[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63678-63679]
[FR Doc No: 2022-22187]

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

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0852; Airspace Docket No. 19-AAL-43]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
374; Kotzebue, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes United States Area Navigation (RNAV)
route T-374 in the vicinity of Kotzebue, AK, in support of a large and
comprehensive T-route modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, 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 expands the availability of RNAV route structure in
Alaska and improves the efficient flow of air traffic within the
National Airspace System by lessening the dependency on ground based
navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0852 in the Federal Register (86 FR 62756; November 12, 2021),
establishing RNAV route T-374 in the vicinity of Kotzebue, AK, in
support of a large and comprehensive T-route modernization project for
the state of Alaska. Interested parties were invited to participate in
this rulemaking effort by submitting comments on the proposal. No
comments were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11G, dated August 19, 2022, and effective
September 15, 2022, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by establishing RNAV route T-374
in the vicinity of Kotzebue, AK, in support of a large and
comprehensive T-route modernization project for the state of Alaska.
The route is described below.
    T-374: This action establishes T-374 extending between the
Kotzebue, AK (OTZ), VHF Omnidirectional Range/Distance Measuring
Equipment (VOR/DME) and the Fort Yukon, AK (FYU), VHF Omnidirectional
Range/Tactical Air Navigational (VORTAC) navigational aids. T-374
provides an alternate routing for Colored Federal airways A-5 and B-4,
as well as serving as a southern alternative, providing a lower Global
Navigation Satellite System (GNSS) Minimum Enroute Altitude (MEA), to
the existing T-233.
    The full route description of the new RNAV route is listed in ``The
Amendment'' section, as set forth below.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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 only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of establishing
RNAV route T-374 in the vicinity of Kotzebue, AK, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically

excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

    Authority: 49 U.S.C. 106(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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-374 Kotzebue, AK (OTZ) to Fort Yukon, AK (FYU) [New]
Kotzebue, AK (OTZ)                              VOR/DME                        (Lat. 66[deg]53'08.46'' N, long. 162[deg]32'23.77'' W)
CIBDU, AK                                       WP                             (Lat. 66[deg]52'57.45'' N, long. 161[deg]03'44.52'' W)
ZUBES, AK                                       WP                             (Lat. 66[deg]53'14.38'' N, long. 157[deg]09'29.91'' W)
CUTIB, AK                                       WP                             (Lat. 66[deg]46'36.19'' N, long. 155[deg]51'33.05'' W)
NINGE, AK                                       WP                             (Lat. 66[deg]45'28.85'' N, long. 155[deg]24'12.50'' W)
WUNED, AK                                       WP                             (Lat. 66[deg]50'12.62'' N, long. 154[deg]40'00.78'' W)
CEREX, AK                                       WP                             (Lat. 66[deg]43'14.18'' N, long. 153[deg]00'37.00'' W)
WEPSI, AK                                       WP                             (Lat. 66[deg]51'22.94'' N, long. 151[deg]52'10.42'' W)
Bettles, AK (BTT)                               VOR/DME                        (Lat. 66[deg]54'18.03'' N, long. 151[deg]32'09.18'' W)
Fort Yukon, AK (FYU)                            VORTAC                         (Lat. 66[deg]34'27.31'' N, long. 145[deg]16'35.97'' W)

* * * * *

    Issued in Washington, DC, on October 5, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22187 Filed 10-19-22; 8:45 am]
BILLING CODE 4910-13-P


  U.S. Department of Labor  -  Occupational Safety and Health Administration
    MARITIME ADVISORY COMMITTEE FOR OCCUPATIONAL SAFETY AND HEALTH (MACOSH)
              U.S. Department of Labor, Francis Perkins Building
                          200 Constitution, Ave., NW
                            Washington, D.C. 20210
                               Room N-3437 A - D
                     Type of Meeting:  Full MACOSH Meeting
                       MACOSH Agenda: November 17, 2022
     Amy Wangdahl  -  Designated Federal Official -<EMAIL_ADDRESS>              Donald Raffo  -  MACOSH Chair  -<EMAIL_ADDRESS>          Jennifer Levin  -  Committee Counsel -<EMAIL_ADDRESS>      Carla Marcellus  -  Committee Support  -<EMAIL_ADDRESS>   Danielle Watson  -  Shipyard Workgroup Support -<EMAIL_ADDRESS>Nicholas DeAngelis  -  Longshoring Workgroup Support -<EMAIL_ADDRESS>           MACOSH Agendas are subject to change without prior notice

9:30  -  9:40 AM
Opening Remarks, Roll-call, Introductions
Donald Raffo, MACOSH Chair
9:40  -  9:45 AM
Introduction of Public Participants
Donald Raffo, MACOSH Chair/ Public Participants

Agenda
Donald Raffo, MACOSH Chair

Discussion of June 9, 2022, Meeting Minutes
Donald Raffo, MACOSH Chair
9:45  -  10:00 AM
Office of Maritime and Agriculture Updates
Amy Wangdahl, DFO, Director, Office of Maritime and Agriculture
10:00  -  10:45 AM
CSHO Presentation
Bogdan Catalin, OSHA, Region 5
10:45  -  11:15 AM
OSHA's Directorate of Standards and Guidance Update
Andrew Levinson, Director, Directorate of Standards and Guidance
11:15  -  11:45 AM
Maritime Enforcement Update
Eric Kampert, Director, Office of Maritime Enforcement
11:45 AM  -  1:15 PM
Lunch Break
1:15  -  2:00 PM
CSHO Presentation
Lisa, Trecartin, OSHA, Oakland Area Office
2:00  -  2:15 PM
Longshore Workgroup Report and Discussion
David Turner, Longshore Workgroup Chair
2:15  -  2:30 PM
Shipyard Workgroup Report and Discussion
Amy Liu Sly, Shipyard Workgroup Chair
2:30  -  3:00 PM
Heat Illness and Prevention
Stephen Schayer, Director, Office of Physical Hazards & Pamela Barclay
3:00  -  3:15 PM
Open Discussion, Closing Remarks, Adjourn
Full Committee & Public


[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Proposed Rules]
[Page 9814-9816]
[DOCID:fr04mr10-17]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0175; Directorate Identifier 2009-NM-187-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190-100 STD,-100 LR,-100 IGW,-200 STD,-200 LR, and-
200 IGW Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: During ERJ 190 airplane full scale fatigue test, cracks
were found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals. Failure to inspect these components according to the new
tasks, thresholds and intervals could prevent a timely detection of
fatigue cracks. Undetected fatigue cracks in these areas could
adversely affect the structural integrity of these airplanes.
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0175;
Directorate Identifier 2009-NM-187-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2009-04-02, effective April 29, 2009 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During ERJ 190 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
    Failure to inspect these components according to the new tasks,
thresholds and intervals could prevent a timely detection of fatigue
cracks. Undetected fatigue cracks in these areas could adversely
affect the structural integrity of these airplanes.

* * * * *
The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to incorporate new and
modified structural inspections. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Temporary Revision (TR) 2-5, dated December 6,
2007; and TR 2-6, dated February 12,

2008; to Appendix A, Part 2, Airworthiness Limitation Inspections, of
the Embraer 190 Maintenance Review Board Report MRB-1928. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 65 products of U.S. registry. We also estimate that
it would take about 1 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $5,525, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2010-0175; Directorate Identifier 2009-NM-187-AD.

Comments Due Date

    (a) We must receive comments by April 19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -
200 LR, and -200 IGW airplanes, certificated in any category.

    Note 1:  This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage; 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During ERJ 190 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
    Failure to inspect these components according to the new tasks,
thresholds and intervals could prevent a timely detection of fatigue
cracks. Undetected fatigue cracks in these areas could adversely
affect the structural integrity of these airplanes.
* * * * *
    The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
incorporate new and modified structural inspections.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 90 days after the effective date of this AD: Revise
the ALS of the Instructions for Continued Airworthiness to include
the tasks specified in Table 1 of this AD. These tasks are
identified in Embraer Temporary Revision (TR) 2-5, dated December 6,
2007; and Embraer TR 2-6, dated February 12, 2008; to Appendix A,
Part 2, Airworthiness Limitation Inspections (ALI), of the Embraer
190 Maintenance Review Board Report (MRBR) MRB-1928.

    Note 2:  The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of TR 2-5 and TR 2-6 into the ALS of

Embraer 190 MRBR MRB-1928. When these TRs have been included in
general revisions of the Embraer 190 MRBR MRB-1928, the general
revisions may be inserted in the Embraer 190 MRBR MRB-1928, provided
the relevant information in the general revision is identical to
that in TR 2-5 and TR 2-6, and the TRs may be removed.

    (2) The initial compliance times for the tasks specified in
Embraer TR 2-5, dated December 6, 2007; and Embraer TR 2-6, dated
February 12, 2008; start at the later of the times specified in
paragraphs (f)(2)(i) and (f)(2)(ii) of this AD. For certain tasks,
the compliance times depend on the pre-modification and post-
modification condition of the associated service bulletin, as
specified in the ``Applicability'' column of the TRs.
    (i) Within the applicable threshold times specified in the TRs.
    (ii) At the applicable compliance time specified in Table 1 of
this AD.

                               Table 1--MRBR TRs and Tasks, With Compliance Times
----------------------------------------------------------------------------------------------------------------
                MRBR TR                           Subject             MRBR task No.         Compliance time
----------------------------------------------------------------------------------------------------------------
TR 2-5.................................  Wing stub main box lower      57-01-002-0002  250 flight cycles after
                                          skin and splices--                            effective date of this
                                          internal.                                     AD.
TR 2-5.................................  Wing stub spar 3--            57-01-008-0003  500 flight cycles after
                                          internal/external.                            effective date of this
                                                                                AD.
TR 2-5.................................  Wing stub spar 3--            57-01-008-0004  500 flight cycles after
                                          external.                                     effective date of this
                                                                                AD.
TR 2-5.................................  Wing lower skin panel         57-10-007-0004  500 flight cycles after
                                          stringers--internal.                          effective date of this
                                                                                AD.
TR 2-5.................................  Wing main box rib 11--        57-10-012-0003  500 flight cycles after
                                          internal.                                     effective date of this
                                                                                AD.
TR 2-6.................................  Nose landing gear wheel       53-10-021-0004  500 flight cycles after
                                          well metallic structure.                      effective date of this
                                                                                AD.
----------------------------------------------------------------------------------------------------------------

     (iii) Thereafter, except as provided in paragraph (g) of this
AD, no alternative replacement times or structural inspection
intervals may be approved for these tasks.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows:
    Although the MCAI specifies both revising the airworthiness
limitations and doing repetitive inspections, this AD only specifies
the revision. Requiring revision of the airworthiness limitations,
rather than requiring individual repetitive inspections, is
advantageous for operators because it allows them to record AD
compliance status only at the time that they make the revision,
rather than after every inspection. It also has the advantage of
keeping all airworthiness limitations, whether imposed by original
certification or by AD, in one place within the operator's
maintenance program, thereby reducing the risk of non-compliance
because of oversight or confusion.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2009-04-02,
dated April 29, 2009; TR 2-5, dated December 6, 2007; and TR 2-6,
dated February 12, 2008; for related information.

    Issued in Renton, Washington, on February 24, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-4506 Filed 3-3-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Page 6308]
[FR Doc No: 2023-01895]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4677-DR; Docket ID FEMA-2023-0001]

South Carolina; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Carolina (FEMA-4677-DR), dated November 21,
2022, and related determinations.

DATES: This amendment was issued January 18, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of South Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of November 21, 2022.

    Dillon County for emergency protective measures (Category B),
including direct federal assistance under the Public Assistance
program.
    Florence County for debris removal [Category A] and permanent
work [Categories C-G] (already designated for emergency protective
measures [Category B], including direct federal assistance, under
the Public Assistance program).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-01895 Filed 1-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 219 (Thursday, November 12, 2020)]
[Notices]
[Pages 71982-71984]
[FR Doc No: 2020-24965]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90356; File No. SR-CboeBZX-2020-082]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule To Eliminate the
Listing Fee Waiver for Issuers of Certain ETPs

November 5, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 4, 2020, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend Rule 14.13(b)(2)(C) related to
the listing of exchange traded products (``ETPs'') \3\ on the Exchange.
Specifically, the Exchange is proposing to eliminate Rule
14.13(b)(2)(C)(iii) related to Auction Fee Listings, as defined below,
and to make several other corresponding amendments to Rule
14.13(b)(2)(C).
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    \3\ As defined in Rule 11.8(e)(1)(A), the term ``ETP'' means any
security listed pursuant to Exchange Rule 14.11.
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    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary,

and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend Rule 14.13(b)(2)(C) related to
the listing of exchange traded products (``ETPs'') \4\ on the Exchange.
Specifically, the Exchange is proposing to eliminate Rule
14.13(b)(2)(C)(iii) related to Auction Fee Listings, as defined below,
and to make several other corresponding amendments to Rule
14.13(b)(2)(C).\5\
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    \4\ As defined in Rule 11.8(e)(1)(A), the term ``ETP'' means any
security listed pursuant to Exchange Rule 14.11.
    \5\ The Exchange initially filed the proposed fee change on
November 2, 2020.
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Auction Fee Listings
    Currently, Rule 14.13(b)(2)(C)(iii) provides that any issuer that
has an average daily auction volume combined between the opening and
closing auctions on the Exchange across all of an issuer's ETPs listed
on the Exchange that exceeds 500,000 shares (an ``Auction Fee
Listing''), there is no annual listing fee for that issuer's ETPs
listed on the Exchange. Any ETP that is not an Auction Fee Listing, a
Legacy Listing,\6\ a New Listing,\7\ an Outcome Strategy ETP,\8\ or a
Transfer Listing \9\ is currently charged an annual listing fee based
on the consolidated average daily volume (``CADV'') of the ETP in the
fourth quarter of the preceding calendar year, which ranges from $5,000
to $7,000 annually and decreases as the CADV of an ETP increases, a
model that is generally designed to reflect the additional revenue that
an individual ETP listed on the Exchange creates for the Exchange as
its CADV increases. The Exchange is proposing to eliminate Rule
14.13(b)(2)(C)(iii) and the concept of the Auction Fee Listing from its
rules. As such, the Exchange is proposing that ETPs under Rule
14.13(b)(2)(C)(iii) that were previously not charged an annual listing
fee will be charged an annual listing fee pursuant to the fees table in
current Rule 14.13(b)(2)(C)(v) \10\ beginning on January 4, 2021, the
first trading day of the applicable year.\11\
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    \6\ As defined in Rule 14.13(b)(2)(C)(i), a ``Legacy Listing''
is an ETP listed on the Exchange prior to January 1, 2019.
    \7\ As defined in Rule 14.13(b)(2)(C)(ii), a ``New Listing'' is
an ETP during its first calendar year listed on the Exchange or an
ETP that has been listed for fewer than three calendar months on the
ETP's first trading day of the year.
    \8\ As defined in current Rule 14.13(b)(2)(C)(iv) (Rule
14.13(b)(2)(C)(iii), as amended beginning January 4, 2021), an
``Outcome Strategy ETP'' is an ETP where the issuer lists multiple
ETPs that are each designed to provide (i) a pre-defined set of
returns; (ii) over a specified outcome period; (iii) based on the
performance of the same underlying instrument; and (iv) each employ
the same outcome strategy for achieving the pre-defined set of
returns.
    \9\ As defined in Rule 14.13(b)(2)(C)(ii) [sic], a ``Transfer
Listing'' is an ETP that transfers its listing from another national
securities exchange to the Exchange.
    \10\ Rule 14.13(b)(2)(C)(iv), as amended beginning January 4,
2021.
    \11\ The Exchange notes that if ETPs are Legacy Listings, New
Listings, Outcome Strategy ETPs, and Transfer Listings, then they
will be subject to those applicable annual fees as described in
current Rule 14.13(b)(2)(C)(i), (ii) and (iv).
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    The Exchange is also proposing to make certain corresponding
changes, including deleting a reference to ``Auction Fee Listing''
under current Rule 14.13(b)(2)(C)(v) and changing the numbering
associated with Rules 14.13(b)(2)(C)(iv) and (v) to 14.13(b)(2)(C)(iii)
and (iv), respectively.
Implementation Date
    As noted above, the Exchange intends to implement these amendments
to its fee schedule on January 4, 2021, the first trading day of the
upcoming year for which an ETP will be billed for applicable annual
listing fees pursuant to Rule 14.13(b)(2)(C).\12\ The Exchange will
announce to its Members the implementation of the rule change prior to
its January 4, 2021 implementation date.
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    \12\ The Exchange notes that although this proposal may take
effect upon filing with the Commission pursuant to Section
19(b)(3)(A)(ii) of the Act and paragraph (f)(2) of Rule 19b-4
thereunder, the Exchange may choose for such change to be effective
on a date other than the filing date.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\13\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) and 6(b)(5) of the Act,\14\ in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among issuers and it does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed deletion of Rule
14.13(b)(2)(C)(iii) to eliminate the Auction Fee Listing is a
reasonable, fair and equitable, and not unfairly discriminatory
allocation of fees and other charges because it would apply equally for
all issuers and all ETPs. The pricing for Auction Fee Listings was
originally designed to help the Exchange attract and retain listings
from issuers of ETPs that had a collectively large auction volume. As
the Exchange has continued to grow its ETP listing business, it has
determined that such an incentive program is no longer necessary and
that such ETPs should instead be subject to the standard annual listing
fees on the Exchange, which are generally based on the CADV of the ETP,
pursuant to current Rule 14.13(b)(2)(C)(v).\15\ Such a change will
create a fee structure that will generally apply on a product by
product basis instead of across all of an issuer's ETP listings on the
Exchange, which will allow the Exchange to charge issuers in a manner
more directly related to the incremental costs associated with the
initial and continued listing of ETPs on the Exchange.
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    \15\ See supra notes 10 and 11.
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    The Exchange believes that this is a reasonable, fair and
equitable, and not unfairly discriminatory allocation of fees and other
charges because such standard fees are generally designed to reflect
the additional revenue that an individual ETP listed on the Exchange
creates for the Exchange through executions occurring in the auctions
and additional shares executed on the Exchange. Listing exchanges
generally receive an outsized portion of intraday trading activity and
receive all auction volume for ETPs listed on the exchange. The higher
the CADV for an ETP, the greater the likely income the Exchange will
receive based on outsized intraday

trading activity and auction volume for such ETP. This structure is
designed to reward the issuer of an ETP for such additional revenue
brought to the Exchange as CADV increases, which the Exchange believes
creates a more equitable and appropriate fee structure for issuers
based on the revenue and expenses associated with listing ETPs on the
Exchange. With this in mind, the Exchange believes that that it is
reasonable, fair and equitable, and not unfairly discriminatory
allocation of fees and other charges to charge lower fees for ETPs with
a higher CADV.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. With respect to the proposed
elimination of Auction Fee Listings for ETPs, the Exchange does not
believe that the changes burden competition, but instead, enhance
competition, as it is intended to increase the revenue of the
Exchange's listing program in order to better compete. Further, the
standard fees that will apply on a going forward basis are directly
related to the amount of revenue that the Exchange receives from ETPs
listed on the Exchange. As such, the proposal is a competitive proposal
designed to enhance pricing competition among listing venues and
implement pricing for listings that better reflects the revenue and
expenses associated with listing ETPs on the Exchange.
    The Exchange does not believe the proposed amendments would burden
intramarket competition as they would be available to all issuers
uniformly.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \16\ and paragraph (f) of Rule 19b-4
thereunder.\17\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission will institute
proceedings to determine whether the proposed rule change should be
approved or disapproved.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2020-082 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-CboeBZX-2020-082. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2020-082 and should be submitted
on or before December 3, 2020.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-24965 Filed 11-10-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Proposed Rules]
[Pages 34559-34561]
[FR Doc No: 2020-12060]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2020-0110; FRL-10010-34-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Air Pollution Emission Notice Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions and renumbering
submitted by the State of Colorado on May 8, 2019. Specifically, the
EPA is proposing to approve amendments to Colorado's Stationary Source
Permitting and Air Pollution Emission Notice Requirements in 5 CCR
1001-5, Regulation Number 3. The EPA is taking this action pursuant to
sections 110 of the Clean Air Act (CAA).

DATES: Comments: Written comments must be received on or before July 6,
2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0110, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov. To reduce the risk of COVID-19 transmission,
for this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On May 8, 2019, the State of Colorado submitted a SIP revision
containing amendments to 5 CCR 1001-5, Regulation Number 3 (Stationary
Source Permitting and Air Pollution Emission Notice Requirements).
Specifically, these amendments revised Part A, VI.C. (Annual Emissions
Fees) and VI.D. (Fee Schedule). These revisions are anticipated to
cover revenue shortfalls and ensure continued program viability by
increasing stationary source fees. The State of Colorado adopted these
revisions on October 18, 2018, and they became State effective on
November 30, 2018. We are proposing approval of all revisions submitted
on May 8, 2019.

II. Analysis of State Submittal

    We evaluated the State's May 8, 2019, submittal regarding revisions
Regulation Number 3, Part A, Section VI.

1. VI.C.2

    A reference to Section VI.D.1 is being revised to VI.D.3 to
coincide with revisions to VI.D.

2. VI.D.1

    For air pollution emission notice filing fees, the phrase ``. . .
shall be charged in accordance with and in the amounts and limits
specified in the provisions of Colorado Revised Statutes Section 25-7-
114.1'' is being deleted and new phrase ``shall be $191.13'' is being
added.
    We note that Colorado Revised Statutes Section 25-7-114.1 states:
    ``The maximum fee for filing an air pollution emission notice or
amendment thereto under this section is one hundred ninety-one dollars
and thirteen cents; except that, on each January 1 from 2019 to 2028,
the maximum fee is automatically adjusted based on the annual
percentage change in the United States department of labor, bureau of
labor statistics, consumer price index for Denver-Aurora-Lakewood for
all items and all urban consumers, or its successor index. The
commissioner shall set the actual fee by rule. Beginning on July 1,
2018, the commission, by rule, may periodically adjust the fee up to
the maximum fee.''
    The revision to VI.D.1 would make the maximum fee ($191.13) the
only filing fee for air pollution emission notices.

3. VI.D.2

    The new sentence ``Permit processing fees shall be $95.56 per
hour'' is added.

4. VI.D.3

    The phrase ``Annual emission fees and permit processing fees shall
be charged in accordance with and in the amounts and limits specified
in the provisions of Colorado Revised Statutes Section 25-7-114.7.'' is
being deleted.
    In addition, the phrase ``Annual emission fees for regulated
pollutants shall be $22.90 per ton'' is being revised to state:
``Annual emission fees for regulated pollutants shall be $28.63 per
ton''; and the phrase ``Annual emission fees for hazardous air
pollutants shall be $152.90 per ton'' is being revised to state:
``Annual emission fees for hazardous air pollutants shall be $191.13
per ton.''
    The new annual emission fees for regulated pollutants and hazardous
air pollutants are the same as the maximum emission fees as stated in
Colorado Revised Statutes Section 25-7-114.7.

III. The EPA's Proposed Action

    CAA Section 110(a)(2)(E) requires that a state implementation plan
provide assurances that the state will have, among other items,
adequate funding to carry out the implementation plan. Increasing the
air pollution notice filing fee, permit processing fee and annual
emission fees reflect both inflation and the increased complexity of
permit to construct applications, thereby ensuring the State has
adequate funding to carry out the implementation plan.
    In this action, the EPA is proposing to approve SIP amendments to
Colorado's Regulation Number 3, shown in Table 1, submitted by the
State of Colorado on May 8, 2019.

    Table 1--List of Colorado Amendments That the EPA Is Proposing To
                                 Approve
------------------------------------------------------------------------
   Amended sections in the May 8, 2019 submittal proposed for approval
-------------------------------------------------------------------------
Regulation Number 3, Part A, Section VI.C: VI.C.2; Section VI.D: VI.D.1,
 VI.D.2, VI.D.3.
------------------------------------------------------------------------

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
(RFP) toward attainment of the NAAQS, or any other applicable
requirement of the Act. In addition, section 110(l) requires that each
revision to an implementation plan submitted by a state shall be
adopted by the state after reasonable notice and public hearing.
    The Colorado SIP revisions that the EPA proposes to approve do not
interfere with any applicable requirements of the Act. Therefore, CAA
section 110(l) requirements are satisfied.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the amendments described in sections II and III. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 8 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Sulfur oxides.

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

    Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020-12060 Filed 6-4-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41074-41076]
[FR Doc No: 2022-14715]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0204; FRL-9440-02-R3]

Air Plan Approval; Delaware; Sulfur Content of Fuel Oil

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
The revision pertains to the reduction of the maximum allowable sulfur
content limit for distillate fuels, from a current limit of 3000 parts
per million (ppm) (0.3% by weight) to 15 ppm (0.0015% by weight) and
residential fuels from a current limit of 1.0% by weight to 0.5% by
weight. This revision also adds requirements for sampling and testing
along with certification and recordkeeping. Additionally, start up,
shut down and malfunction provisions that were previously included in
the Delaware SIP have been removed in this revision. EPA has determined
that such removal corrects a deficiency identified in the June 12,
2015, SIP call issued to Delaware. EPA is approving the revision to the
Delaware SIP in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This final rule is effective August 10, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0204. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Mallory Moser, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2030. Ms. Moser can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 28, 2022 (87 FR 4528), EPA published a notice of
proposed rulemaking (NPRM) for the State of Delaware which proposed to
approve a revision to Title 7 of Delaware's Administrative Code (7 DE
Admin. Code) 1108--Sulfur Dioxide Emissions from Fuel Burning Equipment
into the Delaware SIP. The revision will reduce the amount of sulfur in
fuel oils used in fuel burning units.\1\ The revised regulation also
establishes the date of compliance and adds necessary record keeping
and recording provisions to ensure compliance with the regulation.
Additionally, the revision removes start up, shut down and malfunction
provisions that were previously included in the Delaware SIP. The
formal SIP revision was submitted by Delaware on July 10, 2013, and
amended on August 19, 2016, by a supplemental letter from Delaware
Department of Natural Resources and Environmental Control (DNREC)
withdrawing a portion of Section 3.0 of 7 DE Admin. Code 1108. The
letter is

available in the docket for this rulemaking and online at
www.regulations.gov.
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    \1\ A ``fuel burning unit'' is defined as ``each unit, or any
combination of units discharging to a common stack used for the
burning of fuel or other combustible material for the primary
purpose of utilizing the thermal energy released.'' This definition
is included in the Delaware SIP at 40 CFR 52.420(c).
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II. Summary of SIP Revision and EPA Analysis

    The SIP revision incorporates amendments to 7 DE Admin. Code 1108--
Sulfur Dioxide Emissions from Fuel Burning Equipment which sets the
allowable content of sulfur in fuel oils combusted in Delaware. The
amendments reduce the SIP approved maximum allowable sulfur content
limit for distillate fuels to 15 ppm, and for residential fuel to 0.5%
by weight. For any other fuel, the sulfur content would remain 1.0% by
weight.
    In addition, the amendments to 7 DE Admin. Code 1108 respond to a
SIP call issued by EPA for this provision as part of a national action
to address startup, shutdown and malfunction (SSM) SIP provisions which
are contrary to the CAA and existing EPA guidance.\2\ The SIP
submission from Delaware, that is the subject of this action, contains
a revised version of 7 DE Admin. Code 1108 to delete the language
identified in the 2015 SSM SIP call, formerly at Section 1.2, which
allowed for impermissible exemptions from the low sulfur fuel oil
provisions.
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    \2\ After issuing a statement in 2020 to change aspects of the
policy articulated in the 2015 SSM SIP Action, EPA in 2021
reinstated and reaffirmed the 2015 policy (see September 30, 2021,
memorandum ``Withdrawal of the October 9, 2020, Memorandum
Addressing Startup, Shutdown, and Malfunctions in State
Implementation Plans and Implementation of the Prior Policy,'' from
Janet McCabe, Deputy Administrator). Neither the 2020 nor 2021
guidance memoranda affected the SSM SIP call for Delaware, and, as
stated in the McCabe memorandum, EPA intends to implement the 2015
SSM SIP Action, including taking this action on the SIP submittal in
partial response to the 2015 SIP call.
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    This SIP revision to implement low sulfur fuel oil provisions is
expected to reduce regional haze and visibility impairment in Delaware.
Additionally, decreased emissions of sulfur dioxide (SO2)
will contribute to the attainment, maintenance, or both, of the
SO2 and fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS) in Delaware and the surrounding
areas. Other specific requirements of the SIP revision and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. Relevant support documents for this action are
available online at https://www.regulations.gov, Docket number EPA-R03-
OAR-2014-0204.

III. EPA's Response to Comments Received

    EPA received four comments in total, two of which were supportive
and can be found in the docket. The remaining two comments EPA received
were generally supportive but raised issues beyond the scope of this
rulemaking. One comment supported this action generally but suggested
additional sulfur reductions should be encouraged by phasing out fossil
fuels and investing ``in infrastructure that supports the use of
electric cars.'' Another comment approved of this action to the extent
that it approved Delaware's revision to correct one of the SSM
exemptions identified in the SSM SIP Call, but admonished EPA for not
yet taking action to address the other six SSM provisions in Delaware's
SIP that were identified in the SSM SIP Call. EPA acknowledges both
comments and the feedback provided. However, the concerns expressed by
both commenters are beyond the scope of this rulemaking action, and no
response by EPA to those comments is required.

IV. Final Action

    EPA is approving, as a SIP revision, the State of Delaware's July
10, 2013, submittal reducing the amount of sulfur in fuel oils and
removing SSM provisions from this portion of the Delaware SIP. EPA has
determined that such approval corrects a deficiency identified in the
June 12, 2015, SIP call issued to Delaware. EPA is approving the
revision to the Delaware SIP in accordance with the requirements of the
CAA.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Delaware's
Sulfur Dioxide Emissions from Fuel Burning Equipment requirements as
described in 7 DE Admin. Code 1108, not including the last sentence of
section 3.0, which Delaware withdrew from this SIP revision. EPA has
made, and will continue to make, these materials generally available
through https://www.regulations.gov and at the EPA Region III Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by

Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 9, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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 regarding fuel oil sulfur limits for combustion and
sale in the State of Delaware 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, Particulate matter, Regional haze, Sulfur oxides.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart I--Delaware

0
2. In Sec.  52.420:
0
a. In the table in paragraph (c) under the heading ``1108 Sulfur
Dioxide Emissions from Fuel Burning Equipment'':
0
i. Revise the entries ``Section 1.0'', ``Section 2.0'', and ``Section
3.0''; and
0
ii. Add the entries ``Section 4.0'' and ``Section 5.0'' in numerical
order.
    The revisions and additions read as follows:

Sec.  52.420   Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
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                                                               State                                Additional
State regulation  (7 DNREC 1100)       Title/subject      effective date     EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            1108 Sulfur Dioxide Emissions From Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Section 1.0.....................  General Provisions....      07/11/2013  7/11/2022, [insert      ..............
                                                                           Federal Register
                                                                           citation].
Section 2.0.....................  Limit on Sulfur             07/11/2013  7/11/2022, [insert      ..............
                                   Content of Fuel.                        Federal Register
                                                                           citation].
Section 3.0.....................  Emissions Control in        07/11/2013  7/11/2022, [insert      ..............
                                   Lieu of Sulfur                          Federal Register
                                   Content Limits of 2.0                   citation].
                                   of this Regulation.
Section 4.0.....................  Sampling and Testing        07/11/2013  7/11/2022, [insert      ..............
                                   Methods and                             Federal Register
                                   Requirements.                           citation].
Section 5.0.....................  Recordkeeping and           07/11/2013  7/11/2022, [insert      ..............
                                   Reporting.                              Federal Register
                                                                           citation].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2022-14715 Filed 7-8-22; 8:45 am]
BILLING CODE 6560-50-P


INFORMATION COLLECTION REQUEST ( ICR) United States Environmental Protection Agency ( EPA) Part A of the Supporting Statement ( July 2001)

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title: Tax exempt ( Dyed) Highway Diesel Fuel: Requirements for Transferors and Transferees ( 40 CFR 80.29( c)) EPA ICR No. 1718.03, OMB Control Number 2060 0308 1( b) Abstract In section 211( g) and 211( i) of the Clean Air Act ( Act), Congress mandated that diesel fuel used in motor vehicles (" highway diesel fuel") must meet certain quality standards, including a limitation on sulfur content. The Act required EPA to promulgate and enforce a rule to implement the statutory requirements. The Act specifically provides that EPA may require that high sulfur diesel fuel (" off road diesel fuel") be dyed to aid in keeping the fuels segregated. The dye allows parties in the fuel distribution chain and the EPA to readily detect whether fuel is high sulfur diesel or low sulfur diesel. Because of an Internal Revenue Service ( IRS) requirement that certain tax exempt low sulfur diesel fuel also be dyed ( see further explanation in 2( a) below), EPA, in its rule, required parties who transfer dyed low sulfur highway diesel fuel to include a notice on the customary business transfer document that states the product is tax exempt fuel that meets EPA highway diesel fuel standards. This allows EPA and parties in the distribution chain to make use of the EPA dye requirement despite the IRS requirement that would otherwise make the presence of dye ambiguous in meaning for EPA purposes. Approximately 2,000 facilities, generally diesel fuel terminals, dye tax exempt low sulfur diesel fuel and have it distributed via approximately 8,000 truck carriers to approximately 10,000 wholesale purchaser consumer end users. It is estimated that each facility dyes about 200 batches of highway diesel fuel annually.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection Section 211( i) of the Act, 42 U. S. C. § 7545( i), provides that the Administrator may require the use of dye in high sulfur diesel fuel to aid in segregating it from low sulfur, highway diesel fuel. The EPA rule at 40 C. F. R. § 80.29 requires that high sulfur diesel be dyed. This greatly aids EPA in enforcing the Act's requirement to segregate highway low sulfur diesel fuel from high sulfur diesel fuel. It also aids parties in the distribution chain to determine if the fuel has been contaminated with high sulfur diesel fuel.

The Internal Revenue Service also requires high sulfur diesel fuel to be dyed, but additionally requires, for tax reasons, that low sulfur tax exempt highway diesel fuel also be dyed ( such fuel is sold to governmental entities and various other parties). This IRS requirement would have largely nullified the effectiveness of the Congressionally authorized EPA dye requirement. Since both high sulfur diesel and some low sulfur diesel fuels are dyed, it would be impossible to determine from the presence of the dye whether the fuel were inappropriate for motor vehicle ( highway) use. Therefore, EPA required in the rule ( see 40 CFR 80.29( c)( 1)) that a party transferring dyed low sulfur diesel fuel must state on the customary business practice ( CBP) product transfer document ( PTD) that the fuel is tax exempt and meets the regulatory requirements for highway use. PTDs must be retained for five years ( see 40 CFR 80.29( c)( 2)). EPA determined that these were the least burdensome reporting and recordkeeping requirements that would 2 allow the dye requirement to remain useful to EPA and regulated industry. The volume of diesel fuel affected by these requirements is a very small percentage of all diesel fuel produced. The requirements were promulgated under authority of section 211 of the Act, 42 U. S. C. § 7545, section 114 of the Act, 42 U. S. C. § 7414 and section 208 of the Act, 42 U. S. C. § 7542.

2( b) Practical Utility/ Users of the Data The collection of information is necessary for the proper performance of the functions of the Agency, including that the information to be collected will have practical utility. The simple addition of the automatically printed notice on tax exempt highway diesel product transfer documents ( which EPA allows to be stated in coded form to save space), allows both EPA to determine if dyed product is intended for highway use or is high sulfur diesel for off road use only. It also helps industry to make this determination. The EPA's Office of Enforcement and Compliance Assurance, Air Enforcement Division is the governmental user of the information contained in the required records.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication The information required by the rule is not available from any other source. Only the fuel terminal that adds the dye to the diesel fuel is in a position to provide the information that the diesel fuel is low sulfur, despite the presence of the dye that would otherwise indicate that it is high sulfur fuel. The information is available to EPA and downstream end users of the fuel only if it is included on the PTD. The IRS requires no documentation of this information.

3( b) Public Notice Required Prior to ICR Submission to OMB In compliance with the Paperwork Reduction Act, a public comment period of 60 days was announced in the Federal Register at 66 FR 15422 ( March 19, 2001). No comments were received.

3( c) Consultations In general, interested parties have stated that the paperwork requirement addressed by this ICR requires almost no measurable time annually and no other costs. The information is preprinted or automatically printed on product transfer documents in coded form.

3( d) Effects of Less Frequent Collection A less frequent collection is not practical. Information is automatically printed on customary business practice product transfer documents for each sales transaction. The requirement is important to EPA and industry being able to track whether the fuel is dyed fuel that is illegal for highway use or is dyed tax exempt fuel that meets Clean Air Act requirements for motor vehicles.

3( e) General Guidelines 3 The requirement requires record retention for 5 years. The Agency believes this is important to the success of the program. With the large economic incentive to not comply that exists because of the substantial difference in price that can exist between low sulfur diesel and high sulfur diesel, it is imperative that EPA maintain deterrence by assuring that all parties know that EPA will be able to distinguish the difference between high sulfur and low sulfur deliveries via a review of CBP records. The requirement to retain for 5 years is consistent with other record retention periods in the fuels regulations, with the applicable 5 year statute of limitations, and CBP. Most entities already keep these records for 5 or more years for tax and other business purposes.

3( f) Confidentiality This is not applicable since no information is submitted to EPA.

3( g) Sensitive Questions There are no sensitive questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ SIC Codes The requirements apply to the following highway diesel fuel marketing related industries ( only those that market tax exempt highway diesel fuel): terminals ( 5171), other distributors ( 4212), and retailers/ wholesale purchaser consumers ( 5541).

4( b) Information Requested ( i) Data Items, Including Recordkeeping Requirements The information collection is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond. This reporting requirement is pre printed or automatically computer generated on a customary business practice document. The requirement is found at 40 C. F. R. § 80.29( c) and it provides that any person who transfers custody or title to highway diesel fuel that is dyed shall provide documentation to the transferee that the fuel meets highway diesel fuel requirements and is dyed pursuant to IRS requirements. Diesel fuel terminals are normally the parties who add the dye to low sulfur tax exempt diesel and therefore are the parties who initiate the documentation to the end user. EPA allows parties to use brief code language to meet this requirement. The transferor and transferee must keep the document for five years. The Agency allows the use of electronic recordkeeping.

( ii) Respondent Activities Note: The full language regarding the 9 regulatory components of burden are provided in full only for burden A., below. After that, the burden components are set forth in abbreviated language.

"*" indicates an item is a customary and usual business practice ( CBP). Explanation of the CBP status of the item will follow the checklist of items that the designated item belongs to. 4 "+" indicates the requirement is a first year only burden that has been fully accomplished.

A. Terminals CBP Terminal product transfer document for dyed low sulfur diesel fuel includes the required information and document is retained for five years ( 40 C. F. R. § 80.29) :

+( i) Reviewing instructions; +*( ii) Developing, acquiring, installing and utilizing technology and systems for the purpose of collecting, validating and verifying information; +*( iii) Developing, acquiring, installing and utilizing technology and systems for the purpose of processing and maintaining information; +*( iv) Developing, acquiring, installing and utilizing technology and systems for the purpose of disclosing and providing information; N/ A( v) Adjusting the existing ways to comply with any previously applicable instructions and requirements; *+( vi) Training personnel to be able to respond to a collection of information; N/ A( vii) Searching data sources; ( viii) Completing and reviewing the collection of information; and *( ix) Transmitting or otherwise disclosing the information.

* The document is almost entirely CBP. The required information on these existing documents is added by computer or otherwise preprinted. It automatically appears on all documents for sale of dyed low sulfur diesel. Start up costs accounted for by previous ICR. The actual burden to dye the low sulfur non taxed fuel is an IRS burden, not an EPA burden. These changes have been in place for over 7 years. The only non CBP informatiion is the designation of the fuel as dyed low sulfur highway diesel, whose start up burden was incurred at the start of the program 7 years ago.

B. Truck Distributors of Dyed Low Sulfur Diesel Fuel Receive CBP product transfer document with the required information, maintain it for 5 years, and pass on the end user's copy to end user ( 40 C. F. R. § 80.29):

+( i) Review instructions, +*( ii) DAIU T& S to collect, validate, verify information +*( iii ) DAIU T& S to process, maintain information, +*( iv ) DAIU T& S to disclose & provide information, N/ A( v) Adjust existing ways to comply, + ( vi) Train personnel to respond, N/ A( vii ) Search data sources, ( viii) Complete & review collection of information, *( ix) Transmit or otherwise disclose information.

* This is CBP. The document itself is CBP. Truckers take document and keep a copy, and pass a copy on, as truckers already do in the normal course of business. Truckers normally retain copies for at least 5 years as a customary business practice. 5 C. Wholesale Purchaser Consumers of Non Taxed Low Sulfur Diesel Fuel: Requirement to maintain transfer documents ( 40 C. F. R. § 80.29):

+( i) Review instructions, *( ii) DAIU T& S to collect, validate, verify information, *( iii) DAIU T& S to process, maintain information, *( iv) DAIU T& S to disclose & provide information, *( v) Transmit or otherwise disclose information.

* CBP. These parties already maintained these CBP records for various lengths of time usually greater than 5 years and are generally required to do so by state laws for at least 5 years.

5. THE INFORMATION COLLECTED AGENCY ACTIVITIES, COLLECTION METHODOLOGY AND INFORMATION MANAGEMENT 5( a) Agency Activities The information collection has been developed by offices within EPA ( Office of air and Radiation ( OAR) and Office of Enforcement and Compliance Assurance ( OECA)) that have planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to Agencies and the public.

EPA engages in the following activities in regard to the information collection.

 Develop regulations, as required by the CAA ( this has already been done).

 Answer respondent questions ( this has been done for years; the Agency has published, including electronically, extensive Q & A documents, for example ).

 Review records during inspections and investigations ( we would review the CBP records even if the required information were not required).

5( b) Collection Methodology and Management The information collection has been developed by offices within EPA ( OAR and OECA) that have planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to Agencies and the public. The information collection, to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, Agency efficiency and responsiveness to the public.

The product transfer document information can be included on transfer documentation customarily used. EPA allows required information to be encoded to save space. Electronic recordkeeping is permitted. There is no reporting of information to EPA. 6 5( c) Small Entity Flexibility The proposed information collection reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the Agency, including with respect to small entities, as defined by the Regulatory Flexibility Act ( 5 U. S. C. § 601( 6)), the use of such techniques as: ( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; ( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or ( 3) an exemption from coverage of the collection of information, or any part thereof.

The rule's requirements regarding transfers of dyed low sulfur diesel fuel has a quantifiable burden only for the terminal that initiates the transfer. Terminals are generally businesses of significant size and are often owned by large corporations. Terminal operators have informed EPA that the requirement creates almost no burden for them because the information is automatically printed by computer. The truckers and end users of the fuel, which include smaller businesses and local governmental agencies, generally have no non CBP burden. Therefore, no specific flexibility is needed.

5( d) Collection Schedule The information is automatically printed on customary business practice documents that accompany each transaction.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) and ( b) Estimating Respondent Burden and Costs Estimating the burden is straightforward. Capital/ start up costs were incurred by industry in 1993. Since this involved programming a computer to print the code or regulatory language on the PTD, there are no annualized capital costs. Because the PTDs are documents produced and retained in the normal course of business, there are no operating and maintenance ( O& M) costs. Thus, there is only a small respondent burden for those parties which dye the diesel fuel ( usually terminals). The burden is for placement of the notice or code on the PTDs. There are about 2000 facilities that each dye about 200 shipments of tax exempt highway diesel fuel annually. Thus, the programmed code is automatically entered on about 400,000 PTDs annually. Assuming an average burden of 2 seconds per PTD gives a total annual burden of 222 hours. A reasonable industry labor cost is $ 60 per hour, for a total labor cost of $ 13,320. There are about 8,000 carriers of dyed highway diesel fuel and about 10,000 end users, typically school and other municipal fleets which are entitled to tax exempt fuel. 6( c) ESTIMATING EPA BURDEN AND COST 1. Start up costs have been accomplished.

2. Assume Agency labor cost based on GS 12 level ( the Agency median grade for Environmental Protection Specialists and Program Analysts). Hourly cost to EPA is calculated by multiplying the annual pay rate times 1.16 ( benefits factor) and divide by 2080 ( the number of work hours per year. This ICR estimates a 2001 2004 GS 12 salary at $ 60,000. This comes to an hourly cost of approximately $ 34.00. 7 3. An effective enforcement program might include 1,000 5,000 facility inspections nationwide, with travel costs of $ 3,500/ week for 10 weeks and 800 EPA burden hours for inspections. Case processing burden may be 160 hours per year at above assumed wage rate.

6( d) REASONS FOR CHANGE IN BURDEN ( i) New Requirement: There were no changes to the rule that affected burden estimates for this renewal ICR.

( ii) Adjustments: The annual estimate for printing of the code or description on the PTDs has been revised slightly upward from 87 hours and $ 2,304 in the previous ICR to 222 hours and $ 13,320. 6( e) BURDEN STATEMENT Not applicable. No forms are submitted to EPA, and it would not be appropriate for the PTDs. 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; 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. 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 are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS This section is not applicable because statistical methods are not used.