ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2006 0296; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOx RACT Determinations for Eight Individual Sources AGENCY: Environmental Protection Agency ( EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to approve revisions to the Commonwealth of Pennsylvania State Implementation Plan ( SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection ( PADEP) to establish and require reasonably available control technology ( RACT) for seven major sources of volatile organic compounds ( VOC) and one source of nitrogen oxides ( NOx) pursuant to the Commonwealth of Pennsylvania's ( Pennsylvania's or the Commonwealth's) SIP approved generic RACT regulations. EPA is approving these revisions in accordance with the Clean Air Act ( CAA).

EFFECTIVE DATE: This final rule is effective on [ insert date 30 days from date of publication].

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA R03

OAR 2006 0296. All documents in the docket are listed in the www. regulations. gov website.

Although listed in the electronic docket, some information is not publicly available, i. e.,

confidential business information ( CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available 2 either electronically through www. regulations. gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency,

Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P. O.

Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: LaKeshia N. Robertson, ( 215) 814 2113, or by e mail at robertson. lakeshia@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background On April 27, 2006 ( 71 FR 24834), EPA published a notice of proposed rulemaking ( NPR) for the Commonwealth of Pennsylvania. The NPR proposed approval of formal SIP revisions submitted by Pennsylvania on March 27, 1995, August 1, 1995, January 10, 1996, March 21, 1996, October 18, 1996, June 22, 1999, and July 28, 1999. These SIP revisions consist of source specific operating permits issued by PADEP to establish and require RACT pursuant to the Commonwealth's SIP approved generic RACT regulations. The following table identifies the sources and the individual operating permits ( OPs) which are the subject of this rulemaking. 3 PENNSYLVANIA  VOC AND NOx RACT DETERMINATIONS FOR INDIVIDUAL SOURCES SOURCE'S NAME COUNTY Operating Permit ( OP #) Consent Order ( CO#) SOURCE TYPE " MAJOR SOURCE" POLLUTANT Carlisle Tire & Rubber Company Cumberland 21 2003 Specialty Tire Manufacturing VOC The Carbide/ Graphite Group, Inc. Elk OP 24 012 Graphite Electrode and Graphite Specialties Manufacturing Facility VOC Celotex Corporation Northumberland OP 49 0013 Fiberboard Manufacturing Facility VOC American Railcar Industries, Inc. Shippers Car Line Division Northumberland OP 49 0012 Railcar Cleaning and Refurbishment Operation VOC ACF Northumberland OP 49 0009 Railcar Manufacturing Operation VOC New Holland North America, Inc. Lancaster 36 2028 Surface Coating Operation VOC Allsteel, Inc. Luzerne 40 0015 Metal Furniture Coatings VOC Ball Foster Glass Container Co. McKean OP 42 0028 Glass Melting Furnaces NOx An explanation of the CAA's RACT requirements as they apply to the Commonwealth and EPA's rationale for approving these SIP revisions were provided in the NPR and will not be restated here.

No public comments were received on the NPR. 4 II. Final Action EPA is approving the revisions to the Pennsylvania SIP submitted by PADEP on March 27, 1995,

August 1, 1995, January 10, 1996, March 21, 1996, October 18, 1996, June 22, 1999, and July 28,

1999, to establish and require VOC and NOx RACT for eight sources pursuant to the Commonwealth's SIP approved generic RACT regulations.

III. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget.

For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355, May 22,

2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian 5 tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 ( 65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 " Protection of Children from Environmental Health Risks and Safety Risks" ( 62 FR 19885,

April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA,

when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.). 6 B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules: ( 1) rules of particular applicability; ( 2) rules relating to agency management or personnel; and ( 3) rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non agency parties. 5 U. S. C. 804( 3). EPA is not required to submit a rule report regarding today's action under section 801 because this is a rule of particular applicability establishing source specific requirements for eight named sources.

C. Petitions for Judicial Review Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ insert date 60 days from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed,

and shall not postpone the effectiveness of such rule or action. 7 This action, approving source specific RACT requirements for eight sources in the Commonwealth of Pennsylvania, may not be challenged later in proceedings to enforce its requirements. ( See section 307( b)( 2).)

List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

/ s/ _________________ __________________________ Dated: June 22, 2006 William T. Wisniewski, Acting Regional Administrator, Region III. 8 40 CFR part 52 is amended as follows:

PART 52  [ AMENDED]

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

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

Subpart NN  Pennsylvania 2. In § 52.2020, the table in paragraph ( d)( 1) is amended by adding the entries for Carlisle Tire &

Rubber Company; The Carbide/ Graphite Group, Inc.; Celotex Corporation; American Railcar Industries, Inc. Shippers Car Line Division; ACF; New Holland North America, Inc.; Allsteel, Inc.;

and Ball Foster Glass Container Co. at the end of the table to read as follows:

§ 52.2020 Identification of plan.

* * * * *

( d) * * *

( 1) * * *

Name of source Permit number County State effective date EPA approval date Additional explanation/ § 52.2063 citation * * * * * * *

Carlisle Tire & Rubber Company 21 2003 Cumberland 3/ 10/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( t) 9 Name of source Permit number County State effective date EPA approval date Additional explanation/ § 52.2063 citation The Carbide/ Graphite Group, Inc. OP 24 012 Elk 5/ 12/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( t)

Celotex Corporation OP 49 0013 Northumberland 6/ 18/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( t)

American Railcar Industries, Inc. Shippers Car Line Division OP 49 0012 Northumberland 11/ 29/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( t)

ACF OP 49 0009 Northumberland 12/ 12/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( t)

New Holland North America, Inc. 36 2028 Lancaster 10/ 17/ 95 Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( t)

Allsteel, Inc. 40 0015 Luzerne 5/ 26/ 95 Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( t) 10 Name of source Permit number County State effective date EPA approval date Additional explanation/ § 52.2063 citation Ball Foster Glass Container Co. OP 42 0028 McKean 3/ 31/ 99 Insert Federal Register publication date] [ Insert page number where the document begins 52.2020( d)( 1)( t)

* * * * *


[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63368-63370]
[FR Doc No: 2012-25334]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68015; File No. SR-NASDAQ-2012-111]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Provide for Automatic Cancellation of Midpoint Peg Post-Only Orders at
Market Close

October 9, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 28, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by NASDAQ. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ proposes a rule change to provide for automatic cancellation
of Midpoint Peg Post-Only Orders at market close. The text of the
proposed rule change is available at http://nasdaq.cchwallstreet.com,
at NASDAQ's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, NASDAQ included statements
concerning the purpose of and basis for

the proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. NASDAQ has prepared summaries,
set forth in Sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    A Midpoint Peg Post-Only Order is a non-displayed order that is
priced at the midpoint between the national best bid and best offer
(``NBBO'') (as determined using the consolidated tape). However, like a
Post-Only Order, the Midpoint Peg Post-Only Order does not remove
liquidity from the System upon entry if it would lock a non-displayed
order on the NASDAQ Market Center system (the ``System''). Rather, the
Midpoint Peg Post-Only Order will post and lock the pre-existing order,
but will remain undisplayed.\3\
---------------------------------------------------------------------------

    \3\ SEC Rule 610(d) under Regulation NMS, 17 CFR 242.610(d),
restricts displayed quotations that lock protected quotations in NMS
Stocks, but does not apply to non-displayed trading interest.
---------------------------------------------------------------------------

    Midpoint Peg Post-Only Orders that post to the book and lock a pre-
existing non-displayed order will execute against an incoming order
only if the price of the incoming buy (sell) order is higher (lower)
than the price of the pre-existing order. If a Midpoint Peg Order and a
Midpoint Peg Post-Only Order are locked, and a Midpoint Peg Order is
entered on the same side of the market as the Midpoint Peg Post-Only
Order, the new order will execute against the original Midpoint Peg
Order. This is the case because the market participant entering the
Midpoint Peg Post-Only Order has expressed its intention not to execute
against posted liquidity, and therefore cedes execution priority to the
new order.
    NASDAQ believes that demand for the use of Midpoint Peg Post-Only
Orders is limited to regular market hours, since the wider spreads
generally prevailing during pre-market and post-market trading sessions
would result in execution prices more at variance from the NBBO than
would be the case during regular market hours. To this end, Midpoint
Peg Post-Only Orders are accepted only during regular market hours. The
proposed rule change clarifies this restriction by adding it to the
rule text. At present, however, a Midpoint Peg Post-Only Order that is
accepted during regular market hours but not executed and/or cancelled
during regular market hours will continue to rest on the book until it
is removed by another order, cancelled by the user or its Time-in-Force
expires. To assist market participants in managing the use of these
orders, NASDAQ is proposing to cancel all Midpoint Peg Post-Only Orders
on the NASDAQ book at 4:00 p.m. In addition, the change provides that
Midpoint Peg Post-Only Orders may execute during regular market hours
only. This change will help ensure that market participants entering
these orders are not subject to executions at prices that deviate from
the NBBO by a greater extent that [sic] would be the case during
regular market hours. Moreover, because such orders may execute during
regular market hours only, they are not eligible for participation in
the NASDAQ Opening Cross or the NASDAQ Closing Cross.
2. Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(5) of the Act,\5\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Specifically, NASDAQ
believes that the proposed change will help promote efficient market
operations by providing for automatic cancellation of resting Midpoint
Peg Post-Only Orders at 4:00 p.m. This change will assist market
participants in managing the use of these orders and help ensure that
they are not subject to executions at prices that deviate from the NBBO
by a greater extent that [sic] would be the case during regular market
hours.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Specifically,
NASDAQ does not believe that the proposed change will affect
competition in any respect.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay provided for in Rule 19b-4(f)(6)(iii).\8\ NASDAQ
believes that the proposed rule change will advance the protection of
investors by ensuring that market participants entering Midpoint Peg
Post-Only Orders will not be subject to executions at prices that
deviate from the NBBO by a greater extent than would be the case during
regular market hours. NASDAQ also believes that the proposed rule
change will thereby minimize the likelihood of executions during post-
market hours that do not reflect the intentions of market participants.
The Commission believes that minimizing the likelihood of unintended
executions after hours should benefit investors. The Commission
believes that waiver of the operative delay is consistent with investor
protection and the public interest. As a result, the Commission is
hereby waiving the 30-day operative delay.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-111 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2012-111. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2012-111, and should be submitted on or before
November 6, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25334 Filed 10-15-12; 8:45 am]
BILLING CODE 8011-01-P


 Forwarded by Dave Svendsgaard/ RTP/ USEPA/ US on 08/ 20/ 03 02: 54 PM  Dave Svendsgaard 08/ 19/ 03 01: 59 PM To: Arthur_ G._ Fraas@ omb. eop. gov, Amy_ L._ Farrell@ omb. eop. gov cc: Bill Wehrum/ DC/ USEPA/ US@ EPA, Jeff Holmstead/ DC/ USEPA/ US@ EPA , Lynn Hutchinson/ RTP/ USEPA/ US@ EPA, Racqueline Shelton/ RTP/ USEPA/ US@ EPA, Bill Harnett/ RTP/ USEPA/ US@ EPA Subject: 8/ 19 Revision of ERP Preamble and Rule Amy and Art, Attached are the revised Rule and Preamble files for the ERP. These files incorporate edits from last night's call. Also attached are versions redlined against Friday's versions. Talk with you tomorrow at 8: 30. Thanks.

dave


[Federal Register: May 6, 2010 (Volume 75, Number 87)]
[Notices]
[Page 24942-24943]
[DOCID:fr06my10-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-140-000]

Natural Gas Pipeline Company of America LLC; Notice of Request
Under Blanket Authorization

April 29, 2010.
    Take notice that on April 19, 2010, Natural Gas Pipeline Company of
America LLC (Natural), 3250 Lacey Road, Suite 700, Downers Grove,
Illinois 60515, filed in Docket No. CP10-140-000, an application
pursuant to sections 157.205 and 157.208 of the Commission's
Regulations under the Natural Gas Act (NGA) as amended, to make certain
revisions and modifications to its Calumet No. 3 pipeline in Cook and
Will Counties, Illinois, under Natural's blanket certificate issued in
Docket No. CP82-402-000,\1\ all as more fully set forth in the
application which is on file with the Commission and open to the public
for inspection.
---------------------------------------------------------------------------

    \1\ 20 FERC ] 62,415 (1982).
---------------------------------------------------------------------------

    Natural proposes replace approximately 1,200 feet of two 24-inch
diameter pipes located under the Little Calumet River with 36-inch
diameter pipe by horizontal directional drilling; remove, replace, or
modify minor appurtenant facilities at various locations along the 45
miles of the Calumet No. 3 pipeline; and install pigging facilities at
the east side of the Des Plaines River and at the 139th Street meter
station. Natural states that it would cost approximately $11,000,000 to
install the proposed facilities.
    Any questions concerning this application may be directed to Bruce
H. Newsome, Vice President, Regulatory Products and Services, Natural
Gas Pipeline Company of America LLC, 3250 Lacey Road, 7th Floor,
Downers Grove, Illinois 60515-7918, or via telephone at<PHONE_NUMBER>,
or by e-mail<EMAIL_ADDRESS>    This filing is available for review at the Commission or may be
viewed on the Commission's Web site at http://www.ferc.gov, using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for TTY,
contact<PHONE_NUMBER>. Comments, protests and interventions may be
filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request

shall be treated as an application for authorization pursuant to
Section 7 of the NGA.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-10636 Filed 5-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 29, 2008 (Volume 73, Number 41)]
[Proposed Rules]
[Page 11070-11072]
[DOCID:fr29fe08-32]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0135; Directorate Identifier 2007-NM-345-AD]
RIN 2120-AA64

Airworthiness Directives; Short Brothers Model SD3-60 Airplanes
Equipped with an Auxiliary Fuel Tank System Installed in Accordance
with Supplemental Type Certificate (STC) SA00404AT

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Short Brothers Model SD3-60 airplanes. This proposed AD
would require deactivation of auxiliary fuel tank systems installed in
accordance with Supplemental Type Certificate (STC) SA00404AT. This
proposed AD results from fuel tank system review requirements done in
accordance with Special Federal Aviation Regulation No. 88 (SFAR 88),
which identified potential unsafe conditions. We are proposing this AD
to prevent the potential of ignition sources inside fuel tanks, which,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by April 14, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Robert Bosak, Aerospace Engineer,
Propulsion and Services Branch, ACE-118A, FAA, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite
450, Atlanta, Georgia 30349; telephone<PHONE_NUMBER>; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0135;
Directorate Identifier 2007-NM-345-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(67 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC) design
approval) holders to substantiate that their fuel tank systems can
prevent ignition sources in the fuel tanks. This requirement applies to
design approval holders for large turbine-powered transport airplanes
and for subsequent modifications to those airplanes. It requires them
to perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Supplemental Type Certificate (STC) SA00404AT for Atlantic
Reconnaissance Auxiliary Fuel Tank System

    The auxiliary fuel tank system STC consists of two double-wall
aluminum auxiliary fuel tanks having electrical fuel quantity
indication systems (FQIS), flight deck control and annunciation panels,
float level switches, valves and venting systems, and electrical wire
connections and bonding methods. Atlantic Reconnaissance, the STC
holder, has not complied with the requirements of SFAR 88, paragraph 2.
The requirements of that paragraph include providing a safety review,
and providing any necessary design changes and maintenance and
inspection instructions to preclude the existence or development of an
ignition source within the fuel tank system of the airplane.

FAA's Findings

    Atlantic Reconnaissance has not provided the design or service
information required under SFAR 88 that would lead the FAA to make a
finding of compliance; therefore, we must mandate the deactivation of
all Atlantic Reconnaissance auxiliary fuel tank systems installed in
accordance with STC SA00404AT.
    If operators do not wish to deactivate their auxiliary fuel tanks,
we will consider requests for alternative methods of compliance
(AMOCs).
    Once an operator has deactivated the tank as required by this
proposed AD, the operator might wish to remove the tank. This would
require a separate design approval, if an approved tank removal
procedure does not exist.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. For this reason, we are proposing this AD,
which would require deactivation to prevent usage of the auxiliary fuel
tank system installed in accordance with STC SA00404AT.

Explanation of Compliance Time

    In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for coordinated implementation of these regulations and this proposed
AD, we are using this same compliance date in this proposed AD.

Costs of Compliance

    The following table provides the estimated costs for the 1 U.S.-
registered airplane to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                        Average labor
                Action                   Work hours     rate per hour            Parts              Fleet cost
----------------------------------------------------------------------------------------------------------------
Report...............................               1             $80  None.....................             $80
Preparation of tank deactivation                   80              80  None.....................           6,400
 procedure.
Physical tank deactivation...........              30              80  $1,200...................           3,600
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

    Short Brothers PLC: Docket No. FAA-2008-0135; Directorate
Identifier 2007-NM-345-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 14,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Short Brothers Model SD3-60 airplanes,
certificated in any category and equipped with an auxiliary fuel
tank system installed in accordance with Supplemental Type
Certificate SA00404AT.

Unsafe Condition

    (d) This AD results from fuel tank system review requirements
done in accordance with Special Federal Aviation Regulation No. 88
(SFAR 88), which were not conducted by the STC holder, for
identification of potential unsafe conditions and corrective
actions. We are issuing this AD to prevent the potential of ignition
sources inside fuel tanks, which, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of
the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Report

    (f) Within 45 days after the effective date of this AD, submit a
report to the Manager, Atlanta Aircraft Certification Office (ACO),
FAA. The report must include the information listed in paragraphs
(f)(1) and (f)(2) of this AD. Under the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and
Budget (OMB) has approved the information collection requirements
contained in this AD,

and assigned OMB Control Number 2120-0056.
    (1) The airplane registration and serial number.
    (2) The usage frequency in terms of total number of flights per
year and total number of flights per year for which the auxiliary
fuel tank system is used.

Prevent Usage of Auxiliary Fuel Tank

    (g) Before December 16, 2008, deactivate the auxiliary fuel tank
system, in accordance with a deactivation procedure approved by the
Manager of the Atlanta ACO. Any auxiliary fuel tank system component
that remains on the airplane must be secured and must have no effect
on the continued operational safety and airworthiness of the
airplane. Deactivation may not result in the need for additional
Instructions for Continued Airworthiness (ICA).

    Note 1: Appendix A of this AD provides criteria that must be
included in the deactivation procedure. The proposed deactivation
procedures should be submitted to the Atlanta ACO as soon as
possible to ensure timely review and approval, prior to
implementation.

    Note 2: For technical information, contact Robert Bosak,
Aerospace Engineer, Propulsion and Services Branch, ACE-118A, FAA,
Atlanta Aircraft Certification Office, One Crown Center, 1895
Phoenix Boulevard, Suite 460, Atlanta, Georgia 30349; telephone
(770) 703-6094; fax<PHONE_NUMBER>.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Atlanta ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Appendix A--Deactivation Criteria

    The auxiliary fuel tank system deactivation procedure required
by paragraph (g) of this AD must address the following actions.
    (1) Permanently drain the auxiliary fuel tank system tanks, and
clear them of fuel vapors to eliminate the possibility of out-
gassing of fuel vapors from the emptied auxiliary tank.
    (2) Disconnect all auxiliary fuel tank system electrical
connections from the fuel quantity indication system (FQIS), float,
pressure and transfer valves and switches, and all other electrical
connections required for auxiliary fuel tank system operation, and
stow them at the auxiliary fuel tank interface.
    (3) Disconnect all auxiliary fuel tank system fuel supply and
fuel vent plumbing interfaces with airplane original equipment
manufacturer (OEM) fuel tanks, cap them at the airplane tank side,
and secure them. All disconnected auxiliary fuel tank system vent
systems must not alter the OEM fuel tank vent system configuration
or performance. All empty auxiliary fuel tank system tanks must be
vented to eliminate the possibility of structural deformation during
cabin decompression. The configuration must not permit the
introduction of fuel vapor into any compartments of the airplane.
    (4) Pull and collar all circuit breakers used to operate the
auxiliary fuel tank system.
    (5) Revise the weight and balance document, if required, and
obtain FAA approval for any changes to the weight and balance
document.
    (6) Amend the applicable sections of the applicable Airplane
Flight Manual (AFM) to indicate that the auxiliary fuel tank system
is deactivated. Remove auxiliary fuel tank system operating
procedures to ensure that only the OEM fuel system operational
procedures are contained in the AFM. Amend the Limitations Section
of the AFM to indicate that the AFM Supplement for the STC is not in
effect. Place a placard in the flight deck indicating that the
auxiliary fuel tank system is deactivated. The AFM revisions
specified in this paragraph may be accomplished by inserting a copy
of this AD into the AFM.
    (7) Amend the applicable sections of the applicable airplane
maintenance manual to remove auxiliary fuel tank system maintenance
procedures.
    (8) After the auxiliary fuel tank system is deactivated,
accomplish procedures such as leak checks, pressure checks, and
functional checks deemed necessary before returning the airplane to
service. These procedures must include verification that the basic
airplane OEM FQIS, fuel distribution, and fuel venting systems
function properly and have not been adversely affected by
deactivation of the auxiliary fuel tank system.
    (9) Include with the proposed deactivation procedures any
relevant information or additional steps that are deemed necessary
by the operator to comply with the deactivation of the auxiliary
fuel tank system and return of the airplane to service.

    Issued in Renton, Washington, on February 21, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-3825 Filed 2-28-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: March 28, 2006 (Volume 71, Number 59)]
[Notices]
[Page 15410-15411]
[DOCID:fr28mr06-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-2595, et al.]

Notice of Commission Staff Attendance at Midwest ISO Advisory
Committee and Annual Stakeholder Meetings

March 21, 2006.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the following Midwest Independent
Transmission System Operator, Inc. (Midwest ISO) Advisory Committee and
Annual Stakeholder Meetings:
     Midwest ISO Advisory Committee Meeting--April 12, 2006, 10
a.m.-11 a.m. (EST)
    Lakeside Conference Center, 630 West Carmel Drive, Carmel, IN
46032.
     Midwest ISO Annual Stakeholder Meeting--April 19, 2006, 10
a.m.-4 p.m. (EST)
    Marriott Indianapolis North, 3645 River Crossing parkway,
Indianapolis, IN 46240.<PHONE_NUMBER>.
    For further information regarding the times and agendas of
meetings, please see http://www.midwestiso.org/calendar/index.php or

http://www.midwestmarket.org.home.

    The discussions at each of the meetings described above may address
matters at issue in the following proceedings:

Docket No. ER02-2595, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER04-375, Midwest Independent Transmission System Operator,
Inc., et al.

Docket No. ER04-458, et al., Midwest Independent Transmission System
Operator, Inc.
Docket Nos. ER04-691, EL04-104 and ER04-106, et al., Midwest
Independent Transmission System Operator, Inc., et al.
Docket No. ER05-6, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER05-752, Midwest Independent Transmission System Operator,
Inc. and PJM Interconnection, L.L.C.
Docket No. ER05-1083, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER05-1085, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER05-1138, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1201, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1230, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL05-103, Northern Indiana Power Service Co. v. Midwest
Independent Transmission System Operator, Inc. and PJM Interconnection,
L.L.C.
Docket No. EL05-128, Quest Energy, L.L.C. v. Midwest Independent
Transmission System Operator, Inc.
Docket No. ER06-18, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-27, Midwest Independent Transmission System Operator,
Inc., et al.
Docket Nos. EC06-4 and ER06-20, LGE Energy LLC, et al.
Docket No. ER06-360, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER06-356, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-532, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL06-31, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. EL06-49, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. ER06-56, Midwest Independent Transmission System Operator,
Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Markets and Reliability, Federal Energy Regulatory Commission at (317)
249-5937 or<EMAIL_ADDRESS>or Christopher Miller, Office of
Energy Markets and Reliability, Federal Energy Regulatory Commission at
(317) 249-5936 or<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E6-4461 Filed 3-27-06; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days, please and thank you


[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26358-26359]
[FR Doc No: 2012-10706]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0028]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated February 16, 2012, CSX Transportation, Inc. (CSX) has petitioned
the Federal Railroad Administration (FRA) for a waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR part 236. FRA assigned the petition to Docket
Number FRA-2010-0028.
    Pursuant to the requirements of 49 CFR Section 236.1035, Field
testing requirements, CSX has submitted the Interoperable Electronic
Train Management System[supreg] (I-ETMS) Positive Train Control (PTC)
Test Waiver Request, Version 1.0, dated February 16, 2012, along with
associated required documents for request of relief from select parts
of Subparts A-G. In conjunction with those requests, CSX test waiver
includes requests for relief from regulations other than that contained
in Subparts A-G.
    I-ETMS is a vital overlay system as defined in 49 CFR part 236,
subpart I, Section 236.1015(e)(2) and fully described in the CSX I-ETMS
PTC Development Plan found in Appendix A, and for which FRA Type
Approval, FRA-TA-2011-02, was issued on August 26, 2011.
    The I-ETMS system is designed to support different railroads and
their individual methods of operation, and is intended to be
implementable across a broad spectrum of railroads without significant
modification. This design approach supports interoperability across
railroads, as I-ETMS equipped locomotives apply consistent warning and
enforcement functionality regardless of trackage ownership.
    CSX seeks a waiver of compliance from certain parts of 49 CFR
(Parts 216, Special Notice and Emergency Order Procedures: Railroad
Track, Locomotive and Equipment; Part 217, Railroad Operating Rules;
Part 218, Railroad Operating Practices; Part 229, Railroad Locomotive
Safety Standards; Part 233, Signal Systems Reporting Requirements; Part
235, Instructions Governing Applications for Approval of a
Discontinuance or Material Modification of a Signal System or Relief
from the Requirements of Part 236; and Part 240, Qualification and
Certification of Locomotive Engineers), under Section 211.51 (Tests),
to allow them to test I-ETMS on nonrevenue trains on the Aberdeen
Subdivision (between Raleigh and Hamlet, NC) from Southern Junction
(Milepost (MP) South 156.8) to Marston (MP South 241.6), and on the
Wilmington Subdivision (between Hamlet and Wilmington, NC) from NE East
Junction (MP Southeast 254.1) to end of main track (MP Southeast
354.0).
    The following sections include the waiver request and
justification:
     Section 216.13, Special notice for repairs--locomotive. A
waiver is requested for I-ETMS-equipped locomotives to the extent that
non-operation of I-ETMS equipment installed on board, whether through
malfunction or deactivation, shall not be construed as an unsafe
condition requiring special notice for repairs. A waiver is also sought
for non-I-ETMS-equipped locomotives operating in I-ETMS territory to
the extent that the absence of I-ETMS equipment on board shall not be
construed as an unsafe condition requiring special notice for repairs.
    Justification: With or without I-ETMS equipment operating on board
the controlling locomotive, a train remains subject to existing
operating rules. I-ETMS tests require flexibility in installing,
removing, turning on, and turning off the equipment.
     Section 217.9, Program of operational tests and
inspections--recordkeeping. A waiver is requested exempting operation
of I-ETMS equipment and procedures from the requirements for
operational tests and inspections, and associated recordkeeping.
    Justification: During the I-ETMS test phase, procedures for using
I-ETMS equipment and functions will be refined and modified. Until such
procedures are defined in the PTC Safety Plan (PTCSP) and associated
documentation, they cannot be addressed in CSX Operating Rules. I-ETMS
is expected to have minimal impact on existing operating rules due to
its nature of overlay to existing methods of operation.
     Section 217.11, Program of instruction on operating rules;
recordkeeping; electronic recordkeeping. A waiver is requested
exempting I-ETMS testing and its equipment and procedures from the
requirements for instruction and recordkeeping.
    Justification: During the I-ETMS test phase, procedures for using
I-ETMS equipment and functions will be refined and modified. Until such
procedures are defined in the PTCSP and associated documentation, they
cannot be addressed in CSX Operating Rules. I-ETMS is expected to have
minimal impact on existing operating rules due to its nature of overlay
to existing methods of operation.
     Part 218, Subpart D--Prohibition Against Tampering With
Safety Devices. A waiver is requested exempting onboard I-ETMS
equipment from the requirements of Sections 218.51, 218.53, 218.55,
218.57, 218.59, and 218.61 to the extent that I-ETMS equipment on board
a locomotive shall not be considered a ``safety device'' subject to the
provisions of this subpart at any time during the test and
demonstration phase.
    Justification: I-ETMS tests and demonstrations require flexibility
in

installing, removing, turning on, and turning off the onboard
equipment.
     Section 229.7, Prohibited acts. A waiver is requested for
both I-ETMS-equipped and non-I-ETMS-equipped locomotives operating in
the I-ETMS test territory during the test period.
    Justification: Non-operation of I-ETMS equipment installed on board
a locomotive, whether through malfunction or deactivation, shall not be
construed as an unsafe condition subject to this section. Additionally,
in the absence of I-ETMS equipment on board, non-I-ETMS-equipped
locomotives operating in I-ETMS territory shall not be construed as an
unsafe condition subject to this regulation. The I-ETMS test program
requires flexibility in installing, removing, turning on, and turning
off the onboard equipment. Whether I-ETMS equipment on board a
locomotive is functioning, the train remains subject to the safety
provisions of the existing method of operation.
     Section 229.135, Event recorders. A waiver is requested to
the extent that I-ETMS equipment on board a locomotive shall not be
considered an ``event recorder,'' subject to the provisions of this
section, during the test phase.
    Justification: I-ETMS equipment by design will operate
intermittently during the test phase. The data accumulated by the
onboard I-ETMS equipment will be used to develop and refine I-ETMS
functions. Such data can be expected to contain anomalies that do not
reflect true operating conditions but, by analysis, will contribute to
achieving necessary objectives in the I-ETMS design.
     Section 233.9, Annual reports. A waiver is requested
exempting I-ETMS operations in the test phase from the reporting
requirements of this section.
    Justification: CSX recognizes that a revenue service I-ETMS system
is subject to the provisions of this section; however, imposition of
these requirements during the test and demonstration phase would be an
unnecessary paperwork burden. PTC testing should not affect the final
inventory of the CSX signal system, which will be included in the
Signal System Five-Year Report.
     Section 235.5, Changes requiring filing of application. A
waiver is requested exempting I-ETMS from the requirements of this
section during the test phase.
    Justification: I-ETMS tests require flexibility in installing,
removing, modifying, turning on, and turning off the I-ETMS equipment.
     Section 240.127, Criteria for examining skill performance.
A waiver is requested exempting I-ETMS from the testing requirements
for qualification and certification of locomotive engineers during the
test phase.
    Justification: Criteria and procedures for engineer performance
evaluation as related to I-ETMS do not yet exist; they will be
identified and defined during the I-ETMS test phase and included in the
PTCSP.
     Section 240.129, Criteria for monitoring operational
performance of certified engineers. A waiver is requested exempting I-
ETMS from the performance monitoring procedures during the I-ETMS test
phase.
    Justification: Criteria and procedures for I-ETMS monitoring the
performance of engineers using I-ETMS do not yet exist; they will be
identified and defined during the I-ETMS test phase and included in the
PTCSP.
    In addition, CSX is requesting a waiver of compliance from certain
sections of 49 CFR Part 236 (Rules, Standards, and Instructions
Governing the Installation, Inspection, Maintenance, and Repair of
Signal and Train Control Systems, Devices, and Appliances) for
information only, and on which FRA is not receiving comments. Those
sections are: 236.11, Adjustment, repair, or replacement of component;
236.15, Timetable instructions; 236.23, Aspects and indications;
236.76, Tagging of wires and interference of wires or tags with signal
apparatus; 236.101, Purpose of inspection and tests; removal from
service of relay or device failing to meet test requirements; 236.109,
Time releases, timing relays and timing devices; 236.110, Results of
tests; 236.501, Forestalling device and speed control; 236.552,
Insulation resistance; requirement; 236.566, Locomotive of each train
operating in train stop, train control or cab signal territory;
equipped; 236.567, Restrictions imposed when device fails and/or is cut
out en route; 236.586, Daily or after trip test; 236.587, Departure
test; and 236.588, Periodic test.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 18, 2012 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 26, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-10706 Filed 5-2-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50267-50269]
[FR Doc No: 2022-17570]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0422; FRL-9838-02-R7]

Air Plan Approval; Missouri; Construction Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Missouri State Implementation Plan
(SIP) received on June 10, 2021. The submission revises Missouri's
regulation on construction permit exemptions. These revisions update
incorporations by reference, remove unnecessary words, and make minor
clarifications and grammatical changes. These revisions do not impact
the stringency of the SIP or have an adverse effect on air quality. The
EPA's approval of this rule revision is being done in accordance with
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 15, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0422. All documents in the docket are
listed on the https://www.regulations.gov web site. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Responses to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving revisions to the Missouri SIP received on June
10, 2021. The revisions are to Title 10, Division 10 of the Code of
State Regulations (CSR), 10 CSR 10-6.061 ``Construction Permit
Exemptions''. The purpose of the state regulation is to list specific
construction or modification projects that are exempt from the
requirement to obtain permits to construct under 10 CSR 10-6.060.
Missouri made several revisions to the rule. These revisions to the
rule update incorporations by references, remove unnecessary words, and
make minor clarifications and grammatical changes. As explained in
detail in the EPA's proposed rule, EPA finds these revisions meet the
requirements of the Clean Air Act, do not impact the stringency of the
SIP, and do not adversely impact air quality. 87 FR 31966 (May 26,
2022) The full text of the rule revisions as well as EPA's analysis of
the revisions are contained in the technical support document (TSD)
included in the docket for this action.

II. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided

public notice on this SIP revision from January 2, 2020, to April 2,
2020, and held a public hearing on March 26, 2020. Missouri received
six comments from three sources during the comment period on 10 CSR 10-
6.061. The EPA provided four comments. Missouri responded to all
comments and revised the rule based on public comment prior to
submitting to EPA, as noted in the State submission included in the
docket for this action.
    In addition, as explained in the proposed rule and in more detail
in the technical support document (TSD) which is part of this docket,
the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.

III. The EPA's Response to Comment

    The public comment period on the EPA's proposed rule opened May 26,
2022, the date of its publication in the Federal Register and closed on
June 27, 2022. During this period, the EPA received one comment from an
anonymous commenter. The comment and the EPA's response are below.
    Comment: The commenter stated their recommendation is to not permit
exemptions as there is too much development and it is time to contract.
    EPA's Response: The revision to the Missouri SIP that EPA is
approving in this action pertains to construction permitting
requirements for minor sources under the New Source Review (NSR)
program. For these sources, EPA regulations provide states with
discretion to determine which facilities must be subject to permitting
requirements to prevent their construction or modification from
interfering with attainment and maintenance of National Ambient Air
Quality Standards (NAAQS).\1\ Thus, states may exempt construction or
modification projects producing emissions below a certain emission
threshold, as Missouri does in 10 CSR 10-6.061, if the state determines
such projects need not be regulated to protect the NAAQS. In an earlier
rulemaking action, EPA determined that the exemptions in Missouri's
rule are consistent with the federal rule for minor NSR programs.
---------------------------------------------------------------------------

    \1\ See 40 CFR 51.160.
---------------------------------------------------------------------------

    In 2006, EPA approved Missouri's state rule 10 CSR 10-6.061 which
moved previously SIP-approved exemptions from 10 CSR 10-6.060 into this
new state rule to increase clarity. (71 FR 38997). The revisions to
Missouri's construction permit exemptions rule that EPA proposed to
approve as part of this action are administrative in nature and do not
expand the scope of any existing and already SIP-approved exemptions.
Revisions of this nature do not reopen the question of whether the
previously-approved exemptions should be included. Further, the
commenter has not provided information to show how any exempted
construction could threaten attainment of the NAAQS. Therefore, the EPA
is finalizing the action as proposed.

IV. What action is the EPA taking?

    The EPA is amending the Missouri SIP by approving the State's
request to revise 10 CSR 10-6.061 ``Construction Permit Exemptions.''

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Missouri rule 10 CSR 10-6.061 as described in Section I of this
preamble and set forth below in the amendments to 40 CFR part 52. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 7 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
     In addition, the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
     This action is subject to the Congressional Review Act,
and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
     Under section 307(b)(1) of the CAA, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by October 17, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference,

Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: August 9, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.061'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        Missouri  citation                Title            effective     EPA approval date       Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.061.........................  Construction Permit       9/30/2020  8/16/2022, [Insert   Sections (3)(A)2.D.
                                    Exemptions.                          Federal Register     and
                                                                         citation].           (3)(A)2.E.(II)(c)
                                                                                are not SIP-
                                                                                approved.

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

* * * * *
[FR Doc. 2022-17570 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P