[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28282-28285]
[FR Doc No: 2012-11524]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8229]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be

suspended unless the required floodplain management measures are met
prior to the effective suspension date. Since these notifications were
made, this final rule may take effect within less than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and Location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III

Virginia: Prince George County,        510204  May 17, 1974,      May 16, 2012..........  May 16, 2012.
 Unincorporated Areas.                          Emerg; May 1,
                                                1980, Reg;.
                                               May 16, 2012,
                                                Susp.

           Region IV

Florida:
    Collier County,                    120067  July 10, 1970,     ......do*.............   Do.
     Unincorporated Areas.                      Emerg; September
                                                14, 1979, Reg;
                                                May 16, 2012,
                                                Susp.
    Everglades City, City of,          125104  July 14, 1970,     ......do..............   Do.
     Collier County.                            Emerg; October
                                                6, 1972, Reg;
                                                May 16, 2012,
                                                Susp.
    Marco Island, City of,             120426  N/A, Emerg;        ......do..............   Do.
     Collier County.                            October 27,
                                                1998, Reg; May
                                                16, 2012, Susp.
    Naples, City of, Collier           125130  May 8, 1970,       ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1971, Reg; May
                                                16, 2012, Susp.
    Seminole Tribe of Florida,         120685  N/A, Emerg; March  ......do..............   Do.
     Collier and Broward                        25, 2002, Reg;
     Counties.                                  May 16, 2012,
                                                Susp.
Mississippi:
    Greenwood, City of, Leflore        280102  June 7, 1973,      ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1980, Reg; May
                                                16, 2012, Susp.
    Itta Bena, City of, Leflore        280103  January 17, 1974,  ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1978, Reg; May
                                                16, 2012, Susp.
    Leflore County,                    280101  August 28, 1973,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1979, Reg;
                                                May 16, 2012,
                                                Susp.
    Morgan City, Town of,              280104  March 1, 1974,     ......do..............   Do.
     Leflore County.                            Emerg; April 3,
                                                1978, Reg; May
                                                16, 2012, Susp.
    Schlater, Town of, Leflore         280105  May 3, 1976,       ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Sidon, Town of, Leflore            280106  January 30, 1974,  ......do..............   Do.
     County.                                    Emerg; March 15,
                                                1978, Reg; May
                                                16, 2012, Susp.

            Region V

Illinois:                        ............                                             ......................
    Catlin, Village of,                170661  August 21, 1975,   ......do..............   Do.
     Vermilion County.                          Emerg; September
                                                4, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Danville, City of,                 170662  June 16, 1975,     ......do..............   Do.
     Vermilion County.                          Emerg; July 18,
                                                1983, Reg; May
                                                16, 2012, Susp.
    Georgetown, City of,               170665  July 10, 1975,     ......do..............   Do.
     Vermilion County.                          Emerg; February
                                                11, 1976, Reg;
                                                May 16, 2012,
                                                Susp.
    Hoopeston, City of,                170667  November 11,       ......do..............   Do.
     Vermilion County.                          1976, Emerg;
                                                July 3, 1985,
                                                Reg; May 16,
                                                2012, Susp.
    Muncie, Village of,                170963  July 11, 1995,     ......do..............   Do.
     Vermilion County.                          Emerg; N/A, Reg;
                                                May 16, 2012,
                                                Susp.
    Potomac, Village of,               170799  September 23,      ......do..............   Do.
     Vermilion County.                          1975, Emerg;
                                                September 18,
                                                1985, Reg; May
                                                16, 2012, Susp.

    Rankin, Village of,                170668  August 1, 1975,    ......do..............   Do.
     Vermilion County.                          Emerg; September
                                                18, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Vermilion County,                  170935  February 28,       ......do..............   Do.
     Unincorporated Areas.                      1991, Emerg;
                                                June 1, 1995,
                                                Reg; May 16,
                                                2012, Susp.
    Westville, Village of,             170671  August 7, 1975,    ......do..............   Do.
     Vermilion County.                          Emerg; August
                                                19, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
Ohio:
    Celina, City of, Mercer            390393  January 22, 1975,  ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1986, Reg; May
                                                16, 2012, Susp.
    Coldwater, Village of,             390394  July 1, 1975,      ......do..............   Do.
     Mercer County.                             Emerg; February
                                                2, 1984, Reg;
                                                May 16, 2012,
                                                Susp.
    Mendon, Village of, Mercer         390671  July 31, 1975,     ......do..............   Do.
     County.                                    Emerg; November
                                                15, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Montezuma, Village of,             390396  June 11, 1997,     ......do..............   Do.
     Mercer County.                             Emerg; April 15,
                                                2002, Reg; May
                                                16, 2012, Susp.
    Rockford, Village of,              390397  July 21, 1975,     ......do..............   Do.
     Mercer County.                             Emerg; February
                                                1, 1986, Reg;
                                                May 16, 2012,
                                                Susp.

           Region VI

Louisiana:.....................
    Mandeville, City of, Saint         220202  March 12, 1974,    ......do..............   Do.
     Tammany Parish.                            Emerg; September
                                                28, 1979, Reg;
                                                May 16, 2012,
                                                Susp.
Texas:
    Brazos County,                     481195  January 13, 1986,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 2,
                                                1992, Reg; May
                                                16, 2012, Susp.
    Bryan, City of, Brazos             480082  May 2, 1974,       ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1981, Reg; May
                                                16, 2012, Susp.
    Wixon Valley, City of,             481636  N/A, Emerg;        ......do..............   Do.
     Brazos County.                             September 4,
                                                2001, Reg; May
                                                16, 2012, Susp.

           Region VII

Iowa:
    Cerro Gordo County,                190853  December 29,       ......do..............   Do.
     Unincorporated Areas.                      1999, Emerg;
                                                December 1,
                                                2001, Reg; May
                                                16, 2012, Susp.
    Clear Lake, City of, Cerro         190059  August 7, 1975,    ......do..............   Do.
     Gordo County.                              Emerg; August 4,
                                                1987, Reg; May
                                                16, 2012, Susp.
    Mason City, City of, Cerro         190060  March 21, 1975,    ......do..............   Do.
     Gordo County.                              Emerg; December
                                                2, 1980, Reg;
                                                May 16, 2012,
                                                Susp.
    Plymouth, City of, Cerro           190061  May 24, 1991,      ......do..............   Do.
     Gordo County.                              Emerg; January
                                                1, 1992, Reg;
                                                May 16, 2012,
                                                Susp.
    Rock Falls, City of, Cerro         190351  July 4, 1994,      ......do..............   Do.
     Gordo County.                              Emerg; July 1,
                                                1997, Reg; May
                                                16, 2012, Susp.
Missouri:
    Brunswick, City of,                290074  November 12,       ......do..............   Do.
     Chariton County.                           1975, Emerg;
                                                February 2,
                                                1983, Reg; May
                                                16, 2012, Susp.
    Chariton County,                   290073  January 12, 1984,
     Unincorporated Areas.                      Emerg; December
                                                3, 1987, Reg;
                                                May 16, 2012,
                                                Susp.
    Dalton, Village of,                290464  December 2, 1994,  ......do..............   Do.
     Chariton County.                           Emerg; October
                                                10, 2003, Reg;
                                                May 16, 2012,
                                                Susp.

           Region IX

Nevada:
    Eureka County,                     320028  March 9, 1984,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1988, Reg; May
                                                16, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: May 1, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-11524 Filed 5-11-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32867-32868]
[FR Doc No: 2014-13305]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-1033]

Safety Zones; Annual Events Requiring Safety Zones In the Captain
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone on the Grand
River in Spring Lake, MI. for the Spring Lake Heritage Festival
fireworks. This zone will be enforced from 9:30 p.m. until 11 p.m. on
June 14, 2014. This action is necessary and intended to ensure the
safety of life on navigable waters during a fireworks display. During
the aforementioned period, the Coast Guard will enforce restrictions
upon, and control movement of, vessels in the safety zone. No person or
vessel may enter the safety zone while it is being enforced without
permission of the Captain of the Port, Lake Michigan.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (d)(3) in Sec.  165.929, Table 165.929, from 9:30 p.m. until 11
p.m. on June 14, 2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email MST1 Joseph McCollum, Prevention Department,
Coast Guard Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Spring Lake
Heritage Festival Fireworks safety zone listed as item (d)(3) in Table
165.929 of 33 CFR 165.929. Section 165.929 lists many annual events
requiring safety zones in the Captain of the Port Lake Michigan zone.
This Spring Lake safety zone encompasses all waters of the Grand River
within the arc of a circle with a 700-foot radius from a barge in
position 43[deg]04'22.5'' N, 086[deg]12'24.07'' W, (NAD 83). This zone
will be enforced from 9:30 p.m. until 11 p.m. on June 14, 2014.
    All vessels must obtain permission from the Captain of the Port,
Lake Michigan, or the on-scene representative to enter, move within, or
exit the safety zone. Vessels and persons granted permission to enter
the safety zone must obey all lawful orders or directions of the
Captain of the Port, Lake Michigan, or a designated representative.
Vessels

that wish to transit through the safety zone may request permission
from the Captain of the Port Lake Michigan. Requests must be made in
advance and approved by the Captain of the Port before transits will be
authorized. Approvals will be granted on a case by case basis.
    This document is issued under authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety zones in the Captain of the Port
Lake Michigan zone and 5 U.S.C. 552(a). In addition to this publication
in the Federal Register, the Coast Guard will provide the maritime
community with advance notification of this event via Broadcast Notice
to Mariners or Local Notice to Mariners that the regulation is in
effect. The Captain of the Port, Lake Michigan, or his or her on-scene
representative may be contacted via Channel 16, VHF-FM.

    Dated: May 27, 2014.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-13305 Filed 6-6-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Rules and Regulations]
[Pages 20331-20333]
[FR Doc No: 2022-07285]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R05-OAR-2008-0138; EPA-R05-OAR-2011-0827; FRL-9397-02-R5]

Air Plan Approval; Indiana, Ohio; Definition of Chemical Process
Plants Under State Prevention of Significant Deterioration Regulations
and Operating Permit Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for Indiana and
revisions to the operating permit program for Ohio. The revisions
incorporate changes to the definition of ``chemical process plants''
under Indiana's Prevention of Significant Deterioration (PSD)
regulations and under Ohio's operating permit program. EPA also
provided an opportunity for public comment on similar changes to the
definition of ``major stationary source'' in Ohio's PSD regulations
that were approved into the SIP on October 28, 2014. The changes to the
State rules described below are approvable because they are consistent
with EPA regulations governing state PSD and title V programs and will
not interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171 of the Clean Air
Act (CAA)), or any other applicable requirement of the CAA. EPA
proposed to approve this action on January 19, 2022, and received no
adverse comments.

DATES: This final rule is effective on May 9, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2008-0138 (Ohio) and EPA-R05-2011-0827 (Indiana). All
documents in the docket are listed on the www.regulations.gov website.
Although listed in the index, some information is not publicly
available, i.e., 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 either through
www.regulations.gov or at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays and facility closures
due to COVID-19. We recommend that you telephone Michael Langman,
Physical Scientist, at<PHONE_NUMBER> or Mari Gonz[aacute]lez,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: For information regarding Indiana's
PSD permit program: Michael Langman, Physical Scientist, Air Permits
Section, Air Programs Branch (AR-18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6867, [email protected]. For information regarding Ohio's
title V operating permit or PSD permit programs: Mari Gonz[aacute]lez,
Environmental Engineer, Air Permits Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On January 19, 2022 (87 FR 2731), EPA proposed to approve revisions
excluding ethanol production facilities that produce ethanol by natural
fermentation from the chemical process plant source category in
Indiana's PSD rules at 326 Indiana Administrative Code (IAC) 2-2-1 and
Ohio's title V operating permit rules at Ohio Administrative Code (OAC)
3745-77-01. An explanation of the CAA requirements, a detailed analysis
of the revisions, and EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking (NPRM), and will not be
restated here. The public comment period for this proposed rule ended
on February 18, 2022. EPA received no comments on the proposal.

II. Final Action

    EPA is approving revisions to the Indiana SIP in 40 CFR 52.770. EPA
is also approving revisions to the Ohio title V operating permit
program in 40 CFR part 70, appendix A. The revisions that EPA is
approving change the definition of ``major stationary source'' under
Indiana's PSD regulations at 326 IAC 2-2-1(ff)(1) and Ohio's operating
permit program at 3745-77-01(W). EPA is not taking action on changes
related to Indiana's nonattainment new source review regulations in
this action. EPA is taking no further action with respect to the 2014
revisions to the Ohio PSD SIP in 40 CFR 52.1870 related to the 2007
Ethanol Rule because we received no comments on this issue in the NPRM.
As explained in the NPRM, EPA has determined that these revisions are
consistent with EPA's PSD and title V regulations and that approval of
these revisions is consistent with the requirements of CAA section
110(l) and will not adversely impact air quality.

III. Incorporation by Reference

    In this rule, 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 the Indiana
Regulations described in Section II of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through
www.regulations.gov, and at the EPA Region 5 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.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission and a state title V program submission that complies with
the provisions of the CAA and applicable Federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a); 42 U.S.C. 7661a(d); 40 CFR 70.1(c), 70.4(i).
Thus, in reviewing SIP submissions and title V program revision
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, 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 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).
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    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 June 6, 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 may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.

    Dated: March 31, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 70 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.

0
2. In Sec.  52.770, the table in paragraph (c) is amended by revising
the entries for ``2-2-1'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                      Indiana
    Indiana citation              Subject            effective     EPA approval date             Notes
                                                        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2-2-1..................  Definitions..............    3/16/2011  9/28/2011, 76 FR      (a) through (e), (f)(2)
                                                                  59899.                through (f)(3), (g)
                                                                                through (cc), (dd)(2)
                                                                                through (dd)(3), (ee)(1)
                                                                                through (ee)(2), (ff)(2)
                                                                                through (ff)(6),
                                                                                (gg)(1)(A) through
                                                                                (gg)(1)(B), (gg)(2)
                                                                                through (gg)(3), (hh)
                                                                                through (rr), (ss)(2)
                                                                                through (ss)(6), (tt)
                                                                                through (vv), (ww)(1)(A)
                                                                                through (ww)(1)(E),
                                                                                (ww)(1)(G) through
                                                                                (ww)(1)(W), (ww)(2),
                                                                                (xx) through (aaa).
2-2-1..................  Definitions..............    7/11/2012  10/29/2012, 77 FR     (dd)(1), (ff)(7),
                                                                  65478.                (ss)(1), (ww)(1)(F) and
                                                                                (ww)(1)(G) only.
2-2-1..................  Definitions..............    7/11/2012  7/2/2014, 79 FR       (f)(1), (ee)(3), and
                                                                  37646.                (gg)(1)(C) only.

2-2-1..................  Definitions..............    9/16/2011  4/7/2022, [INSERT     (ff)(1) only.
                                                                  Federal Register
                                                                  CITATION].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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

0
4. In appendix A to part 70 the entry for ``Ohio'' is amended by adding
paragraph (e) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Ohio

* * * * *
    (e) The Ohio Environmental Protection Agency submitted an
operating permits program amendment on February 4, 2008. The program
amendment contained in the February 4, 2008 submittal revises the
definition of major source to exclude ethanol production facilities
that produce ethanol by natural fermentation from the chemical
process plant source category. The state is hereby granted approval
effective on May 9, 2022.
* * * * *
[FR Doc. 2022-07285 Filed 4-6-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23721-23723]
[FR Doc No: 2019-10764]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0230]
RIN 1625-AA00

Safety Zone; Ohio River Mile 0.0 to Mile 0.6, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Ohio River from mile 0.0 to mile 0.6. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a barge based fireworks
display. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by Captain of the Port Marine Safety
Unit Pittsburgh.

DATES: This rule is effective from 8:30 p.m. through 10:30 p.m. on June
8, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0230 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh,
U.S. Coast Guard, at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
received a notice of the event on March 28, 2019. After receiving and
fully reviewing the event information, circumstances and exact
location, the Coast Guard determined that a safety zone was necessary
to protect personnel, vessels, and the marine environment from
potential hazards created from a barge based firework display. It would
be impracticable to complete the full NPRM process for this safety zone
because we need to establish it by June 8, 2019 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine
Safety Unit Pittsburgh (COTP) has determined that a safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created from a barge based firework display.

IV. Discussion of the Rule

    This rule establishes a safety zone on June 8, 2019, from 8:30 p.m.
through 10:30 p.m. The safety zone will cover all navigable waters on
the Ohio River from mile 0.0 to mile 0.6. The duration of the safety
zone is intended to protect personnel, vessels, and the marine
environment from potential hazards created by a barge based firework
display.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of the COTP. To seek permission to enter,
contact the COTP or a designated representative via VHF-FM channel 16,
or through Marine Safety Unit Pittsburgh at<PHONE_NUMBER>. Persons and
vessels permitted to enter the safety zone must comply with all lawful
orders or directions issued by the COTP or designated representative.
The COTP or a designated representative will inform the public of the
effective period for the safety zone as well as any changes in the
dates and times of enforcement through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and

benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
Executive Order 13771 directs agencies to control regulatory costs
through a budgeting process. This rule has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts a
one-mile stretch of the Ohio River for a limited duration of two hours.
Vessel traffic will be informed about the safety zone through local
notices to mariners. Moreover, the Coast Guard will issue Broadcast
Notices to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to transit the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting two hours that will prohibit entry on the Ohio
River from mile 0.0 to mile 0.6, during the barge based firework event.
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES F.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0230 to read as follows:

Sec.  165.T08-0230  Safety Zone; Ohio River, miles 0.0-0.6, Pittsburgh,
PA.

    (a) Location. The following area is a safety zone: All waters of
the Ohio River from mile 0.0 to mile 0.6.
    (b) Effective period. This section is effective from 8:30 p.m.
through 10:30 p.m. on June 8, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry of persons and vessels into this zone is

prohibited unless authorized by the Captain of the Port Marine Safety
Unit Pittsburgh (COTP) or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. The COTP's representative may be contacted at 412-221-
0807.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Designated COTP
representatives include United States Coast Guard commissioned,
warrant, and petty officer.
    (d) Information broadcasts. The Captain COTP or a designated
representative will inform the public through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.

    Dated: May 13, 2019.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-10764 Filed 5-22-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58247-58248]
[FR Doc No: 2015-24500]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-EPA-HQ-OAR-2003-0085; FRL-9934-86-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Radionuclides (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Radionuclides
(Renewal)'' (EPA ICR No. 1100.15, OMB Control No. 2060-0249) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed extension of the ICR. Public comments were
previously requested via the Federal Register during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before October 28,
2015.

ADDRESSES: Submit your comments, referencing the above referenced
Docket ID Number online using www.regulations.gov (our preferred
method), or by mail to: EPA Docket Center, Environmental Protection
Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC
20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Rajani Joglekar, Radiation Protection
Division, Office of Radiation and Indoor Air, Mail Code 6608J,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: In the context of the Clean Air Act (42 U.S.C. 1857),
section 114 authorizes the Administrator of EPA to require any person
who owns or operates any emission source or who is subject to any
requirements of the Act to: (1) Establish and maintain records, (2)
make reports, install, use, and maintain monitoring equipment or
method, (3) sample emissions in accordance with EPA prescribed
locations, intervals and methods, and (4) provide information as may be
requested. EPA's regional offices use the information collected to
ensure that

public health continues to be protected from the hazards of
radionuclides by compliance with health based standards. This
information is required for those facilities meeting the definition of
each Subpart. EPA's compliance monitoring activities vary widely. EPA
could issue a letter requesting information about compliance or could
conduct a full-scale investigation, including on site inspections. The
information required to be submitted is not confidential in nature.
    Respondents/affected entities: The NAICS Codes of facilities
associated with the activity of the respondents are: (1) Elemental
Phosphorous 325188, (2) Phosphogypsum Stacks 212392, (3) Underground
Uranium Mines 212291, and (4) Uranium Mill Tailings 212291.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 20 (total).
    Frequency of response: Initially (Once), Annually, Random
(Occasionally)
    Total estimated burden: 3,000 hours (per year). Burden is defined
at 5 CFR 1320.03(b)
    Total estimated cost: $500,000, which includes $300,000 in
annualized capital and O&M costs.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-24500 Filed 9-25-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Proposed Rules]
[Pages 37681-37684]
[FR Doc No: 2014-15530]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0672; Directorate Identifier 2013-NM-058-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain The Boeing Company Model 767-200, -300, -300F, and -
400ER airplanes. The NPRM proposed to require an inspection of the wing
fuel tank access doors to determine whether impact-resistant access
doors are installed in the correct locations, and to replace
incorrectly installed doors with impact-resistant access doors. The
NPRM also proposed to require an inspection for stencils and index
markers on impact-resistant access doors, and application of new
stencils or index markers if necessary. In addition, the NPRM proposed
to require revising the maintenance program to incorporate changes to
the airworthiness limitations section. The NPRM was prompted by reports
indicating that a standard access door was located where an impact-
resistant access door was required, and stencils were missing from some
impact-resistant access doors. This action revises the NPRM by adding
airplanes to the applicability. We are proposing this supplemental NPRM
(SNPRM) to prevent foreign object penetration of the fuel tank from
uncontained engine failure or tire debris, which could cause a fuel
leak near an ignition source (e.g., hot brakes or engine exhaust
nozzle), consequently leading to a fuel-fed fire. Since these actions
impose an additional burden over that proposed in the NPRM, we are
reopening the comment period to allow the public the chance to comment
on these proposed changes.

DATES: We must receive comments on this SNPRM by August 18, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0672; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6438; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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-2013-0672; Directorate Identifier 2013-NM-058-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 because of those comments.
    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

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to The Boeing Company Model 767-200, -300, -300F, and -
400ER series airplanes. The NPRM published in the Federal Register on
August 12, 2013 (78 FR 48826). The NPRM proposed to require an
inspection of the left- and right-hand wing fuel tank access doors to
determine whether impact-resistant access doors are installed in the
correct locations, and to replace incorrectly installed doors with
impact-resistant access doors. The NPRM also proposed to require an
inspection for stencils and index markers on impact-resistant access
doors, and application of new stencils or index markers if necessary.
In addition, the NPRM proposed to require revising the maintenance
program to incorporate changes to the airworthiness limitations
section.

Actions Since NPRM (78 FR 48826, August 12, 2013) Was Issued

    Since we issued the NPRM (78 FR 48826, August 12, 2013), we have
determined that more airplanes are subject to the unsafe condition.
This includes all airplanes delivered prior to the release of the
critical design configuration control limitation (CDCCL) Task 57-AWL-
01, ``Impact-Resistant Fuel Tank Access Door,'' of Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs) of Boeing 767 Maintenance Planning Data Document
D622T001-9, Revision January 2013.

Comments

    We gave the public the opportunity to comment on the NPRM (78 FR
48826, August 12, 2013). The following presents the comments received
on the NPRM and the FAA's response to each comment.

Request To Include Revised Service Information

    Boeing requested that we revise the NPRM (78 FR 48826, August 12,
2013) to include Boeing Service Bulletin 767-28-0105, Revision 1, dated
February 6, 2013, which revises the applicability from line numbers 1
through 984 to line numbers 1 through 1039. This will include all
airplanes delivered prior to the release of the Maintenance Planning
Data (MPD) update to contain CDCCL Task 57-AWL-01, ``Impact-Resistant
Fuel Tank Access Door,'' of Section 9, Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs) of Boeing 767
Maintenance Planning Data Document D622T001-9, Revision October 2012,
which makes sure the impact-resistant access doors are installed at the
correct locations per ongoing maintenance actions.
    We agree with the request to include Boeing Service Bulletin 767-
28-0105, Revision 1, dated February 6, 2013, in this SNPRM. The
references specified in paragraphs (c) and (g) of this SNPRM have been
revised accordingly. We have also added new paragraph (j) to this SNPRM
to provide credit for actions required by paragraph (g) of this SNPRM
using Boeing Service Bulletin 767-28-0105, dated January 12, 2012. In
addition, we have re-designated the subsequent paragraphs accordingly.
For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for
Docket No. FAA-2013-0672.

Request To Withdraw the NPRM (78 FR 48826, August 12, 2013)

    American Airlines (AAL) requested that the NPRM (78 FR 48826,
August 12, 2013) be withdrawn. AAL stated that the NPRM is unnecessary
and redundant due to existing mandated actions. AAL stated that AD
2008-11-01, Amendment 39-15523 (73 FR 29414, May 21, 2008), requires
the incorporation of CDCCL Task 57-AWL-01, ``Impact-Resistant Fuel Tank
Access Door,'' of Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs) of Boeing 767 Maintenance
Planning Data Document D622T001-9, Revision October 2012, which is also
proposed for incorporation by the NPRM. AAL stated that due to the
presence of Subsection D in Section 9, the subsequent revisions and FAA
approvals of Section 9 have already mandated that AAL's maintenance
program include the requirements of CDCCL 57-AWL-01. Similarly AAL
stated that the requirements of AD 2010-06-10, Amendment 39-16234 (75
FR 15322, March 29, 2010); and AD 2011-25-05, Amendment 39-16881 (77 FR
2442, January 18, 2012); also make this NPRM unnecessary.
    We disagree with the request to withdraw the NPRM (78 FR 48826,
August 12, 2013). The three ADs the commenter specified do not require
incorporating CDCCL 57-AWL-01. However, we acknowledge that subsequent
alternative methods of compliance (AMOCs) to those ADs could lead to
incorporation of Subsection D of Section 9 because AMOCs written to
allow use of subsequent revisions of MPD Section 9 were also written to
require complete incorporation of the later publication of Section 9,
Subsection D, into the maintenance program. Incorporation of AMOCs to
other ADs, which is the mechanism leading to full incorporation of
Subsection D, is voluntary by the operator. Without an AD to require
this AWL task, an operator would only be required to comply with ADs
that do not require incorporation of this task.
    We have added new paragraph (k)(4) to this SNPRM to allow AMOCs
approved after November 2, 2012, for AD 2008-11-01 R1, Amendment 39-
16145 (74 FR 68515, December 28, 2009); AD 2010-06-10, Amendment 39-
16234 (75 FR 15322, March 29, 2010); and AD 2011-25-05, Amendment 39-
16881 (77 FR 2442, January 18, 2012); to be approved as AMOCs for the
corresponding provisions of paragraph (h) of this SNPRM.

Request To Allow Credit

    AAL requested that we allow credit for maintenance tasks already
incorporated to satisfy the requirements of CDCCL Task 57-AWL-01,
``Impact-Resistant Fuel Tank Access Door,'' of Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs) of
Boeing 767 Maintenance Planning Data Document D622T001-9, Revision
October 2012. AAL stated that during its maintenance check schedule it
verified that the panels are impact resistant and were inspected for
correct markings, which satisfies the actions required by the NPRM (78
FR 48826, August 12, 2013).
    We agree to allow credit for actions accomplished using CDCCL Task
57-AWL-01, ``Impact-Resistant Fuel Tank Access Door,'' of Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs) of Boeing 767 Maintenance Planning Data Document
D622T001-9, Revision October 2012. Paragraph (f) of this SNPRM would
require compliance within the compliance times specified,

unless already done; therefore, no change has been made to this SNPRM
in this regard.

Supplemental Type Certificate (STC) Winglet Comment for ST01920SE

    Aviation Partners Boeing stated that the installation of winglets
per STC ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se) does
not affect the accomplishment of the manufacturer's service
instructions.

Clarification of Unsafe Condition

    We have clarified the unsafe condition specified in the SUMMARY and
paragraph (e) of this SNPRM by adding the text, ``from uncontained
engine failure or tire debris.''

FAA's Determination

    We are proposing this SNPRM because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Certain changes described above expand the scope of the NPRM (78 FR
48826, August 12, 2013). As a result, we have determined that it is
necessary to reopen the comment period to provide additional
opportunity for the public to comment on this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require accomplishing the actions specified in the
service information identified previously. This SNPRM would add
airplanes to the applicability.

Costs of Compliance

    We estimate that this proposed AD affects 436 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  Up to 7 work-hours x $85                 $0            $595        $259,420
                                      per hour = $595.
Maintenance program revision.......  1 work-hour x $85 per hour               $0             $85         $37,060
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement per door.......................  3 work-hours x $85 per hour = $255.          $8,000          $8,255
Stencil and index marker...................  9 work-hours x $85 per hour = $765.              $0            $765
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2013-0672; Directorate Identifier
2013-NM-058-AD.

(a) Comments Due Date

    We must receive comments by August 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes; certificated in any category; as
identified in Boeing Service Bulletin 767-28-0105, Revision 1, dated
February 6, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports indicating that a standard
access door was located where an impact-resistant access door was
required, and stencils were missing from some impact-resistant
access doors. We are issuing this AD to prevent foreign object
penetration of the fuel tank from uncontained engine failure or tire
debris, which could cause a fuel leak near an ignition source (e.g.,
hot brakes or engine nozzle), consequently leading to a fuel-fed
fire.

(f) Compliance

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

(g) Inspections

    Within 72 months after the effective date of this AD, do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-28-0105, Revision 1, dated February 6, 2013.
    (1) Do either a general visual inspection or ultrasonic non-
destructive test of the left- and right-hand wing fuel tank access
doors to determine whether impact-resistant access doors are
installed in the correct locations. If any standard access door is
found, before further flight, replace with an impact-resistant
access door.
    (2) Do a general visual inspection of the left- and right-hand
wing fuel tank impact-resistant access doors to verify stencils and
index markers are applied. If a stencil or index marker is missing,
before further flight, apply a stencil or index marker, as
applicable.

(h) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate
critical design configuration control limitation (CDCCL) Task 57-
AWL-01, ``Impact-Resistant Fuel Tank Access Door,'' of Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs) of Boeing 767 Maintenance Planning Data Document
D622T001-9, Revision January 2013.

(i) No Alternative Actions, Intervals, and/or CDCCLs

    After accomplishing the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (k) of this
AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 767-28-0105,
dated January 12, 2012, which is not incorporated by reference in
this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs for ADs 2008-11-01 R1, Amendment 39-16145 (74 FR
68515, December 28, 2009); 2010-06-10, Amendment 39-16234 (75 FR
15322, March 29, 2010); or 2011-25-05, Amendment 39-16881 (77 FR
2442, January 18, 2012); that meet the conditions specified in
paragraphs (k)(4)(i) and (k)(4)(ii) of this AD are approved as AMOCs
for the corresponding provisions of paragraph (h) of this AD.
    (i) AMOCs that are approved after November 2, 2012.
    (ii) AMOCS that include incorporation of CDCCL Task 57-AWL-01,
``Impact-Resistant Fuel Tank Access Door.''

(l) Related Information

    (1) For more information about this AD, contact Suzanne Lucier,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-15530 Filed 7-1-14; 8:45 am]
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