[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16680-16688]
[FR Doc No: 2014-05818]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2013-0600; FRL-9906-75-OAR]
RIN 2060-AR89

Protection of Stratospheric Ozone: Updates to HCFC Trade Language
as Applied to Article 5 Countries; Ratification Status of Parties to
the Montreal Protocol; and Harmonized Tariff Schedule Commodity Codes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing this
direct final rule to update: Regulations governing trade of HCFCs to
reflect that HCFC control measures have now taken effect for Parties
operating under Article 5 of the Montreal Protocol; references to Party
ratification status; commodity codes for ozone depleting substances to
address changes made in 2012 by the U.S. International Trade
Commission; and other minor provisions. We are making these revisions
to ensure that EPA regulations are consistent with the United States
obligations under Montreal Protocol and the Clean Air Act, to ensure
that companies importing ozone-depleting substances refer to accurate
commodity codes, and to streamline and clarify regulatory content.

DATES: This direct final rule is effective on June 24, 2014 without
further notice, unless EPA receives adverse comment by April 25, 2014.
If we receive adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0600, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Mail: Docket EPA-HQ-OAR-2013-0600, Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, Mail code: 6102T, 1200 Pennsylvania Avenue NW., Washington, DC
20460.
     Hand Delivery: Docket EPA-HQ-OAR-2013-0600 Air
and Radiation Docket at EPA West, 1301 Constitution Avenue NW., Room
B108, Mail Code 6102T, Washington, DC 20004. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0600. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. If
you want to submit confidential comments, please send them to the
individual listed in the FOR FURTHER INFORMATION CONTACT section. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling by telephone at (202)
343-9055 or by email at<EMAIL_ADDRESS>or by mail at U.S.
Environmental Protection Agency, Stratospheric Protection Division,
Stratospheric Program Implementation Branch (6205J), 1200 Pennsylvania
Ave. NW., Washington, DC 20460. You may also visit the Ozone Protection
Web site of EPA's Stratospheric Protection Division at www.epa.gov/ozone/strathome.html for further information about EPA's Stratospheric
Ozone Protection regulations, the science of ozone layer depletion and
related topics.

SUPPLEMENTARY INFORMATION: The Montreal Protocol bans trade with any
country that has not agreed to be bound by the control measures in
effect for that substance, unless the country meets certain
requirements that will be discussed later in this preamble. As of
January 1, 2013, Parties operating under Article 5 paragraph 1 of the
Montreal Protocol (Article 5 countries) are subject to a freeze on
production and consumption of HCFCs. In this action, EPA is bringing
its stratospheric ozone protection regulations up to date to indicate
that the existing trade provisions now apply to Article 5 countries.
This document provides current information on the ratification \1\
status of Article 5 countries. This action is necessary to ensure that
our regulations conform to United States obligations as a Party to the
Montreal Protocol and with the requirements of Title VI of the Clean
Air Act.
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    \1\ In this document, we use ``ratification'' to mean the
deposit of an instrument of ratification, acceptance, or approval.
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    The U.S. International Trade Commission is responsible for
publishing the Harmonized Tariff Schedule of the United States (HTS).
The HTS provides the applicable tariff rates and statistical categories
for all merchandise imported into the United States. It is based on the
international Harmonized System, the global system of nomenclature that
is used to describe most world trade in goods. Revisions made in 2012
affected the commodity codes (also known as HTS codes) for ozone
depleting substances. This action updates the commodity codes in our
regulations so that they coincide with the ones currently in effect and
in use by the U.S. International Trade Commission.
    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposed rule for the revisions discussed in this action if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any stakeholders interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.
    Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.

CAA--Clean Air Act
CAAA--Clean Air Act Amendments of 1990
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
EPA--Environmental Protection Agency
FR--Federal Register
HCFC--Hydrochlorofluorocarbon
HTS--Harmonized Tariff Schedule
Montreal Protocol--Montreal Protocol on Substances that Deplete the
Ozone Layer
MOP--Meeting of the Parties
MT--Metric Ton
ODP--Ozone Depletion Potential
ODS--Ozone-Depleting Substance(s)
Party--Nations and regional economic integration organizations that
have consented to be bound by the Montreal Protocol on Substances
that Deplete the Ozone Layer

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
    1. Confidential Business Information (CBI)
    2. Tips for Preparing Your Comments
II. Update to Regulations Concerning HCFC Trade Restrictions for
Article 5 Countries
    A. What does the Montreal Protocol say about trade restrictions?
    B. What do the Clean Air Act and EPA's regulations say about
trade restrictions?
    C. Today's Action
III. Remove Appendix C Listing Ratification Status of Parties and
Remove References to Appendix C
    A. Removing Appendix C to Subpart A of Part 82
    B. Revising Definitions Found in 40 CFR 82.3 Referring to
Appendix C
    C. Removing References to Appendix C Found in 40 CFR 82.4
    D. Removing References to Appendix C Found in 40 CFR 82.15
    E. Removing References to Appendix C Found in 40 CFR 82.18
IV. Updating Appendix E
V. Updating Commodity Codes for Ozone-Depleting Substances
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    This rule will affect the following categories: Industrial Gas
Manufacturing entities (NAICS code 325120), including fluorinated
hydrocarbon gas manufacturers and importers; Other Chemical and Allied
Products Merchant Wholesalers (NAICS code 424690), including chemical
gases and compressed gases merchant importers; refrigerant reclaimers,
manufacturers of recovery/recycling equipment; and refrigerant
recovery/recycling equipment testing organizations, including such
entities that might import virgin, recovered, or reclaimed gas.
    This list is not intended to be exhaustive, but rather provides a
guide for readers regarding the types of entities that could
potentially be regulated by this action. Other types of entities not
listed in this table could also be affected. To determine whether your
facility, company, business organization, or other entity is regulated
by this action, you should carefully examine these regulations. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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

1. Confidential Business Information (CBI)
    Do not submit this information to EPA through www.regulations.gov
or email. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD ROM that you mail
to EPA, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying

information (subject heading, Federal Register date, and page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Update to Regulations Concerning HCFC Trade Restrictions for
Article 5 Countries

A. What does the Montreal Protocol say about trade restrictions?

    The Montreal Protocol on Substances that Deplete the Ozone Layer
(Montreal Protocol) is the international agreement aimed at reducing
and eventually eliminating the production and consumption of
stratospheric ozone-depleting substances (ODS). The United States was
one of the original signatories to the 1987 Montreal Protocol and the
United States ratified the Protocol in 1988. Congress then enacted, and
President George H.W. Bush signed into law, the Clean Air Act
Amendments of 1990 (CAAA), which included Title VI on Stratospheric
Ozone Protection, codified as 42 U.S.C. Chapter 85, Subchapter VI, to
ensure that the United States could satisfy its obligations under the
Montreal Protocol.
    The 1990 London Amendment to the Montreal Protocol identified HCFCs
as transitional substances to serve as temporary, lower ozone-depletion
potential (ODP) substitutes for chlorofluorocarbons (CFCs) and other
more destructive ODS. The Parties agreed in the 1992 Copenhagen
Amendment to the Montreal Protocol to phase out HCFCs, beginning with a
cap on consumption for developed countries (also referred to as Article
2 countries). Countries operating under Article 5 of the Montreal
Protocol (also referred to as Article 5 countries or developing
nations) were entitled to delay instituting control measures for ten
years. While the 1992 Copenhagen Amendment did not cap HCFC production,
the Parties did establish a cap on production and added trade
restrictions through the Beijing Amendment agreed upon in 1999 at the
11th Meeting of the Parties. The same ten-year delay in instituting
control measures was applied to Article 5 countries. In 2007, at the
19th Meeting of the Parties in Montreal, Canada, the Parties agreed to
more aggressively phase out HCFCs and accelerate the freeze on their
production and consumption of HCFCs in Article 5 countries by three
years, such that it would take effect January 1, 2013, instead of
January 1, 2016.
    Article 4 of the Montreal Protocol governs control of trade with
non-Parties. Parties to the Beijing Amendment agreed, under paragraphs
1 quin. and 2 quin. of Article 4 of the Protocol, beginning in January
1, 2004, to ban HCFC imports from and exports to ``any State not party
to this Protocol.'' Paragraph 9 of Article 4 of the Protocol indicates
that the term ``State not party to this Protocol'' shall include, with
respect to a particular controlled substance, a State or regional
economic integration organization that has not agreed to be bound by
the control measures in effect for that substance. Paragraph 8 of
Article 4 provides an exception to the trade ban if ``that State is
determined, by a meeting of the Parties, to be in full compliance with
Article 2, Articles 2A to 2I [the control measures] and this Article,
and have submitted data to that effect as specified in Article 7.''
    As a result of the acceleration of the HCFC commitments made in
2007 at the 19th Meeting of the Parties, HCFC control measures came
into effect for Article 5 countries January 1, 2013. Therefore, under
Article 4 of the Montreal Protocol, trade is prohibited between any
Party to the Beijing Amendment and any Article 5 country that has not
ratified the Beijing Amendment, unless the Article 5 country meets the
exception contained in Article 4 paragraph 8.\2\ The United States is a
Party to the Beijing Amendment and therefore must comply with this
trade prohibition. The purpose of this direct final rule is to update
the EPA's regulations on trade in HCFCs to reflect their application to
Article 5 countries.
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    \2\ Currently, four Article 5 countries have not ratified the
Beijing Amendment: Kazakhstan, Libya, Mauritania, and Saudi Arabia.
None of these countries has been determined to be in compliance with
the Beijing Amendment pursuant to Article 4 paragraph 8.
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B. What do the Clean Air Act and EPA's Regulations say about trade
restrictions?

    Section 614(b) of the Clean Air Act, as amended, clarifies and
confirms the authority and responsibility of the EPA Administrator to
implement the United States' obligations under the Montreal Protocol,
specifically addressing the Administrator's authority to implement the
Protocol's trade provisions. As a conflict of laws provision, section
614(b) provides in relevant part that in the case of conflict between
any provision of the Clean Air Act and any provision of the Montreal
Protocol, the more stringent provision shall govern. In addition, that
subsection indicates that nothing in Title VI of the Act shall detract
from the Administrator's authority to implement the Article 4 trade
restrictions. Thus, section 614(b) implicitly assumes that the agency
has the authority to implement the trade provisions of the Protocol.
    Implementation of the Protocol's HCFC trade provisions through EPA
regulations helps safeguard the ozone layer. By preventing trade with
foreign states that are not party to or do not comply with the HCFC
control measures, these provisions help prevent HCFC production and
consumption that does not take place under the Protocol's phaseout
regime. Ultimately, these trade restrictions under the Protocol
safeguard against trade undermining the production, consumption, and
phaseout regime contemplated by both the Clean Air Act and the Montreal
Protocol.
    To implement the HCFC provisions of the Montreal Protocol, EPA
established an allowance system to control the U.S. consumption of
HCFCs and published the implementing regulations in the Federal
Register on January 21, 2003 (68 FR 2820). The HCFC allowance system is
part of EPA's Clean Air Act program to phase out ozone-depleting
substances to protect the stratospheric ozone layer. Protection of the
stratospheric ozone layer helps reduce rates of skin cancer and
cataracts, as well as other health and ecological effects. The U.S. is
obligated under the Montreal Protocol to limit HCFC consumption and
production to a specific level and, using stepwise reductions, to
decrease the specific level culminating in a complete HCFC phaseout in
2030.
    EPA's regulations also include provisions at 40 CFR 82.15(e) to
implement the ban on trade with countries not Party to the Protocol.
The EPA adopted section 82.15(e)(3) as currently drafted in 2004, at a
time when the HCFC control measures for Article 5 countries were still
well in the

future. This provision reflected the Parties' 2003 agreement in
Decision XV/3 that ``State not party to this Protocol'' in Article 4,
paragraph 9 does not apply to those States operating under Article 5,
paragraph 1, of the Protocol until January 1, 2016 when, in accordance
with the Copenhagen and Beijing Amendments, hydrochlorofluorocarbon
production and consumption control measures will be in effect for
States that operate under Article 5, paragraph 1, of the Protocol.'' At
that time, January 1, 2016, was the date on which the first control
measure for Article 5 countries, a production and consumption freeze,
was to go into effect. Under the 1997 Montreal Amendment, Article 5
countries became subject to a consumption and production freeze on
January 1, 2016 (Art. 5 para. 8 ter). In 2007, the Parties adopted
Decision XIX/6, which replaced the reference to 2016 in Decision XV/9
with the new freeze date, 2013.
    The regulatory trade provisions concerning HCFCs are now outdated
in several respects. Section 82.15(e)(3), which describes the past
status of Article 5 countries, is now obsolete because Article 5
countries are currently subject to HCFC control measures. Furthermore,
section 82.15(e)(2) refers to a specific procedure associated with a
March 2004 deadline. In addition, the various Appendix C annexes
referenced in section 82.15(e) have not been updated since 2004.

C. Today's Action

    This rule updates section 82.15(e) to reflect that the trade ban
applies to Article 5 countries not party to the HCFC control measures
except to the extent that the Article 5 country is complying with the
Beijing Amendment as provided in Article 4, paragraph 8 of the Montreal
Protocol. Because all Parties are now subject to HCFC control measures,
there is no longer any need to have a separate regulatory provision for
Article 5 countries. The revised language applies to both Article 5 and
non-Article 5 countries. In addition, EPA is removing from section
82.15(e)(2) the reference to a specific process and instead using the
defined term ``foreign state complying with,'' which is discussed in
Section III.B of this notice. EPA is also removing the references to
Appendix C, as discussed in Section III of this notice, and advises
readers to consult the Ozone Secretariat's Web site for updates
regarding the status of specific countries.

III. Remove Appendix C Listing Ratification Status of Parties and
Remove References to Appendix C

    Today's action removes Appendix C of Subpart A, which contains
lists of Parties to the Montreal Protocol and their ratification
status, because the information is outdated and in part duplicative of
other Appendices. This rule also updates several regulatory provisions
to remove references to Appendix C.

A. Removing Appendix C to Subpart A of Part 82

    This action removes Appendix C to Subpart A of Part 82 in its
entirety. This appendix contains information on Parties to the Montreal
Protocol, and nations complying with, but not Parties to, the Protocol.
It consists of four Annexes: (1) Parties to the Montreal Protocol (as
of January 29, 2003); (2) Nations Complying with, But Not Parties to,
the Protocol; (3) Nations that are Parties to the Montreal Protocol
that have not yet Ratified all applicable Amendments to the Protocol
but have Notified the Ozone Secretariat and Properly Submitted
Supporting Documentation in Accordance with the Requirements of
Decision XV/3; and (4) Nations That Are Parties to the Montreal
Protocol and Are Operating Under Article 5(1).
    Annex 1 contains a detailed matrix that lists Parties to the
Montreal Protocol along with information on whether they had ratified
specific amendments as of January 29, 2003. For updates to ratification
status, Annex 1 currently refers to the Montreal Protocol Ozone
Secretariat's Web site at: http://www.unep.org/ozone/ratif.shtml. EPA
is no longer going to attempt to maintain the ratification status of
Parties to the Protocol in our regulations. Ratification status can
easily become outdated and updates to the regulations to reflect such
changes are resource intensive and may be untimely. Furthermore, the
public is increasingly relying on the Internet to find information. EPA
believes that pointing readers to the Ozone Secretariat's Web site and
removing Annex 1 of Appendix C will ensure that the public is using the
most accurate and current information.
    Annex 2 currently contains no information, but rather, is reserved
to capture any and all ``Nations Complying with, But Not Party to, the
Protocol.'' The same rationale for removing Annex 1 applies to Annex 2.
This rule removes Annex 2 and updates our regulations to advise readers
to consult the Ozone Secretariat's Web site for Parties' ratification
status as well as identification of any country that is in compliance
with, but not party to, the Montreal Protocol.
    Annex 3 contains a matrix detailing information that has become
obsolete. Specifically, Annex 3 details information regarding any State
not operating under Article 5, that at the time of publication, had not
ratified the Copenhagen and/or the Beijing Amendment, but had followed
procedures set forth in Decision XV/3 to implement the exception in
Article 4, Paragraph 8. As explained above, EPA has decided against
attempting to maintain current ratification or compliance status in our
regulations. For this reason, this rule removes Annex 3 of Subpart A of
Part 82.
    Annex 4 contains a list of countries operating under Article 5 of
the Montreal Protocol. Appendix E of Subpart A also lists Article 5
countries and EPA sees no reason to maintain both. Therefore, this rule
removes Annex 4 of Appendix C and updates Appendix E.

B. Revising Definitions Found in 40 CFR 82.3 Referring to Appendix C

    Section 82.3 contains definitions for Subpart A. Several of those
definitions contain references to Appendix C. EPA is amending those
definitions by removing those references and advising readers to
consult the Ozone Secretariat's Web site. This rule also updates those
definitions, as necessary, to include references to the Beijing
Amendment.
    Foreign state complying with. EPA is adding a definition for
``Foreign state complying with.'' This replaces the definition of
``Complying with the Protocol,'' which is being removed from the list
of definitions. The new definition uses phrasing more consistent with
the existing definition of ``Foreign state not Party to or Non-Party.''
This new definition is similar to the old definition of ``Complying
with the Protocol'' but adds a reference to the Beijing Amendment and
removes the reference to appendix C.
    Complying with the Protocol. As mentioned above, EPA is removing
this definition from section 82.3.
    Nations complying with, but not joining, the Protocol. This
definition is simply a reference to Appendix C, annex 2. EPA is
therefore removing this definition.
    Foreign state not Party to or Non-Party. This rule adds the Beijing
Amendment to the list of amendments referenced in this definition.
    Party. EPA is revising this definition to remove the reference to
Appendix C and to advise readers to consult the

Ozone Secretariat's Web site for ratification status. EPA is also
revising the wording to be consistent with the wording for the
definition of ``Foreign state not Party to or Non-Party.''

C. Removing References to Appendix C Found in 40 CFR 82.4

    Section 82.4 contains prohibitions for class I controlled
substances. Several of the class I prohibitions refer to Annex 1 of
Appendix C (Parties to the Montreal Protocol) and Annex 2 of Appendix C
(Nations complying with, but not Party to the Protocol). Generally, the
class I regulations prohibit trade of class I controlled substances
with foreign states unless that foreign state is a Party to the
relevant control measures (as noted in Appendix C, Annex 1) or has been
found in compliance with them (as noted in Appendix C, Annex 2). The
ratification status listed in Annex 1 of Appendix C is outdated.
Furthermore, there are no Parties listed in Annex 2 of Appendix C.
While class I ozone-depleting substances are completely phased out and
production and import are allowed only under limited exceptions, EPA
does not want to maintain references to Appendix C when that Appendix
is being removed in today's action.
    EPA is revising section 82.4(l) paragraphs (1) through (6) to
remove the references to Appendix C and to advise readers to consult
the Ozone Secretariat's Web site.

D. Removing References to Appendix C Found in 40 CFR 82.15

    Section 82.15 contains prohibitions for class II controlled
substances. Certain provisions in section 82.15 refer to Appendix C. As
explained above, Appendix C is being removed through this action.
    EPA is revising section 82.15(c) ``Production with Article 5
Allowances'' to change the reference therein from ``Annex 4 of Appendix
C'' to ``Appendix E.'' As revised through this action, Appendix E
contains the current list of Article 5 Parties and advises readers to
consult the Ozone Secretariat's Web site for updates.
    Section 82.15(e)(1), (2), and (3), which are provisions related to
trade with foreign states, refer to Appendix C. This rule revises the
section 82.15(e) trade provisions for the reasons discussed in Section
II. EPA notes here that this revision also removes the references to
Appendix C.

E. Removing References to Appendix C Found in 40 CFR 82.18

    Section 82.18(a) apportions Article 5 allowances for class II
substances. Today's action removes the references in that section to
Annex 4 of Appendix C and replaces them with references to Appendix E.
    Section 82.18(c) addresses ``International trades of production
allowances, export production allowances and Article 5 allowances.''
Today's action revises section 82.18(c)(1) to conform to the changes
being made to section 82.15(e) concerning trades with parties. In part,
the revision removes references to Appendix C. In addition, EPA is
removing obsolete references to Appendix L. Appendix L currently
relates only to approved critical uses of methyl bromide and has no
relationship to international trades.

IV. Updating Appendix E

    Appendix E contains a list of countries operating under Article 5
of the Montreal Protocol. EPA last updated this appendix on December
15, 2009. South Sudan become a Party to the Protocol in January 2012
and ratified all four amendments in October 2012. South Sudan is listed
on the Ozone Secretariat's Web site as having a temporary
categorization as an Article 5 country pending submission of ODS
consumption data. EPA is adding it to Appendix E with a footnote
indicating this contingency. Per Decision XXV/16, Croatia has changed
its status under the Montreal Protocol and is no longer an Article 5
country. Therefore, today's action removes Croatia from Appendix E.
Other minor updates to Appendix E include referring to Bolivia as
``Bolivia (Plurinational State of)'', Moldova as ``Moldova (Republic
of)'', Libya as ``Libya'' as opposed to Libya (Arab Jamahiriya) and
Venezuela as ``Venezuela (Bolivarian Republic of).'' These changes
harmonize Appendix E with the list available on the Ozone Secretariat's
Web site. While a valuable reference, the list in Appendix E can become
outdated as changes occur to the list maintained by the Ozone
Secretariat. Therefore, in addition to updating the list, today's
action revises Appendix E to advise readers to consult the Ozone
Secretariat's Web site for updates: http://ozone.unep.org/new_site/en/parties_under_article5_para1.php.

V. Updating Commodity Codes for Ozone-Depleting Substances

    The international Harmonized System, administered by the World
Customs Organization, is the global system of nomenclature that is used
to describe most world trade in goods. The U.S. International Trade
Commission is responsible for publishing the Harmonized Tariff Schedule
of the United States Annotated (HTS).\3\ The HTS provides the
applicable tariff rates and statistical categories for all merchandise
imported into the United States.
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    \3\ The most recent version of the Harmonized Tariff Schedule of
the United States Annotated can be found at: http://www.usitc.gov/tata/hts/index.htm.
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    In 1998, EPA began requiring that importers of controlled
substances use specific HTS codes listed in Appendix K of subpart A to
40 CFR part 82 (63 FR 41638, August 4, 1998). For class II substances,
the relevant reporting and recordkeeping requirements appear at
sections 82.24(c)(1)(iii) and 82.24(c)(2)(viii), respectively. U.S.
Customs and Border Protection regulations require importers to properly
identify the contents of a shipment, including the use of a proper
commodity code from the HTS. EPA's rationale for requiring importers of
ODS to include specific commodity codes in their part 82 recordkeeping
and reporting was to improve compliance with stratospheric ozone
protection regulations. EPA is able to crosscheck and monitor the entry
data collected by Customs and compare it to the import data reported to
EPA. Proper use of commodity codes from the current HTS continues to be
important for EPA to monitor compliance.
    Revisions made in 2012 affected the commodity codes for ozone
depleting substances, which are found in Chapter 29 of the HTS. A
Change Record listing the changes made in 2012 is available in the
docket. Today's action revises the commodity codes for ODS in Appendix
K of Subpart A to reflect the relevant changes to the HTS. EPA is also
taking this opportunity to organize the list of ODS by class I and
class II for ease of reference.

VI. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
EPA already requires recordkeeping and reporting for ozone-depleting
substances

and this action does not amend those provisions. The Office of
Management and Budget (OMB) has previously approved the information
collection requirements contained in the existing regulations at 40 CFR
part 82, subpart A under the provisions of the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0498.
The OMB control numbers for EPA's regulations in 40 CFR are listed in
40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice-and-comment rulemaking requirements under the Administrative
Procedure Act or any other statute, unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    We have considered the economic impacts of this rule on small
entities. For purposes of assessing the impacts of this rule on small
entities, a small entity is defined as: (1) A small business that is
primarily engaged in industrial gas manufacturing as defined by NAICS
codes 325120 with fewer than 1000 employees or engaged in wholesale of
those gases as defined by NAICS codes 424620 with fewer than 100
employees; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The only
provision of today's rule that has the potential to affect small
entities is the update to the HCFC trade ban prohibiting the import or
export of HCFCs to three countries. Based on data reported to EPA,
there are fewer than half a dozen companies that have exported to these
countries in the last few years and none are small businesses.
    Although this direct final rule will not have a significant
economic impact on a substantial number of small entities, EPA
nonetheless has tried to reduce the impact of this rule on small
entities. In 2013 and 2014, EPA sent a letter to all importers and
exporters notifying them of the trade ban provisions in the Montreal
Protocol.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. UMRA does not apply to rules that are necessary for the
national security or the ratification or implementation of
international treaty obligations. This rule updates the regulations to
reflect the provisions of the Montreal Protocol related to trade with
non-Parties. Other changes in this rule are to improve the accuracy and
consistency of the regulations and have no to little impact on the
regulated community. Therefore, this action is not subject to the
requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. Potentially
affected entities are not government entities but rather producers,
importers, and exporters of HCFCs.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Potentially affected entities are
not government entities but rather producers, importers, and exporters
of HCFCs. Thus, Executive Order 13132 does not apply to this action.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action does
not significantly or uniquely affect the communities of Indian tribal
governments. It does not impose any enforceable duties on communities
of Indian tribal governments. Thus, Executive Order 13175 does not
apply to this action.

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

    EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the E.O. has the
potential to influence the regulation. This action is not subject to
E.O. 13045 because it implements specific trade provisions already
agreed upon and in effect under an international treaty.

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

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

I. National Technology Transfer and Advancement Act

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

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

    Executive Order (E.O.) 12898 (59 FR 7629, Feb. 16, 1994)
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the U.S.
    EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental

protection for all affected populations without having any
disproportionately high and adverse human health or environmental
effects on any population, including any minority or low-income
population. This action updates regulatory provisions related to the
HCFC trade ban: The effect is to prohibit export of HCFCs to a small
list of countries that are not Party to the Beijing Amendment to the
Montreal Protocol.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective June 24, 2014.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Exports, Hydrochlorofluorocarbons,
Imports.

    Dated: March 7, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, 40 CFR part 82 is amended
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671- 7671q.

0
2. Amend Sec.  82.3 by:
0
a. Removing the definition of ``Complying with the Protocol'';
0
b. Adding the definition of ``Foreign state complying with'';
0
c. Revising the definition of ``Foreign state not Party to or Non-
Party'';
0
d. Removing the definition of ``Nations complying with, but not
joining, the Protocol''; and
0
e. Revising the definition of ``Party'';
    The revised and added text reads as follows:

Sec.  82.3  Definitions for class I and class II controlled substances.

* * * * *
    Foreign state complying with, when referring to a foreign state not
Party to the 1987 Montreal Protocol, the London Amendment, the
Copenhagen Amendment, or the Beijing Amendment, means any foreign state
that has been determined to be complying with the 1987 Montreal
Protocol or the specified amendments by a Meeting of the Parties.
    Foreign state not Party to or Non-Party means a foreign state that
has not deposited instruments of ratification, acceptance, or other
form of approval with the Directorate of the United Nations
Secretariat, evidencing the foreign state's ratification of the
provisions of the 1987 Montreal Protocol, the London Amendment, the
Copenhagen Amendment, or the Beijing Amendment, as specified.
* * * * *
    Party means a foreign state that has deposited instruments of
ratification, acceptance, or other form of approval with the
Directorate of the United Nations Secretariat, evidencing the foreign
state's ratification of the provisions of the 1987 Montreal Protocol,
the London Amendment, the Copenhagen Amendment, or the Beijing
Amendment, as specified. (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php.)
* * * * *

0
3. Amend Sec.  82.4 by revising paragraphs (l)(1) through (6) to read
as follows:

Sec.  82.4  Prohibitions for class I controlled substances.

* * * * *
    (l) Every kilogram of a controlled substance, and every controlled
product, imported or exported in contravention of this subpart
constitutes a separate violation of this subpart. No person may:
    (1) Import or export any quantity of a controlled substance listed
in class I, Group I or Group II, in appendix A to this subpart from or
to any foreign state not Party to the 1987 Montreal Protocol unless
that foreign state is complying with the 1987 Montreal Protocol (For
ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php);
    (2) Import or export any quantity of a controlled substance listed
in class I, Group III, Group IV, or Group V, in appendix A to this
subpart, from or to any foreign state not Party to the London
Amendment, unless that foreign state is complying with the London
Amendment (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php); or
    (3) Import a controlled product, as noted in appendix D, annex 1 to
this subpart, from any foreign state not Party to the 1987 Montreal
Protocol, unless that foreign state is complying with the 1987 Montreal
Protocol (For ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
    (4) Import or export any quantity of a controlled substance listed
in class I, Group VII, in appendix A to this subpart, from or to any
foreign state not Party to the Copenhagen Amendment, unless that
foreign state is complying with the Copenhagen Amendment (For
ratification status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
    (5) Import or export any quantity of a controlled substance listed
in class I, Group VI, in appendix A to this subpart, from or to any
foreign state not Party to the Copenhagen Amendment unless that foreign
state is complying with the Copenhagen Amendment (For ratification
status, see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
    (6) Import or export any quantity of a controlled substance listed
in class I, Group VIII, in appendix A to this subpart, from or to any
foreign state not Party to the Beijing Amendment, unless that foreign
state is complying with the Beijing Amendment (For ratification status,
see: http://ozone.unep.org/new_site/en/treaty_ratification_status.php).
* * * * *

0
4. Amend Sec.  82.15 by revising paragraphs (c), (e)(1), and (e)(2),
and removing paragraph (e)(3) to read as follows:

Sec.  82.15  Prohibitions for class II controlled substances.

* * * * *
    (c) Production with Article 5 allowances. No person may introduce
into U.S. interstate commerce any class II controlled substance
produced with Article 5 allowances, except for export to an Article 5
Party as listed in Appendix E of this subpart. Every kilogram of a
class II controlled substance produced with Article 5 allowances that
is introduced into interstate commerce other than for export to an
Article 5 Party constitutes a separate violation under this subpart. No
person may export any class II controlled substance produced with
Article 5 allowances to a non-Article 5 Party. Every kilogram of a
class II controlled substance that was produced with Article 5
allowances that is

exported to a non-Article 5 Party constitutes a separate violation
under this subpart.
* * * * *
    (e) * * *
    (1) A Party to the Beijing Amendment. As of March 14, 2014, the
following foreign states had not ratified the Beijing Amendment:
Kazakhstan, Libya, and Mauritania. For updates on ratification status,
see the Ozone Secretariat's Web site at: http://ozone.unep.org/new_site/en/treaty_ratification_status.php. Or,
    (2) A foreign state not party to the Beijing Amendment that is
complying with the Beijing Amendment as defined in this subpart.
* * * * *

0
5. Amend Sec.  82.18 by revising paragraphs (a) and (c)(1) to read as
follows:

Sec.  82.18  Availability of production in addition to baseline
production allowances for class II controlled substances.

    (a) Article 5 allowances. (1) Effective January 1, 2003, a person
apportioned baseline production allowances for HCFC-141b, HCFC-22, or
HCFC-142b under Sec.  82.17 is also apportioned Article 5 allowances,
equal to 15 percent of their baseline production allowances, for the
specified HCFC for each control period up until December 31, 2009, to
be used for the production of the specified HCFC for export only to
foreign states listed in Appendix E to this subpart.
    (2) Effective January 1, 2010, a person apportioned baseline
production allowances under Sec.  82.17 for HCFC-141b, HCFC-22, or
HCFC-142b is also apportioned Article 5 allowances, equal to 10 percent
of their baseline production allowances, for the specified HCFC for
each control period up until December 31, 2019, to be used for the
production of the specified HCFC for export only to foreign states
listed in Appendix E to this subpart.
    (3) Effective January 1, 2015, a person apportioned baseline
production allowances under Sec.  82.17 for HCFC-123, HCFC-124, HCFC-
225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal
to 10 percent of their baseline production allowances, for the
specified HCFC for each control period up until December 31, 2019, to
be used for the production of the specified HCFC for export only to
foreign states listed in Appendix E to this subpart.
* * * * *
    (c) * * * (1) A person may increase or decrease their production
allowances, export production allowances, or Article 5 allowances, for
a specified control period through trades with a foreign state that is
Party to the Beijing Amendment or is complying with the Beijing
Amendment as defined in this subpart. The foreign state must agree
either to trade to the person for the current control period some
quantity of production that the foreign state is permitted under the
Montreal Protocol or to receive from the person for the current control
period some quantity of production that the person is permitted under
this subpart. The person must expend their consumption allowances
allocated under Sec.  82.19, or obtained under Sec.  82.20 in order to
produce with the additional production allowances.
* * * * *

Appendix C to Subpart A of Part 82--Parties to the Montreal Protocol,
and Nations Complying With, But Not Parties to, the Protocol--[Removed
and Reserved]

0
6. Remove and reserve Appendix C to Subpart A of Part 82.

0
7. Revise Appendix E to Subpart A of Part 82 to read as follows:

APPENDIX E TO SUBPART A OF PART 82--ARTICLE 5 PARTIES

    Parties operating under Article 5 of the Montreal Protocol as of
March 26, 2014 are listed below. An updated list can be located at:
http://ozone.unep.org/new_site/en/parties_under_article5_para1.php.
    Afghanistan, Albania, Algeria, Angola, Antigua & Barbuda,
Argentina, Armenia, Bahamas, Bahrain, Bangladesh, Barbados, Belize,
Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and
Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso,
Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic,
Chad, Chile, China, Colombia, Comoros, Congo, Congo (Democratic
Republic of), Cook Islands, Cost Rica, C[ocirc]te d'Ivoire, Cuba,
Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador,
Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia,
Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti,
Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq,
Jamaica, Jordan, Kenya, Kiribati, Korea (Democratic People's
Republic of), Korea (Republic of), Kuwait, Kyrgyzstan, Lao (People's
Democratic Republic), Lebanon, Lesotho, Liberia, Libya, Madagascar,
Malawi, Malaysia, Maldives, Mali, Marshall Islands Mauritania,
Mauritius, Mexico, Micronesia (Federal States of), Moldova (Republic
of), Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia,
Nauru, Nepal, Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan,
Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar,
Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent & the
Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal,
Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands,
Somalia, South Africa, South Sudan*, Sri Lanka, Sudan, Suriname,
Swaziland, Syrian Arab Republic, Tanzania (United Republic of),
Thailand, The Former Yugoslav Republic of Macedonia, Timor-Leste,
Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan,
Tuvalu, Uganda, United Arab Emirates, Uruguay, Vanuatu, Venezuela
(Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.
* temporarily categorized as Article 5 pending submission of ODS
consumption data

0
8. Revise Appendix K to Subpart A of Part 82 to read as follows:

APPENDIX K TO SUBPART A OF PART 82--COMMODITY CODES FROM THE HARMONIZED
TARIFF SCHEDULE FOR CONTROLLED SUBSTANCES AND USED CONTROLLED
SUBSTANCES

------------------------------------------------------------------------
                                                        Commodity code
        Description of commodity or chemical            from harmonized
                                                        tariff schedule
------------------------------------------------------------------------
Class II:
    HCFC-22 (Chlorodifluoromethane).................        2903.71.0000
    HCFC-123 (Dichlorotrifluoroethane)..............        2903.79.9020
    HCFC-124 (Monochlorotetrafluoroethane)..........        2903.79.9020
    HCFC-141b (Dichlorofluoroethane)................        2903.73.0000
    HCFC-142b (Chlorodifluoroethane)................        2903.74.0000
    HCFC-225ca, HCFC-225cb                                  2903.75.0000
     (Dichloropentafluoropropanes)..................
    HCFC-21, HCFC-31, HCFC-133, and other HCFCs.....        2903.79.9070
    HCFC Mixtures (R-401A, R-402A, etc.)............        3824.74.0000
Class I:
    CFC-11 (Trichlorofluoromethane).................        2903.77.0010
    CFC-12 (Dichlorodifluoromethane)................        2903.77.0050
    CFC-113 (Trichlorotrifluoroethane)..............        2903.77.0020

    CFC-114 (Dichlorotetrafluoroethane).............        2903.77.0030
    CFC-115 (Monochloropentafluoroethane)...........        2903.77.0040
    CFC-13, CFC-111, CFC-112, CFC-211, CFC-212, CFC-        2903.77.0080
     213, CFC-214, CFC-215, CFC-216, CFC-217, and
     other CFCs.....................................
    CFC Mixtures (R-500, R-502, etc.)...............        3824.71.0100
    Carbon Tetrachloride............................        2903.14.0000
    Halon 1301 (Bromotrifluoromethane)..............        2903.76.0010
    Halon, other....................................        2903.76.0050
    Methyl Bromide..................................        2903.39.1520
    Methyl Chloroform...............................        2903.19.6010
------------------------------------------------------------------------

[FR Doc. 2014-05818 Filed 3-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 26017-26019]
[DOCID:fr08my08-18]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

RIN 1625-AA00
[Docket No. USCG-2008-0309]

Safety Zone: Hatteras Boat Parade and Firework Display, Trent
River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard will implement a safety zone during the
Hatteras Boat Parade and Firework Display, a motor yacht parade to be
held on the waters of the Trent River, New Bern, North Carolina. Vessel
traffic in portions on the Trent River adjacent to New Bern, North
Carolina, will be restricted during the fireworks display.

DATES: This rule is effective May 30, 2008 from 7:30 p.m. to 9 p.m.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0309 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, 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, and at Commander
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, North
Carolina 28512, between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call C. D. Humphrey, Marine Event Coordinator,<PHONE_NUMBER>. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
impracticable and contrary to public interest because immediate action
is needed to minimize potential danger to the public during the event.
The necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided to the Coast Guard in
sufficient time to publish an NPRM. The potential dangers posed by the
pyrotechnic fireworks display, make a safety zone necessary to provide
for the safety of spectator craft and other vessels transiting the
event area. The Coast Guard will issue a broadcast notice to mariners
to advise mariners of the restriction and on have on-scene Coast Guard
and local law enforcement vessels.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, because immediate action is needed
to ensure the safety of the event participants, spectator craft and
other vessels transiting the event area. Advance notifications will be
made to users of the Trent River, via marine information broadcasts,
local notice to mariners, commercial radio stations and area
newspapers.

Background and Purpose

    On May 30, 2008, Hatteras Yacht's will sponsor the ``Hatteras Boat
Parade and Firework Display'', on the waters of the Trent River. The
event will consist of approximately nine motor Yachts ranging from 41
to 80 feet in length parading single file pass the Sheraton Hotel and
Marina. A small barge with close proximity pyrotechnics will be
anchored near the Trent River Railroad Bridge. Due to the need for
vessel control during the event, vessel traffic will be temporarily
restricted to provide for the safety of participants, spectators and
transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters
of the Trent River, New Bern, North Carolina. The safety zone includes
all waters within a 150 foot radius of position 35[deg] 06' 03'' N
077[deg] 02' 24'' W or approximately one 100 yards east of the center
span of Trent River Railroad Bridge, New Bern, North Carolina. The
safety zone will be in effect from 7:30 p.m. to 9 p.m. on May 30, 2008.
The effect will be to restrict general navigation in the safety zone
during the fireworks display. Except for persons or vessels authorized
by the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the safety zone during the enforcement period. The Patrol
Commander will notify the public of specific enforcement times by
Marine Radio Safety Broadcast. These regulations are needed to control
vessel traffic during the event to enhance the safety of participants,
spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
proposed regulation would prevent traffic from transiting a portion of
the Trent River adjacent to New Bern, North Carolina, during the event,
the effects of this regulation would not be significant due to the
limited duration that the safety zone would be in effect. Extensive
advance notifications would be made to the maritime community via Local
Notice to Mariners, marine information broadcast, and area newspapers,
so mariners can adjust their plans accordingly. Vessel traffic would be
able to transit the safety zone when the Coast Guard Patrol Commander
deems it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    The owners or operators of vessels intending to transit this
section of the Trent River will be impacted during the event.
    This purposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule will be enforced for only a short period, from 7:30 p.m. to 9 p.m.
on May 30, 2008. The safety zone will apply to a segment of the Trent
River adjacent to the New Bern waterfront. Marine traffic may be
allowed to pass through the safety zone with the permission of the
Coast Guard Patrol Commander. In the case where the Patrol Commander
authorizes passage through the safety zone during the event, vessels
will be required to proceed at the minimum speed necessary to maintain
a safe course that minimizes wake near the parade route. Before the
enforcement period, we would issue maritime advisories so mariners can
adjust their plans accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary 165.T-0309 to read as follows:

Sec.  165.T-0309  Trent River, New Bern, North Carolina.

    (a) Safety Zone. The safety zone includes all waters within a 150
feet radius of position 35[deg] 06' 03'' North 077[deg] 03' 24'' West,
approximately one hundred yards east of the Trent River Railroad
Bridge, New Bern, North Carolina. All coordinates reference Datum NAD
1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the
``Hatteras Boat Parade'' under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector North Carolina.
    (c) Safety Zone. (1) Except for event participants and persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the safety zone.
    (2) The Operator of any vessel in the safety zone must:
    (i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
    (ii) Comply with the instructions of the Official Patrol.
    (iii) If authorized to proceed, proceed at the minimum speed
necessary to maintain a safe course that minimizes wake near the event
site.
    (d) Enforcement period. This section will be enforced from 7:30
p.m. to 9 p.m. on May 30, 2008.

    Dated: April 21, 2008.
June E. Ryan,
Captain, U.S. Coast Guard, Commander, Sector North Carolina.
[FR Doc. E8-10272 Filed 5-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Proposed Rules]
[Pages 55619-55622]
[FR Doc No: 2020-19580]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0790; Product Identifier 2020-NM-077-AD]
RIN 2120-AA64

Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
300, -320, and -500 airplanes; and all Model ATR72-101, -102, -201, -
202, -211, -212, and -212A airplanes. This proposed AD was prompted by
reports of defective seat tracks. This proposed AD would require a
detailed visual inspection of each affected part for deficiencies
(sealant blockage and out of tolerance ligaments), and depending on
findings, accomplishment of applicable corrective actions, as specified
in a European Union Aviation Safety Agency (EASA) AD, which will be
incorporated by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 26,
2020.

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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email<EMAIL_ADDRESS>internet:
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0790.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0790; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one copy of the comments. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0790; Product Identifier 2020-NM-077-AD'' at the beginning of your
comments. The FAA will consider all comments received by the closing
date and may amend this NPRM based on those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments the FAA receives, without change,
to https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be

placed in the public docket of this NPRM. Submissions containing CBI
should be sent to the person identified in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0097R1, dated May 28, 2020
(``EASA AD 2020-0097R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-300, -320, -400, and -500 airplanes; and all Model ATR72-
101, -102, -201, -202, -211, -212, and -212A airplanes. Model ATR42-400
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this AD therefore does not include
those airplanes in the applicability.
    This proposed AD was prompted by reports of defective seat tracks,
either on the ATR final assembly line or during maintenance activities
on ATR airplanes. Investigation results identified a potential
structural deficiency of the affected seat tracks under an emergency
landing condition. The FAA is proposing this AD to address a structural
failure of the seat track attachment during an emergency landing,
possibly resulting in injury to occupants, and affecting emergency
evacuation. See the MCAI for additional background information.

Related Material Under 1 CFR Part 51

    EASA AD 2020-0097R1, dated May 28, 2020, describes procedures for a
detailed visual inspection of each affected seat track for deficiencies
(sealant blockage and out of tolerance ligaments), and corrective
actions if necessary. Corrective actions include replacement of seat
track sections, and replacement of the entire seat track.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

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, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
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.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0097R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-
0097R1 will be incorporated by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with EASA AD 2020-
0097R1 in its entirety, through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in the EASA AD does not mean that operators need
comply only with that section. For example, where the AD requirement
refers to ``all required actions and compliance times,'' compliance
with this AD requirement is not limited to the section titled
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2020-0097R1 that is required for
compliance with EASA AD 2020-0097R1 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0790 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 59 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Up to 28 work[dash]hours x $85 per hour = $2,380.............              $0           $2,380         $140,420
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
172 work-hours x $85 per hour =                      *          $14,620
 $14,620..............................
------------------------------------------------------------------------
*The FAA has received no definitive data that would enable us to provide
  parts cost estimates for the on-condition replacements specified in
  this proposed AD.

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, 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.

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):

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2020-
0790; Product Identifier 2020-NM-077-AD.

(a) Comments Due Date

    The FAA must receive comments by October 26, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the ATR--GIE Avions de Transport
R[eacute]gional airplanes identified in paragraphs (c)(1) and (2),
certificated in any category.
    (1) Model ATR42-300, -320, and -500 airplanes, all manufacturer
serial numbers, except manufacturer serial numbers 001 through 362
inclusive.
    (2) ATR72-101, -102, -201, -202, -211, -212, and -212A
airplanes, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of defective seat tracks. The
FAA is issuing this AD to address a structural failure of the seat
track attachment during an emergency landing, possibly resulting in
injury to occupants, and affecting emergency evacuation.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0097R1, dated May 28, 2020 (``EASA AD 2020-0097R1'').

(h) Exceptions to EASA AD 2020-0097R1

    (1) Where EASA AD 2020-0097R1 refers to May 18, 2020 (the
effective date of its original issue), this AD requires using the
effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0097R1 does not
apply to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-
0097R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or ATR--GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0097R1 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0097R1, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email<EMAIL_ADDRESS>internet: www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St. Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0790.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>

    Issued on August 31, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-19580 Filed 9-8-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Notices]
[Pages 35758-35759]
[FR Doc No: 2016-13063]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-1641-001.
    Applicants: Entergy Louisiana, LLC.
    Description: Request for Temporary and Limited Waiver of Entergy
Louisiana, LLC [containing unrelated Pro Forma sheets].
    Filed Date: 5/25/16.
    Accession Number: 20160525-5199.
    Comments Due: 5 p.m. ET 6/15/16.

    Docket Numbers: ER14-1643-001.
    Applicants: Entergy New Orleans, Inc.
    Description: Compliance filing: System Agreement--Compliance Update
(MSS-3) to be effective 5/31/2014.

    Filed Date: 5/25/16.
    Accession Number: 20160525-5147.
    Comments Due: 5 p.m. ET 6/15/16.

    Docket Numbers: ER14-1644-001.
    Applicants: Entergy Texas, Inc.
    Description: Compliance filing: System Agreement--Compliance Update
(MSS-3) to be effective 5/31/2014.
    Filed Date: 5/25/16.
    Accession Number: 20160525-5148.
    Comments Due: 5 p.m. ET 6/15/16.

    Docket Numbers: ER16-453-002.
    Applicants: Northeast Transmission Development, LLC, PJM
Interconnection, L.L.C.
    Description: Compliance filing: NTD submits compliance filing per
4/26/2016 order in Docket No. ER16-453 to be effective 2/1/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5090.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1039-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-05-26_DA Market Ext Reopening
Compliance Filing to be effective 4/29/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5087.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1290-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 1628R9 Western Farmers Electric
Cooperative NITSA--Amended to be effective 3/1/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5227.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1785-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Tariff Amendment: NYISO refiling of the Operating
Agreement to provide a full set of Attachments to be effective 5/23/
2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5165.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1786-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2016-05-25 Amdt--Variable
Energy Resource Settlement & Bid-Cost Recovery Rules to be effective
10/1/2016.
    Filed Date: 5/25/16.
    Accession Number: 20160525-5146.
    Comments Due: 5 p.m. ET 6/15/16.

    Docket Numbers: ER16-1787-000.
    Applicants: Citizens Sunrise Transmission LLC.
    Description: Sec.  205(d) Rate Filing: Annual Operating Cost True-
Up Adjustment Informational Filing to be effective 6/1/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5078.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1789-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Sec.  205(d) Rate Filing: Revisions to Schedule 2--
Reactive Supply and Voltage Control Service to be effective 7/26/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5151.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1790-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Request for a limited waiver of Midcontinent
Independent System Operator, Inc.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5163.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1791-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to MISO/PJM JOA--
CMP and ICP Baseline Changes to be effective 7/25/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5211.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1792-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Concurrence of EPE to APS
Rate Schedule No. 222 to be effective 7/13/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5233.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1793-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-05-26_CMP Baseline
Filing--Attachment LL Revisions to be effective 7/25/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5245.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1794-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-05-26_CMP Baseline
Filing--RS 8 MISO-Manitoba Hydro SOA to be effective 7/25/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5253.
    Comments Due: 5 p.m. ET 6/16/16.

    Docket Numbers: ER16-1795-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-05-26_CMP Baseline
Filing--RS 46 Minnkota-MISO Coordination Operating Agr to be effective
7/25/2016.
    Filed Date: 5/26/16.
    Accession Number: 20160526-5258.
    Comments Due: 5 p.m. ET 6/16/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 26, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-13063 Filed 6-2-16; 8:45 am]
 BILLING CODE 6717-01-P