the table section entitled ``State of Hawaii Air Pollution
Control Implementation Plan for Lead'';
0
c. Adding a table section entitled ``Hawaii Revised Statutes, Division
1 (Government), Title 7 (Public officers and employees), Chapter 84
(Standards of Conduct)'' at the end of the table;
0
d. Adding a table section entitled ``Hawaii Revised Statutes, Chapter
342, Hawaii Statute on Environmental Quality''; and
0
e. Adding a table section entitled ``Hawaii Revised Statutes, Division
1 (Government), Title 19 (Health), Chapter 342B (Air Pollution
Control)''.
    The revisions and additions read as follows:

Sec.  52.620  Identification of plan.

* * * * *
    (e) * * *

                                       EPA-Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Name of SIP revision or statutory      Applicable geographic        State
            section number                   area or title       submittal date              EPA approval date                       Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  State of Hawaii Air Pollution Control Implementation Plans for Ozone, PM2.5, and Lead
--------------------------------------------------------------------------------------------------------------------------------------------------------
State of Hawaii Air Pollution Control  Statewide...............        10/29/82  8/18/83, 48 FR 37402.....................  Excluding section II
 Implementation Plan for Lead.                                                                                (``Notice of Public
                                                                                Hearing''); Hawaii Statute
                                                                                on Environmental Quality,
                                                                                Chapter 342, Hawaii Revised
                                                                                Statutes, section 342-7
                                                                                (see 74 FR 11037 (March 16,
                                                                                2009); and section IV
                                                                                (``Control Regulations'').
                                                                                The statutory provisions in
                                                                                Section III (``Legal
                                                                                Authority'') superseded
                                                                                statutory provisions
                                                                                approved at 37 FR 10842
                                                                                (May 31, 1972) and at 38 FR
                                                                                30876 (November 8, 1973)
                                                                                and were, with few
                                                                                exceptions, superseded by
                                                                                approval of more recent
                                                                                statutory provisions at 77
                                                                                FR 47530 (August 9, 2012).
                                                                                Statutory provisions that
                                                                                remain in the current
                                                                                applicable SIP are listed
                                                                                separately in the table in
                                                                                paragraph (e).
State Implementation Plan Revision,    Statewide...............        12/14/11  8/9/12, 77 FR 47530......................  Approval excludes appendix A
 Clean Air Act Section 110(a)(2),                                                                                (``Hawaii Revised Statutes,
 1997 Ozone National Ambient Air                                                                                Chapter 84, Standards of
 Quality Standard and 1997 and 2006                                                                                Conduct, Chapter 342B, Air
 PM2.5 National Ambient Air Quality                                                                                Pollution Control''),
 Standards.                                                                                appendix B, (``Hawaii
                                                                                Administrative Rules, Title
                                                                                11, Chapter 60.1, Air
                                                                                Pollution Control''),
                                                                                appendix D (``SIP Public
                                                                                Comment Proceedings''), and
                                                                                appendix E (``Public
                                                                                Proceedings for Hawaii
                                                                                Administrative Rules,
                                                                                Chapter 11-60.1'').
                                                                                Approved statutory
                                                                                provisions included in
                                                                                appendix A are listed
                                                                                separately in the table in
                                                                                paragraph (e). In separate
                                                                                rulemakings, EPA has taken
                                                                                action to approve certain
                                                                                regulations included in
                                                                                appendix B. Approved
                                                                                regulations are listed
                                                                                separately in the table in
                                                                                paragraph (c).
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Hawaii Revised Statutes, Division 1 (Government), Title 7 (Public officers and employees), Chapter 84 (Standards of Conduct)
--------------------------------------------------------------------------------------------------------------------------------------------------------
84-1.................................  Construction............        12/14/11  8/9/12, 77 FR 47530......................  Laws 1972, Act 163, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
84-2.................................  Applicability...........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1979, Act 91, Sec.
                                                                                3. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
84-3.................................  Definitions.............        12/14/11  8/9/12, 77 FR 47530......................  Law as amended through 1984.
                                                                                Included in appendix A to
                                                                                the Hawaii SIP revision for
                                                                                the 1997 ozone, and 1997
                                                                                and 2006 PM2.5 national
                                                                                ambient air quality
                                                                                standards.
84-11................................  Gifts...................        12/14/11  8/9/12, 77 FR 47530......................  Law as amended through 1984.
                                                                                Included in appendix A to
                                                                                the Hawaii SIP revision for
                                                                                the 1997 ozone, and 1997
                                                                                and 2006 PM2.5 national
                                                                                ambient air quality
                                                                                standards.
84-11.5..............................  Reporting of gifts......        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 322, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
84-12................................  Confidential information        12/14/11  8/9/12, 77 FR 47530......................  Law as amended through 1984.
                                                                                Included in appendix A to
                                                                                the Hawaii SIP revision for
                                                                                the 1997 ozone, and 1997
                                                                                and 2006 PM2.5 national
                                                                                ambient air quality
                                                                                standards.
84-14................................  Conflicts of interests..        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1978, Act 245, Sec.
                                                                                2. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
84-17................................  Requirements of                 12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        disclosure.                                                                          Laws 2007, Act 9, Sec.   4.
                                                                                Included in appendix A to
                                                                                the Hawaii SIP revision for
                                                                                the 1997 ozone, and 1997
                                                                                and 2006 PM2.5 national
                                                                                ambient air quality
                                                                                standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                      Hawaii Revised Statutes, Chapter 342, Hawaii Statute on Environmental Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
342-14...............................  Technical defect........        10/29/82  8/18/83, 48 FR 37402.....................  Laws 1972, Act 100, pt of
                                                                                Sec.   1. Included in
                                                                                Section III (``Legal
                                                                                Authority'') in the State
                                                                                of Hawaii Air Pollution
                                                                                Control Implementation Plan
                                                                                for Lead.
342-18...............................  Other powers of                 10/29/82  8/18/83, 48 FR 37402.....................  Laws 1972, Act 100, pt of
                                        department not affected.                                                             Sec.   1. Included in
                                                                                Section III (``Legal
                                                                                Authority'') in the State
                                                                                of Hawaii Air Pollution
                                                                                Control Implementation Plan
                                                                                for Lead.
342-19...............................  Effect of laws,                 10/29/82  8/18/83, 48 FR 37402.....................  Most recently amended in
                                        ordinances, rules, and                                                               Laws 1977, Act 115, Sec.
                                        regulations.                                                                         6. Included in Section III
                                                                                (``Legal Authority'') in
                                                                                the State of Hawaii Air
                                                                                Pollution Control
                                                                                Implementation Plan for
                                                                                Lead.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
--------------------------------------------------------------------------------------------------------------------------------------------------------
342B-1...............................  Definitions.............        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1993, Act 208, Sec.
                                                                                Sec.   2, 11. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-2...............................  Administration..........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-3...............................  General functions,              12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        duties, and powers of                                                                Laws 2000, Act 253, Sec.
                                        the director.                                                                        150. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-7...............................  Annual reports..........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1993, Act 208, Sec.
                                                                                3. Most recently amended in
                                                                                Laws 1993, c 208, Sec.   3.
                                                                                Included in appendix A to
                                                                                the Hawaii SIP revision for
                                                                                the 1997 ozone, and 1997
                                                                                and 2006 PM2.5 national
                                                                                ambient air quality
                                                                                standards.
342B-11..............................  Prohibition.............        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-12..............................  Specific powers of the          12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        director.                                                                            Laws 1994, Act 268, Sec.
                                                                                1. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-13..............................  Public participation....        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 2000, Act 150, Sec.
                                                                                2. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-15..............................  Complaints; hearings;           12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        appointment of masters.                                                              Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-16..............................  Research, educational,          12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        and training programs.                                                               Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-17..............................  Air quality modelers....        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 2000, Act 253, Sec.
                                                                                150. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-21..............................  Specific functions,             12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        duties, and powers of                                                                Laws 1994, Act 268, Sec.
                                        the director.                                                                        2. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.

342B-22..............................  Permit and permit               12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        renewal; requirements.                                                               Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-23..............................  Application for permit..        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-24..............................  Action on a permit              12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        application.                                                                         Laws 1993, Act 208, Sec.
                                                                                5. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-25..............................  Approval of permit......        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-26..............................  General and temporary           12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        permits; single permit.                                                              Laws 1993, Act 208, Sec.
                                                                                6. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-27..............................  Other permit action.....        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-28..............................  Recordkeeping and               12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        monitoring requirements.                                                             Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-29..............................  Fees....................        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 2009, Act 42, Sec.
                                                                                2. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-30..............................  Judicial review.........        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-31..............................  Government records;             12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        confidential                                                                         Sec.   1. Included in
                                        information.                                                                         appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-32..............................  Clean air special fund..        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-33..............................  Minimum permit                  12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        conditions.                                                                          Laws 1994, Act 268, Sec.
                                                                                3. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-34..............................  Exceptions..............        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-41..............................  Inspection of premises..        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-42..............................  Enforcement.............        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1995, Act 180, Sec.
                                                                                2. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-43..............................  Emergency powers;               12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        procedures.                                                                          Laws 1995, Act 201, Sec.
                                                                                1. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.

342B-44..............................  Injunctive and other            12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        relief.                                                                              Laws 1995, Act 180, Sec.
                                                                                3. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-45..............................  Citation................        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1997, Act 27, Sec.
                                                                                1. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-46..............................  Appeal..................        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-47..............................  Civil penalties.........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1993, Act 208, Sec.
                                                                                8. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-48..............................  Administrative penalties        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1994, Act 268, Sec.
                                                                                4. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-49..............................  Criminal penalties......        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                Laws 1993, Act 208, Sec.
                                                                                9. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
342B-50..............................  Disposition of collected        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        fines and penalties.                                                                 Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-51..............................  Enforcement by state and        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        county authorities.                                                                  Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-52..............................  Nonliability of                 12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        department personnel.                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-53..............................  Other action not barred.        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-54..............................  Priority in courts......        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                Sec.   1. Included in
                                                                                appendix A to the Hawaii
                                                                                SIP revision for the 1997
                                                                                ozone, and 1997 and 2006
                                                                                PM2.5 national ambient air
                                                                                quality standards.
342B-55..............................  Consent orders;                 12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        settlement agreements.                                                               Laws 1993, Act 208, Sec.
                                                                                10. Included in appendix A
                                                                                to the Hawaii SIP revision
                                                                                for the 1997 ozone, and
                                                                                1997 and 2006 PM2.5
                                                                                national ambient air
                                                                                quality standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. Section 52.623 is revised to read as follows:

Sec.  52.623  Approval status.

    (a) With the exceptions set forth in this subpart, the
Administrator approves Hawaii's plan for attainment and maintenance of
the national standards. The State included various provisions in its
plan to provide for the attainment of the State ambient air quality
standards. As described in the Governor's letters of January 28, May 8,
and May 22, 1972, these provisions were included for information
purposes only and were not to be considered a part of the plan to
implement national standards. Accordingly, these additional provisions
are not considered a part of the applicable plan.
    (b) 1997 8-hour ozone NAAQS: The SIP submitted on December 14, 2011
is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C)
and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and
(D)(ii).
    (c) 1997 PM2.5 NAAQS: The SIP submitted on December 14,
2011 is partially disapproved for Clean Air Act (CAA) elements
110(a)(2)(C) and (J), and is disapproved for CAA elements
110(a)(2)(D)(i)(II) and (D)(ii).
    (d) 2006 PM2.5 NAAQS: The SIP submitted on December 14,
2011 is partially disapproved for Clean Air Act (CAA) elements
110(a)(2)(C) and (J), and is disapproved for CAA elements
110(a)(2)(D)(i)(II) and (D)(ii).

[FR Doc. 2014-05526 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67509-67511]
[FR Doc No: 2019-26527]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0104, Notice 1]

Spartan Motors USA, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Spartan Motors USA, Inc. (Spartan), has determined that
certain model year (MY) 2017-2019 Spartan Emergency Response Gladiator
and Metro Star chassis do not fully comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 121, Air Brake Systems. Spartan filed a
noncompliance report dated December 26, 2018, subsequently petitioned
NHTSA on November 12, 2018, and amended on July 31, 2019, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
petition and offers the opportunity for public comment.

DATES: The closing date for comments on the petition is January 9,
2020.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number and notice number cited in the title of this notice and
may be submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the

Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision also
will be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Spartan has determined that certain MY 2017-2019
Spartan Emergency Response Gladiator and Metro Star chassis cabs do not
fully comply with paragraph S<IP_ADDRESS>(a) of FMVSS No. 121, Air Brake
Systems (49 CFR 571.121). Spartan filed a noncompliance report dated
December 26, 2018, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Spartan subsequently
petitioned NHTSA on November 12, 2018 (and amended this petition on
July 31, 2019) seeking exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Spartan's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Chassis Cabs Involved: Approximately 15 MY 2017-2019 Spartan
Emergency Response Gladiator and Metro Star chassis cabs manufactured
between November 16, 2016, and October 30, 2018, are potentially
involved.
    III. Noncompliance: Spartan described the noncompliance as the
service brake application timing exceeds the 0.45 timing requirement as
specified in paragraph S<IP_ADDRESS>(a) of FMVSS No. 121.
    IV. Rule Requirements: Paragraph S5.3.3 of FMVSS No. 121 includes
the requirements relevant to this petition. Each service brake system
shall meet the requirements of paragraph S<IP_ADDRESS>(a). With an initial
service reservoir system air pressure of 100 psi, the air pressure in
each brake chamber shall, when measured from the first movement of the
service brake control, reach 60 psi in not more than 0.45 seconds in
the case of trucks and buses.
    V. Summary of Spartan's Petition: Spartan described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it related to motor vehicle safety.
    In support of its petition, Spartan submitted the following
reasoning:
    1. Section <IP_ADDRESS> of FMVSS No. 121 defines the amount of pressure
(60 psi) that must be achieved in front brake chambers. Further, it
also defines a ``not to exceed'' time (0.45 seconds) in which that
pressure at the brake chamber must be achieved. This is not interpreted
to mean brakes are to be applied at 60 psi but rather a certain
pressure at the brake chamber will be achieved. Brakes will be applied
nearly instantaneously after actuation of the treadle valve.
    2. Spartan conducted three tests on a sample chassis cab of similar
brake system configuration to those subject to the identified
noncompliance. The reported average was used to determine the actual
results in comparison to the requirements. By rounding the average of
the three tests for each sample, Spartan identified it exceeds the
requirements by 0.04-0.05 seconds.
    3. The measurement of time, in this case, is for when air pressure
at the chamber reaches 60 psi. As stated, the brakes are still being
applied irrespective of achieving the 60 psi pressure at the front
brake chambers. The impact of being 0.044 to 0.05 seconds above the
requirement of 0.45 seconds would have very little impact
(approximately 4ft @60 mph) to stopping distance of the vehicle and
would not impede the capability of the vehicle being able to stop.
    4. According to the Driver's License Manual, stopping distance is
impacted by driver perception distance and reaction distance. Other
factors include speed and gross weight of the vehicle. These attributes
would appear to have a more significant impact on overall stopping
distance, than 0.05 seconds of timing, for the air pressure to reach 60
psi at the front brake chambers.
    5. From a speed of 60 mph, vehicles affected by this condition are
required to achieve a complete stop in 310 feet. It would take
approximately 3.52 seconds for vehicles to stop at this rate of speed.
Vehicles affected by the condition that has resulted in the identified
noncompliance as capable of stopping, within the distance of 310 feet,
as prescribed by FMVSS No. 121 and would still be able to stop within
the required stopping distance.
    Spartan concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Spartan no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Spartan
notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-26527 Filed 12-9-19; 8:45 am]
 BILLING CODE 4910-59-P


Rethinking the NFIP:  Strawman Policy Options
National Flood Insurance Program - Optimization of Current Program Policy Options
Description of Policy Theme:
--------------------------------------------------------------------------------
Don't throw the baby out with the bath water...
--------------------------------------------------------------------------------
This strawman policy option seeks to make enhancements to the existing program to address programmatic weaknesses and current challenges while maintaining the current National Flood Insurance Program (NFIP) framework.  The NFIP has succeeded in many ways to reduce flood risk across the United States since its inception in 1968.  After 42 years, there are many concerns about the effectiveness of the NFIP.  Now is the time to understand these concerns, then develop and adopt new aspects of the program to address these concerns to ensure future reductions in flood risk for the Nation.
--------------------------------------------------------------------------------
Legislative, regulatory, and other necessary improvements to the current program have been considered to address stakeholder concerns.  Potential improvements have been organized by the four basic components of the current program:  insurance, floodplain management, flood hazard mapping, and incentives to mitigate flood risk.

Strawman Policy Options:
   * Continue Current Program
   * Abandon the NFIP
   * Optimize the Current Program (while maintaining its fundamental structure)
         o Insurance Improvements
               # Actuarial Soundness.  Eliminate all flood insurance subsidies, or at least for non-residential and non-primary residence, when ownership transfers; charge actuarial rates for repetitive loss properties; remove the annual limitation on premium increases; forgive NFIP debt
               * Address Insurance Affordability.  Establish a social program outside of the NFIP; abolish the mandatory purchase requirement; phase-in rate increases for newly identified or changed flood hazards
               * Improve Insurance Coverage.  Provide higher coverage limits; require mandatory purchase of risk-based flood insurance in leveed areas; provide long-term flood insurance
         o Improving Floodplain Management
               # Strengthen Floodplain Management Standards.  Establish one foot (or more) of freeboard as a minimum standard in 44 C.F.R. § 60.3; strengthen minimum floodplain management requirements; protect critical facilities to the 500-year flood; allow communities to use replacement cost in lieu of market value for determinations of substantial damage; decouple the Letter of Map Revision  -  Based on Fill (LOMR-F) process from the mandatory purchase requirement
               # Address Environmental Concerns.  Do not insure new construction or substantial improvements in critical habitat areas mapped by other Federal Agencies
               # Identify and Regulate Additional Hazard Areas.  Map and regulate coastal AE zones
         o Flood Hazard Identification and Mapping
               # Levees and Infrastructure.  Improve flood risk communication relative to levees; certify levees to specific level of protection; develop new flood zones specific to leveed areas; map residual risk associated with levees, dams, and other flood control structures
               # Science and Engineering.  Map future conditions; establish arbitration panel to resolve map appeals; provide multiple frequency data for improved insurance rating, grants assessment, floodplain management, and implementation of Executive Order 11988; deliver flood depths based on quality terrain data for improved insurance rating and better flood hazard communications
               # Outreach.  Require a community to outreach to citizens at the beginning of the study and mapping process; assist communities with economic impact analyses

         o Incentives to Mitigate Flood Hazard
               # Alignment of Grant Policies.  Unify NFIP-funded flood mitigation grant programs; eliminate statutory funding limits; align statutory language regarding cost-effectiveness for National Flood Insurance Fund (NFIF)-funded programs to direct the Federal Emergency Management Agency (FEMA) to prioritize funding for projects that demonstrate a savings to the fund; align Federal cost-share allowance to reflect FEMA's mitigation priorities; align valuation methodology and housing payment across NFIF-funded programs; direct FEMA to provide annual savings to the fund report for NFIF funded grant programs
               # Grant Eligibility.  Eliminate flood mitigation planning as a standalone activity eligible for funding since support for multi-hazard mitigation planning is available under Robert T. Stafford Disaster Relief and Emergency Assistance Act authorities; provide Severe Repetitive Loss funds to non-residential properties eliminate statutory characterization of technical assistance grants; align eligible activity types across NFIF funded programs; revise mitigation planning approach and connectivity with grant programs
               # Furthering Insurance Credits.  Provide funds to communities for implementing Community Rating System (CRS) creditable activities; institute a sliding non-Federal cost share for disaster assistance and Water Resource Development Act projects, depending upon a CRS rating; expand community rating designations; expand promotion of CRS


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Proposed Rules]
[Pages 12523-12525]
[FR Doc No: 2017-04185]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0107; Airspace Docket No. 16-AEA-11]
RIN 2120-AA66

Proposed Amendment and Removal of VOR Federal Airways; Eastern
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify VHF Omnidirectional Range (VOR)
Federal airways V-14, V-265, V-464, and V-522; and to remove airway V-
90, in the eastern United States. The modifications are required due to
the planned decommissioning of the Dunkirk, NY, VORTAC navigation aid
which provides navigation guidance for portions of the above routes.

DATES: Comments must be received on or before April 20, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2017-0107 and Airspace Docket No. 16-AEA-11 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1 (800)
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information,

you can contact the Airspace Policy Group, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11A at NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the VOR Federal airway route structure in
the eastern United States to maintain the efficient flow of air
traffic.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2017-0107 and Airspace Docket No. 16-AEA-11) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2017-0107 and Airspace Docket No. 16-AEA-11.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016 and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.11A
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify the descriptions of VOR Federal
airways V-14, V-265, V-464, and V-522; and to remove V-90, due to the
planned decommissioning of the Dunkirk, NY, VORTAC. The proposed route
changes are described below.
    V-14: V-14 extends between Chisum, NM and Norwich, CT. The FAA
proposes to remove the segments between Erie, PA, and Buffalo, NY, thus
eliminating Dunkirk, NY from the route. The amended route would extend
between Chisum, NM, and Erie, PA, and between Buffalo, NY, and Norwich,
CT.
    V-90: V-90 extends between Salem, MI, and Dunkirk, NY. The FAA
proposes to remove V-90 in its entirety.
    V-265: V-265 extends between the intersection of the Washington,
DC, 043[deg] and the Westminster, MD, 179[deg] radials and Toronto, ON,
Canada. The FAA proposes to remove the segments between Jamestown, NY,
and Toronto, ON, Canada, thus terminating the northern end of the route
at Jamestown, NY.
    V-464: V-464 extends from Salem, MI, through Aylmer, Ontario,
Canada to Geneseo, NY. The FAA proposes to remove the segment between
Aylmer, Ontario, Canada and Geneseo, NY, thus terminating the route at
Aylmer, Ontario, Canada.
    V-522: V-522 extends between Dryer, OH, and Toronto, Ontario,
Canada. The FAA proposes to eliminate the route segments between Erie,
PA, and Toronto, Ontario, Canada. The amended route would extend
between Dryer, OH, and Erie, PA.
    Domestic VOR Federal airways are published in paragraph 6010(a) of
FAA Order 7400.11A, dated August 3, 2016 and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The VOR
Federal airways listed in this document would be subsequently published
in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory

evaluation as the anticipated impact is so minimal. Since this is a
routine matter that will only affect air traffic procedures and air
navigation, it is certified that this proposed rule, when promulgated,
will not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
 2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.11A, Airspace Designations and Reporting Points, dated August 3,
2016 and effective September 15, 2016, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-14 [Amended]

    From Chisum, NM; Lubbock, TX; Childress, TX; Hobart, OK; Will
Rogers, OK; INT Will Rogers 052[deg] and Tulsa, OK 246[deg] radials;
Tulsa; Neosho, MO; Springfield, MO; Vichy, MO; INT Vichy 067[deg]
and St. Louis, MO, 225[deg] radials; St. Louis; Vandalia, IL; Terre
Haute, IN; Brickyard, IN; Muncie, IN; Flag City, OH; INT Flag City
079[deg] and Dryer, OH, 240[deg] radials; Dryer; Jefferson, OH; to
Erie, PA. From Buffalo, NY; Geneseo, NY; Georgetown, NY; INT
Georgetown 093[deg] and Albany, NY, 270[deg] radials; Albany; INT
Albany 084[deg] and Gardner, MA, 284[deg] radials; Gardner; to
Norwich, CT.

V-90 [Removed]

V-265 [Amended]

    From INT Washington, DC, 043[deg] and Westminster, MD, 179[deg]
radials; via Westminster;
    Harrisburg, PA; Philipsburg, PA; Keating, NY; Bradford, PA; to
Jamestown, NY.

V-464 [Amended]

    From Salem, MI; via INT Salem 082[deg] and Aylmer, ON, Canada,
261[deg] radials; to Aylmer, ON. The airspace within Canada is
excluded.

V-522 [Amended]

    From Dryer, OH; INT Dryer 049[deg] and Erie, PA, 258[deg]
radials; to Erie.
* * * * *

    Issued in Washington, DC, on February 27, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-04185 Filed 3-3-17; 8:45 am]
 BILLING CODE 4910-13-P