[Federal Register: July 24, 2008 (Volume 73, Number 143)]
[Notices]
[Page 43250-43251]
[DOCID:fr24jy08-79]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0009]

National Disaster Housing Strategy

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on the National Disaster Housing Strategy (NDHS). The NDHS is
intended to serve two purposes. It describes how we as a Nation
currently provide housing to those affected by disasters, and charts
the new direction that our disaster housing efforts must take if we are
to better meet the emergent needs of disaster victims and communities.

DATES: Comments must be received by September 22, 2008.

ADDRESSES: The NDHS is available online at http://www.regulations.gov.
You may also view a hard copy of the NDHS at the Office of Chief
Counsel, Federal Emergency Management Agency, Room 835, 500 C Street,
SW., Washington, DC 20472. You may submit comments on the NDHS,
identified by Docket ID FEMA-2008-0009, by one of the following
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2008-0009 in
the subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail/Hand Delivery/Courier: Regulation & Policy Team, Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
Street, SW., Washington, DC 20472.
    Instructions: All Submissions received must include the agency name
and Docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read

the Privacy Act notice that is available on the Privacy and Use Notice
link on the Administration Navigation Bar of http://
www.regulations.gov. Due to the large number of comments expected, FEMA
urges commenters to use the form provided in the docket when submitting
their comments. To comment using the form provided, please open the
form in Word, enter your comments to the form and save it as a new file
on your computer. When submitting your comment on http://
www.regulations.gov, below the box provided for written comments is a
link for ``Attachments''. Browse for the file saved to your computer
then upload the form.
    Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://
www.regulations.gov. Submitted comments may also be inspected at FEMA,
Office of Chief Counsel, Room 835, 500 C Street, SW., Washington, DC
20472.

FOR FURTHER INFORMATION CONTACT: Laura McClure, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472, 202-646-
4389.

SUPPLEMENTARY INFORMATION: The National Disaster Housing Strategy
(NDHS), serves as a guide to how the Nation currently provides housing
after a disaster, and sets a course for improving the methods in which
we can provide housing to meet the emergent needs of disaster victims
and communities. As requested by Congress in Section 683 of the Post-
Katrina Emergency Management Reform Act of 2006, Public Law 109-295,
the NDHS is intended to begin a long-term effort to build on current
strengths and encourage all involved to work collaboratively and seek
innovative housing solutions. It intends to establish a strong
foundation based on clear roles and responsibilities, key principles to
guide national efforts, a joint planning process to build baseline
capabilities, and additional resources to better prepare for an
impending or emergent event.
    The NDHS promotes a national housing effort that engages all levels
of government and the private sector to collectively meet the urgent
housing needs of disaster victims and to enable individuals, households
and communities to rebuild and restore their way of life following a
disaster. A key concept introduced in the NDHS is the National Disaster
Housing Task Force to bring together experts and policymakers whose
efforts would be dedicated exclusively to the disaster housing issue.
The NDHS draws on best practices and lessons learned over the years to
identify actions that can be taken to improve disaster housing
assistance. This effort began with realigning roles and
responsibilities, renewing our focus on planning, building baseline
capabilities, and providing a broader range of flexible disaster
housing options. The NDHS outlines a vision, supported by specific
goals, that will point the Nation in a new direction to meet the
disaster housing needs of individuals and communities going forward.
FEMA solicits comments on the draft NDHS which is available in Docket
ID FEMA-2008-0009 at http://www.regulations.gov.
    Although it is not currently open for comment, FEMA has also
provided a copy of the 2008 Disaster Housing Plan (Housing Plan) in the
docket to aid the public in its review of the NDHS. The Housing Plan
describes FEMA's approach to working with Federal partners, States,
territories, local communities, and individual disaster victims to meet
disaster housing needs during the 2008 hurricane season. Key concepts
in the Housing Plan are further defined in the NDHS.

    Authority: 42 U.S.C. 5121-5207; 6 U.S.C. 772.

    Dated: July 18, 2008.
Harvey E. Johnson, Jr.,
Deputy Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-17004 Filed 7-23-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Rules and Regulations]
[Pages 11795-11797]
[FR Doc No: 2017-03362]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9053; Directorate Identifier 2016-NM-075-AD;
Amendment 39-18808; AD 2017-04-13]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 747-8 and 747-8F series airplanes. This AD was
prompted by reports of damaged vapor seals, block seals, and heat
shield seals on the outboard pylons between the engine strut and aft
fairing. This AD requires repetitive inspections for heat damage of the
vapor seals between the engine strut and aft fairing, and replacement
of the seals with new seals if necessary. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective April 3, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 3,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-9053.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9053; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tung Tran, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6505; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 747-8 and 747-8F series airplanes. The NPRM published in the
Federal Register on August 30, 2016 (81 FR 59544). The NPRM was
prompted by reports of damaged vapor seals, block seals, and heat
shield seals on the outboard pylons between the engine strut and aft
fairing. The NPRM proposed to require repetitive inspections for heat
damage of the vapor seals between the engine strut and aft fairing, and
replacement of the seals with new seals if necessary. We are issuing
this AD to detect and correct heat damage to the vapor seals between
the engine strut and aft fairing. Such damage could allow flammable
fluid leakage out of the aft fairing, which could result in an
uncontrolled fire in the engine strut.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response to the comment.

Request To Clarify the Unsafe Condition

    Boeing asked that we change the unsafe condition in the SUMMARY and
Discussion sections and in paragraph (e) of the proposed AD from ``Such
damage could allow flammable fluid leakage into the aft fairing . . .''
to ``Such damage could allow flammable fluid leakage out of the aft
fairing . . .'' Boeing stated that the aft fairing is a flammable
leakage zone, and escaping fluid passing the vapor seal is leaving the
aft fairing.
    We agree with the commenter for the reason provided. However, the
unsafe condition is not carried over into the SUMMARY section of this
final rule. We have changed the unsafe condition in the Discussion
section and paragraph (e) of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD with the change described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-54A2246, dated
February 5, 2016. The service information describes procedures for
repetitive inspections for heat damage of the vapor seals between the
engine strut and aft fairing, and replacement of the seals with new
seals. This service information 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.

Costs of Compliance

    We estimate that this AD affects 10 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Vapor seal inspections.........  4 work-hours x $85 per               $0  $340 per            $3,400 per
                                  hour = $340 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Seal replacement...........................  132 work-hours x $85 per hour =                  $0         $11,220
                                              $11,220.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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):

2017-04-13 The Boeing Company: Amendment 39-18808; Docket No.

FAA-2016-9053; Directorate Identifier 2016-NM-075-AD.

(a) Effective Date

    This AD is effective April 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-8 and 747-8F
series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Unsafe Condition

    This AD was prompted by reports of damaged vapor seals, block
seals, and heat shield seals on the outboard pylons between the
engine strut and aft fairing. We are issuing this AD to detect and
correct heat damage to the vapor seals between the engine strut and
aft fairing. Such damage could allow flammable fluid leakage out of
the aft fairing, which could result in an uncontrolled fire in the
engine strut.

(f) Compliance

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

(g) Repetitive Inspections

    At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Do a detailed inspection for heat damage of the
vapor seals on the outboard pylons between the strut and aft fairing
of the numbers 1 and 4 engines, in accordance with Part 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
54A2246, dated February 5, 2016. Repeat the inspection thereafter at
intervals not to exceed 1,200 flight cycles.
    (1) Before the accumulation of 1,800 total flight cycles, or
within 1,800 flight cycles after the most recent vapor seal, block
seal, and heat shield seal replacement, whichever is later.
    (2) Within 6 months after the effective date of this AD.

(h) Replacement

    If during any inspection required by paragraph (g) of this AD
any heat damage of any vapor seal is found: Before further flight,
replace the vapor seal, heat shield seal, and block seal with new
seals, in accordance with Part 3 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 747-54A2246, dated February 5,
2016. Repeat the inspection required by paragraph (g) of this AD
within 1,800 flight cycles after doing the replacement, and
thereafter at intervals not to exceed 1,200 flight cycles.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(4)(i) and (i)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact Tung Tran, Aerospace
Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind
Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax: 425-
917-6590; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-54A2246, dated February 5,
2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 10, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-03362 Filed 2-24-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24549-24552]
[FR Doc No: 2017-10915]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 204-3120; FRL-9959-24-Region 3]

Air Plan Approval; Maryland; Update to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Maryland
state implementation plan (SIP). The regulations affected by this
update have been previously submitted by the Maryland Department of the
Environment (MDE) and approved by EPA. This update affects the SIP
materials that are available for public inspection at the National
Archives and Records Administration (NARA) and the EPA Regional Office.

DATES: This action is effective May 30, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or NARA. For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997 Federal Register
document. On November 29, 2004 (69 FR 69304), EPA published a document
in the Federal Register beginning the new IBR procedure for Maryland.
On February 2, 2006 (71 FR 5607), May 18, 2007 (72 FR 27957), March 11,
2008 (73 FR 12895), March 19, 2009 (74 FR 11647), and August 22, 2011
(76 FR 52278), EPA published updates to the IBR material for Maryland.
    Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the following regulations, statutes,
and source-specific actions for Maryland:

A. Added

    1. COMAR <IP_ADDRESS> (Requirements to Burn Used Oil and Waste
Combustible Fluid as Fuel).
    2. COMAR <IP_ADDRESS> (Standards for Biomass Fuel-Burning Equipment
Equal to or Greater Than 350,000 Btu/hr).
    3. COMAR <IP_ADDRESS> through .09 (Requirements for New Sources and
Modifications).
    4. COMAR <IP_ADDRESS>-2 (Plastic Parts and Business Machines
Coating).
    5. COMAR <IP_ADDRESS>-1 (Control of Volatile Organic Compounds from
Pleasure Craft Coating Operations).
    6. COMAR <IP_ADDRESS>, <IP_ADDRESS> through .09 (Conformity).
    7. COMAR <IP_ADDRESS> through .14 (Low Emissions Vehicle Program).
    8. COMAR <IP_ADDRESS> through .07 (Volatile Organic Compounds from
Adhesives and Sealants).
    9. COMAR <IP_ADDRESS> (part), .02 (part), and .06 (Applications
Concerning the Construction or Modification of Generating Stations and
Overhead Transmission Lines--General).
    10. COMAR <IP_ADDRESS> through <IP_ADDRESS> (Applications Concerning
the Construction or Modification of Generating Stations and Overhead
Transmission Lines--Administrative Provisions).
    11. COMAR <IP_ADDRESS> and <IP_ADDRESS> (part) (Applications
Concerning the Construction or Modification of Generating Stations and
Overhead Transmission Lines--Details of Filing Requirements--Generating
Stations).
    12. Public Utility Companies Article of the Annotated Code of
Maryland, sections 7-205, 7-207 (part), 7-207.1 (part), and 7-208.
    13. Annotated Code of Maryland, title 15 (Public Ethics) which was
also removed and replaced (see section C of this rulemaking).
    14. Annotated Code of Maryland, section 5-101 (a),(e),(f), (g)(1)
and (2), (h), (i), (j), (m), (n), (p), (s), (t), (bb), (ff), (gg), (ll)
(Definitions), section 5-103(a) through (c) (Designation of Individuals
as Public Officials, section 5-208(a) (Determination of Public Official
in Executive agency), section 5-501(a) and (c) (Restrictions on
Participation), section 5-601(a) (Individuals Required to File
Statement), section 5-602(a) (Financial Disclosure Statement--Filing
Requirements), section 5-606(a) (Public Records), section 5-607(a)
through (j) (Content of statements), and section 5-608(a) through (c)
(Interests Attributable to Individual Filing Statement).
    15. In 40 CFR 52.1070(d), a source specific requirement was added
for the GenOn Chalk Point Generating Station--2011 Consent Decree for
Chalk Point.

B. Revised

    1. COMAR <IP_ADDRESS> (Definitions).
    2. COMAR <IP_ADDRESS> (Testing and Monitoring).
    3. COMAR <IP_ADDRESS> (Definitions), .09 (Sources Subject to Permits
to Construct), .10 (Sources Exempt from Permits to Construct and
Approvals),

and .12 (Procedures for Obtaining Approvals of PSD Sources and NSR
Sources, Permits to Construct, Permit to Construct MACT Determinations
On a Case-by-Case Basis in Accordance with 40 CFR part 63, subpart B,
and Certain 100-Ton Sources).
    4. COMAR <IP_ADDRESS> (Ambient Air Quality Standards, Definitions,
Reference Conditions, and Methods of Measurement).
    5. COMAR <IP_ADDRESS> (Control of PSD Sources).
    6. COMAR <IP_ADDRESS> (Definitions), .04 (Prohibition of Certain New
Fuel Burning Equipment), .06 (Control of Particulate Matter), .07
(Control of Sulfur Oxides from Fuel Burning Equipment), and .09 (Tables
and Diagrams).
    7. COMAR <IP_ADDRESS> (Visible Emissions).
    8. COMAR <IP_ADDRESS> (Loading Operations) and .05 (Gasoline Leaks
from Tank Trucks).
    9. COMAR <IP_ADDRESS> (Definitions), .02 (Applicability), .03
(General Conditions), .04 (Creating Emission Reduction Credits (ERCs)),
.05 (Information on Emission Reductions and Certification).
    10. The following regulations in COMAR 26.11.19 (Volatile Organic
Compounds from Specific Processes):
    a. COMAR <IP_ADDRESS> (Applicability, Determining Compliance,
Reporting, and General Requirements).
    b. COMAR <IP_ADDRESS> (Paper, Fabric, Film, and Foil Coating).
    c. COMAR <IP_ADDRESS> (Metal Parts and Products Coating).
    d. COMAR <IP_ADDRESS> (Lithographic and Letterpress Printing).
    e. COMAR <IP_ADDRESS> (Drum and Pail Coating).
    f. COMAR <IP_ADDRESS> (Paint, Resin, and Adhesive Manufacturing and
Adhesive and Sealant Applications).
    g. COMAR <IP_ADDRESS> (Control of VOC Emissions from Vehicle
Refinishing).
    h. COMAR <IP_ADDRESS> (Control of Volatile Organic Compounds from
Chemical Production and Flouropolymer Material Installations).
    11. COMAR <IP_ADDRESS> (Purpose), .02 (Definitions) and .03
(Transportation Conformity).
    12. COMAR <IP_ADDRESS> (Purpose), .02 (Incorporation by Reference),
.03 (Applicability and Exemptions, .04 (Definitions), .05 (Emission
Requirements), .06 (Fleet Average NMOG Credit Account Balances), .07
(Initial NMOG Credit Account Balances), .08 (Fleet Average Greenhouse
Gas Requirements), .09 (Zero Emission Vehicle (ZEV) Requirements), .10
(Initial ZEV Credit Account Balances), .11 (Vehicle Testing), .12
(Warranty), .13 (Manufacturer Compliance Demonstration), and .14
(Enforcement).

C. Removed

    1. COMAR <IP_ADDRESS> through .09 (State Ambient Air Quality
Standards).
    2. Annotated Code of Maryland, title 15 (Public Ethics).
    3. Consent orders and/or consent decrees for Potomac Electric Power
Company (PEPCO)--Chalk Point Units #1 and #2, Beall Junior/Senior High
School, Mt. Saint Mary's College, and Maryland Slag Co.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as
of July 1, 2016 and revising the text within 40 CFR 52.1070(b).
    EPA is revising our 40 CFR part 52 ``Identification of Plan'' for
the State of Maryland regarding incorporation by reference, Sec.
52.1070(b). EPA is revising Sec.  52.1070(b)(1) to clarify that all SIP
revisions listed in paragraphs (c) and (d), regardless of inclusion in
the most recent ``update to the SIP compilation,'' are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking in which EPA approved the SIP revision,
consistent with following our ``Approval and Promulgations of Air
Quality Implementation Plans; Revised Format of 40 CFR part 52 for
Materials Being Incorporated by Reference,'' effective May 22, 1997 (62
FR 27968). EPA is revising Sec.  52.1070(b)(2) to clarify references to
other portions of paragraph (b) with paragraph (b)(2). EPA is revising
paragraph (b)(3) to update address and contact information.
    In the table for 40 CFR 52.1070(c):
    1. Revising the Federal Register date for COMAR <IP_ADDRESS>.
    2. Adding a Federal Register entry for COMAR <IP_ADDRESS>-1 which is
currently not shown in the Code of Federal Regulations but was
previously approved by EPA on February 22, 2011 at 76 FR 9656.
    3. Revising the title of the State Government Article of the
Annotated Code of Maryland to read, ``General Provisions Article of the
Annotated Code of Maryland (formerly cited at Section 15 of State
Government Article).''
    In the table for 40 CFR 52.1070(d):
    1. Restoring an entry for PEPCO--Dickerson which was inadvertently
removed from the table during a prior final rulemaking action.
    2. Revising an incorrect Federal Register page citation in the
``EPA approval date'' column for the Northeast Maryland Waste Disposal
Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of
Baltimore and BEDCO Development Corp.
    3. Reorganizing the table so that the entries appear in the order
which EPA's approval actions occurred.

III. Good Cause Exemption

    EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations and incorrect table
entries.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of previously
EPA approved regulations promulgated by the State of Maryland and
federally effective prior to July 1, 2016. Therefore, these materials
have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).
---------------------------------------------------------------------------

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

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

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Maryland SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Maryland.

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: January 18, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart V--Maryland

0
2. Section 52.1070 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph (c):
0
i. Revising the entry for COMAR <IP_ADDRESS>;
0
ii. Adding an entry in numerical order for COMAR <IP_ADDRESS>-1; and
0
iii. Removing the heading ``State Government Article of the Annotated
Code of Maryland'' and adding in its place the heading ``General
Provisions Article of the Annotated Code of Maryland (formerly cited at
Section 15 of State Government Article)''.
0
c. In paragraph (d):
0
i. Adding an entry for Potomac Electric Power Company (PEPCO)--
Dickerson as the first entry of the table;
0
ii. Revising the entry for the Northeast Maryland Waste Disposal
Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of
Baltimore and BEDCO Development Corp; and
0
iii. Removing the entry for GenOn Chalk Point Generating Station from
the beginning of the table and adding an entry for GenOn Chalk Point
Generating Station to the end of the table.
    The revisions and additions read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
2016, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after July 1, 2016 for the State of Maryland, have been
approved by EPA for inclusion in the state implementation plan and for
incorporation by reference into the plan as it is contained in this
section, and will be considered by the Director of the Federal Register
for approval in the next update to the SIP compilation.
    (2) EPA Region III certifies that the following materials provided
by EPA at the addresses in paragraph (b)(3) of this section are an
exact duplicate of the officially promulgated state rules/regulations
which have been approved as part of the state implementation plan as of
the dates referenced in paragraph (b)(1) of this section.
    (3) Copies of the materials incorporated by reference into the
state implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at<PHONE_NUMBER>. You may also inspect the material with an EPA
approval date prior to July 1, 2016 for the State of Maryland at the
National

Archives and Records Administration (NARA). For information on the
availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
 Code of Maryland  Administrative                            State                               explanation/
   Regulations (COMAR) citation       Title/subject     effective date   EPA approval date   citation  at 40 CFR
                                                                                52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>......................  Visible Emissions..         6/29/09  7/27/12, 77 FR       Revised paragraphs
                                                                         44146.               A. and D. of
                                                                                <IP_ADDRESS> for
                                                                                Sintering Plants.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>-1....................  Control of VOC              4/19/10  2/22/11, 76 FR 9656  New Regulation.
                                    Emissions from
                                    Industrial Solvent
                                    Cleaning
                                    Operations Other
                                    Than Cold and
                                    Vapor Degreasing..

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

    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                       State effective                            Additional
         Name of source            Permit number/type        date        EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
Potomac Electric Power Company    #49352 Amended              7/26/78   12/6/79, 44 FR       52.1100(c)(25).
 (PEPCO)--Dickerson.               Consent Order.                        70141.

                                                  * * * * * * *
Northeast Maryland Waste          Secretarial Order..         2/25/83   8/24/83, 48 FR       52.1100(c)(70)
 Disposal Authority and                                                  38465.               (Shutdown of
 Wheelabrator-Frye, Inc. and the                                                              landfill for
 Mayor and City Council of                                                                    offsets).
 Baltimore and BEDCO Development
 Corp.

                                                  * * * * * * *
GenOn Chalk Point Generating      The 2011 Consent            3/10/11   5/4/12, 77 FR 26438  Docket No.
 Station.                          Decree for Chalk                                           52.1070(d). The
                                   Point.                                                     SIP approval
                                                                                includes specific
                                                                                provisions of the
                                                                                2011 Consent
                                                                                Decree for which
                                                                                the State of
                                                                                Maryland requested
                                                                                approval on
                                                                                October 12, 2011.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-10915 Filed 5-26-17; 8:45 am]
 BILLING CODE 6560-50-P