[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55483-55484]
[FR Doc No: 2017-24741]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Availability of the Final Supplemental Environmental
Assessment (SEA) and Amended Finding of No Significant Impact/Record of
Decision (FONSI/ROD) for the Runway 13/31 Shift/Extension and
Associated Improvements Project for the Detroit Lakes-Becker County
Airport (DTL) in Detroit Lakes, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA is issuing this notice to advise the public that the
FAA has prepared and approved (September 6, 2017) an Amended FONSI/ROD
based on the Final SEA for the DTL Runway 13/31 Shift/Extension and
Associated Improvements Project. The Final SEA was prepared in
accordance with the National Environmental Policy Act (NEPA) of 1969,
as amended, FAA Orders 1050.1F, ``Environmental Impacts: Policies and
Procedures'' and 5050.4B, ``NEPA Implementing Instructions for Airport
Actions''.

DATES: This notice is applicable November 21, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Josh Fitzpatrick, Environmental
Protection Specialist, FAA Dakota-Minnesota Airports District Office
(ADO), 6020 28th Avenue South, Suite 102, Minneapolis, Minnesota,
55450. Telephone number is<PHONE_NUMBER>. Copies of the Amended FONSI/
ROD and/or Final SEA are available upon written request by contacting
Mr. Josh Fitzpatrick through the contact information above.

SUPPLEMENTARY INFORMATION: The Final SEA evaluated the DTL Runway 13/31
Shift/Extension and Associated Improvements Project. Due to airfield
deficiencies identified by the FAA and Minnesota Department of
Transportation (MnDOT) at DTL, the purpose of the proposed action is to
provide a usable, reliable, and safe primary runway at an airport in or
near the City of Detroit Lakes that is compliant with FAA and MnDOT
design standards, guidance, and minimum system objectives for key
airports.
    During the design phase, it was discovered that several additional
project components were not evaluated by the 2016 FEA and FONSI/ROD,
therefore, the FAA determined that the proposed action needs to be
updated with a SEA to include project components not explicitly
considered. The additional project components as part of the proposed
action include: 1. Existing utilities impacted by the project. 2.
Visual NAVAIDS (wind cone and segmented circle) impacted by the
project. 3. Buildings to be removed in conjunction with the project. 4.
Relocation of Highway 59 access. 5. Effluent discharge from upgraded
wastewater treatment facility.
    The FAA prepared the Final Federal SEA, pursuant to the
requirements of the NEPA. The Final SEA identified and evaluated all
reasonable alternatives. After careful analysis, the City of Detroit
Lakes selected the following alternatives as the preferred alternative:
1. Alternative AU2, Runway 13 Overhead Power Line Removal/Relocation.
2. Alternative AU3, Runway 31 Overhead Power Line Removal/Relocation.
3. Alternative UU1, Runway 31 Fiber Optic Communications Line-No
Action. 4. Alternative UU5, Runway 31 UE Power Line Relocation-Relocate
Line West in Longview Driver Right of Way. 5. Alternative WC2, Relocate
Wind Cone and Segmented Circle. 6. Alternative BD2, Remove Buildings on
Tracts 13 and 19. 7. Alternative HA2: Relocate Highway 59 Access to the
Northeast. 8.

Alternative ED2, Effluent Discharge Pipe Installed in Runway 31 Runway
Protection Zone (RPZ). These alternatives satisfy the purpose and need
while minimizing impacts.
    The evaluation of these components in the preferred alternative
conducted under the SEA has not resulted in additional or an increase
in impacts associated with the proposed action.
    Based on the analysis in the Final SEA, the FAA has determined that
the preferred alternative will not result in significant impacts to
resources identified in accordance with FAA Orders 1050.1F and 5054.4B.
Therefore, an environmental impact statement will not be prepared.

    Issued in Minneapolis, Minnesota on October 16, 2017.
Andy Peek,
Manager, Dakota-Minnesota Airports District Office, FAA, Great Lakes
Region.
[FR Doc. 2017-24741 Filed 11-20-17; 8:45 am]
 BILLING CODE 4910-13-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2006 0279; 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 eight major sources of volatile organic compounds ( VOC) and 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 0279. 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: Ellen Wentworth, ( 215) 814 2034, or by e mail at wentworth. ellen@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background On April 27, 2006 ( 71 FR 24831), 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 August 1, 1995, March 21, 1996, October 18, 1996, April 20, 1998, October 2,

1998, June 22, 1999, and February 4, 2003. 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 Pennsylvania Power & Light Company West Shore Cumberland OP 21 2009 Combustion Turbines VOC and NOx Foster Wheeler Mt. Carmel, Inc. Northumberland OP 49 0002 Cogeneration Facility NOx Metropolitan Edison Company Portland Northampton OP 48 0006 Combustion Turbines and Boilers NOx Pennsylvania Power & Light Company Lycoming OP 41 0004 Combustion Turbine NOx Pennsylvania Power & Light Company Clinton OP 18 0006 Combustion Turbines NOx Texas Eastern Transmission Corporation Juniata County OP 34 2002 Compressor Station NOx Pennsylvania Power & Light Company Northampton OP 48 0011 Combustion Turbines and Diesel Generators VOC and NOx Johnstown Corporation Cambria OP 11 000 034 Steel Foundry VOC 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 August 1, 1995,

March 21, 1996, October 18, 1996, April 20, 1998, October 2, 1998, June 22, 1999, and February 4,

2003, 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 tribes, or on the distribution of power and responsibilities between the Federal Government and 5 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.).

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 6 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 Section 52.2020, the table in paragraph ( d)( 1) is amended by adding the entries for Pennsylvania Power & Light Company West Shore; Foster Wheeler Mt. Carmel, Inc.; Metropolitan Edison Company Portland; Pennsylvania Power & Light Company Williamsport; Pennsylvania Power & Light Company Bald Eagle; Texas Eastern Transmission Corporation; Pennsylvania Power & Light Company Martins Creek; and Johnstown Corporation, at the end of the table to read as follows:

§ 52.2020 Identification of plan.

* * * * *

( d) * * *

( 1) * * * 9 Name of source Permit number County State effective date EPA approval date Additional explanation/ § 52.2063 citation * * * * * * * Pennsylvania Power & Light Company West Shore OP 21 2009 Cumberland 6/ 7/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( r)

Foster Wheeler Mt. Carmel, Inc. OP 49 0002 Northumberland 6/ 30/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( r)

Metropolitan Edison Company Portland OP 48 0006 Northampton 12/ 14/ 94 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( r)

Pennsylvania Power & Light Company OP 41 0004 Lycoming 6/ 13/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( r)

Pennsylvania Power & Light Company OP 18 0006 Clinton [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( r)

Texas Eastern Transmission Corporation OP 34 2002 Juniata 1/ 31/ 97 Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( r) 10 Name of source Permit number County State effective date EPA approval date Additional explanation/ § 52.2063 citation Pennsylvania Power & Light Company OP 48 0011 Northampton 12/ 14/ 94 Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( r)

Johnstown Corporation OP 11 000 034 Cambria 6/ 23/ 95 Insert Federal Register publication date] [ Insert page number where the document begins 52.2020( d)( 1)( r)

* * * * *


Good Neighbor Environmental Board

JW Marriott Washington DC

1331 Pennsylvania Avenue NW

Washington, DC  20004

202-393-2000

AGENDA

Wednesday, December 14

8:30 a.m.	Registration

9:00-9:30	Welcome and Introductions

Mark Joyce

			Associate Director and GNEB Acting Designated Federal Officer

Cynthia Jones-Jackson

Acting Director

U.S. EPA Office of Federal Advisory Committee Management and Outreach

Diane Austin

Chair

Good Neighbor Environmental Board

Board Members and Speakers

9:30-9:45	Overview of Agenda

		Diane Austin

		Chair

		Good Neighbor Environmental Board

9:45-10:45	Major Border Environment Cooperation Commission and North American Development Bank Initiatives

			Maria Elena Giner

			General Manager

			Border Environment Cooperation Commission

10:45-11:00	Break

11:00-12:00	Update on Border 2012/2020 Activities and Border Issues

		Michelle DePass

		Assistant Administrator

		U.S. EPA Office of International and Tribal Affairs

		Keith Takata

		Deputy Regional Administrator

		U.S. EPA Region 9

12:00-12:15	Public Comments

12:30-4:30	Press Event at the Woodrow Wilson International Center for Scholars

5:00-6:00	Board Member Updates and Discussion with Senior Officials from EPA

Meeting Day 2

December 15, 2011

8:00 a.m.	Registration

8:30-10:00	Discussion of GNEB’s 15th Report and Activities for the Coming Year

10:00-10:15	Break

10:15-12:00	Continuation of Discussion

12:00-12:15	Break

12:15-1:30	Continuation of Discussion

1:30-2:00	Public Comments

2:00		Adjourn


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16920-16921]
[FR Doc No: 2017-06885]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0192; FRL-9960-97-Region 4]

Air Quality Plan; Florida; Infrastructure Requirements for the
2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the State Implementation Plan (SIP) submission,
submitted by the State of Florida, through the Florida Department of
Environmental Protection (FDEP), on December 14, 2015, to demonstrate
that the State meets the infrastructure requirements of the Clean Air
Act (CAA or Act) for the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS). The
CAA requires that each state adopt and submit a SIP for the
implementation, maintenance and enforcement of each NAAQS promulgated
by EPA, which is commonly referred to as an ``infrastructure SIP
submission.'' FDEP certified that the Florida SIP contains provisions
that ensure the 2012 Annual PM2.5 NAAQS is implemented,
enforced, and maintained in Florida. EPA has determined that portions
of Florida's SIP satisfy certain required infrastructure elements for
the 2012 Annual PM2.5 NAAQS.

DATES: This rule is effective May 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0192. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Bell can be reached via electronic mail at
<EMAIL_ADDRESS>or via telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS. The standard was strengthened from 15.0
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIPs meeting the applicable requirements
of section 110(a)(2) within three years after promulgation of a new or
revised NAAQS or within such shorter period as EPA may prescribe.
Section 110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were required to submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than December 14, 2015.\1\
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    \1\ In these infrastructure SIP submissions states generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2). Florida's existing SIP consists largely of
Florida Administrative Code (F.A.C.) rules adopted by FDEP and
approved by EPA through the SIP revision process. However, there are
some F.A.C. state regulations that are not part of the Florida
federally-approved SIP. Throughout this rulemaking, unless otherwise
indicated, the term ``F.A.C.'', ``Rule'', or ``Chapter'' indicate
that the cited regulation has been approved into Florida's
federally-approved SIP. The term ``Florida Statutes'' indicates
cited Florida state statutes, which are not a part of the SIP unless
otherwise indicated.
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    In a proposed rulemaking published on August 1, 2016 (81 FR 50416),
EPA proposed to approve portions of Florida's December 14, 2015, SIP
submission for the 2012 Annual PM2.5 NAAQS. The details of
Florida's submission and the rationale for EPA's actions for this final
rule are explained in the August 1, 2016, proposed rulemaking. Comments
on the proposed rulemaking were due on or before August 31, 2016. EPA
received no adverse comments.

II. Final Action

    EPA is taking final action to approve Florida's infrastructure
submissions submitted on December 14, 2015, for the 2012 Annual
PM2.5 NAAQS for the infrastructure SIP requirements, with
the exception of the interstate transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2). EPA notes that the Agency is not
approving any specific rule, but rather approving that Florida's
already approved SIP meets certain CAA requirements. With respect to
the interstate transport requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), EPA will consider these requirements in relation to
Florida's 2012 Annual PM2.5 NAAQS infrastructure submission
in a separate rulemaking. EPA is taking final action to approve all
other elements of Florida's infrastructure SIP submissions for the 2012
Annual PM2.5 NAAQS because the submission is consistent with
section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely

affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 6, 2017. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.

    Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    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 K--Florida

0
2. In Sec.  52.520, the table in paragraph (e) is amended by adding the
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS'' at the end of the table to read as
follows:

Sec.  52.520   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                         State       EPA approval      Federal Register
             Provision              effective date       date               notice              Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure        10/15/2015        4/7/2017  [Insert Federal        With the exception of
 Requirements for the 2012 Annual                                    Register citation].    section
 PM2.5 NAAQS.                                                                               110(a)(2)(D)(i)(I)
                                                                                and (II) (prongs 1
                                                                                and 2).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-06885 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Pages 11148-11149]
[FR Doc No: 2019-05571]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85362; File No. SR-NASDAQ-2018-079]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Order
Granting Approval of a Proposed Rule Change, as Modified by Amendment
No. 2, To Amend Nasdaq Rules 5705 and 5710 To Adopt a Disclosure
Requirement for Certain Securities

March 19, 2019.

I. Introduction

    On November 29, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities

and Exchange Commission (``Commission''), pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend Nasdaq Rules 5705 and
5710 to adopt a disclosure requirement for certain securities. The
proposed rule change was published for comment in the Federal Register
on December 19, 2018.\3\ On January 29, 2019, pursuant to Section
19(b)(2) of the Act,\4\ the Commission designated a longer period
within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On March 5, 2019, the Exchange
filed Amendment No. 1 to the proposed rule change.\6\ On March 19,
2019, the Exchange filed Amendment No. 2 to the proposed rule
change.\7\ The Commission has received no comments on the proposed rule
change. This order grants approval of the proposed rule change, as
modified by Amendment No. 2.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84812 (December 13,
2018), 83 FR 65184.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 85000, 84 FR 1525
(February 4, 2019).
    \6\ Amendment No. 1, which amends and replaces the proposed rule
change in its entirety, is available at: https://www.sec.gov/comments/sr-nasdaq-2018-079/srnasdaq2018079-5020213-183007.pdf.
    \7\ In Amendment No. 2, which amends and replaces the proposed
rule change, as modified by Amendment No. 1, in its entirety, the
Exchange removes (i) the proposed definition of Closing Indicative
Value relating to Linked Securities, and (ii) all of the proposed
changes in the first paragraph of Nasdaq Rule 5710(d). Because
Amendment No. 2 does not materially alter the substance of the
proposed rule change or raise unique or novel regulatory issues, it
is not subject to notice and comment. Amendment No. 2 is available
at: https://www.sec.gov/comments/sr-nasdaq-2018-079/srnasdaq2018079-5146426-183370.pdf.
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II. Description of the Proposed Rule Change, as Modified by Amendment
No. 2 8
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    \8\ For more information regarding the proposal, including the
proposed amendments to Nasdaq Rules 5705 and 5710, see Amendment No.
2, supra note 7.
---------------------------------------------------------------------------

    The Exchange proposes to amend Nasdaq Rule 5705(b)(1)(B) relating
to Index Fund Shares and Nasdaq Rule 5710(d) relating to Linked
Securities. Specifically, the Exchange proposes to require issuers of
leveraged or inverse Index Fund Shares and Linked Securities that seek
returns on a daily basis to provide additional website disclosure
highlighting the daily return feature of these products and the risks
associated with holding these products for longer than one day. The
Exchange proposes to amend Nasdaq Rules 5705(b)(1)(B) and 5710(d) to
require issuers of such Index Fund Shares or Linked Securities to
include on each such product's website a statement that the product
seeks returns for a single day,\9\ and that, due to the compounding of
returns, holding periods of longer than one day can result in
investment returns that are significantly different than the product's
target returns. The proposed disclosure would also direct investors to
consult the prospectus for further information on the calculation of
the returns and other risks associated with investing in this type of
product. The Exchange represents that, while issuers' websites already
typically contain language similar to the disclosure proposed herein,
Nasdaq believes that providing example language enhances the
transparency of the proposed listing standard.
---------------------------------------------------------------------------

    \9\ The Exchange notes that the proposed rule change is limited
to Multiple/Inverse Daily Products.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 2, is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\10\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 2, is consistent
with Section 6(b)(5) of the Act,\11\ which requires, among other
things, that the Exchange's rules be designed to prevent fraudulent and
manipulative acts and practices, promote just and equitable principles
of trade, 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.
---------------------------------------------------------------------------

    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Currently, Nasdaq rules permit the listing and trading of Index
Fund Shares and Linked Securities that seek investment results to
exceed by a multiple of the performance (leveraged), or exceed by a
multiple of the inverse of the performance (inverse), of an underlying
index or reference asset. According to the Exchange, these products are
designed to track the daily performance of an underlying instrument,
and holding these products for longer than a day can result in
investment returns that are significantly different than the target
return. The Exchange states that some investors may not fully
understand this risk. The Commission believes that the proposed
amendments requiring additional disclosure for these types of Index
Fund Shares and Linked Securities listed on the Exchange are consistent
with investor protection because the disclosure would provide investors
with additional information regarding the investment risks associated
with these products.
    This approval order is based on all of the Exchange's
representations, including those set forth above and in Amendment No.
2.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 2, is consistent with Section
6(b)(5) of the Act \12\ and the rules and regulations thereunder
applicable to a national securities exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-NASDAQ-2018-079), as
modified by Amendment No. 2 be, and it hereby is, approved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-05571 Filed 3-22-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Rules and Regulations]
[Pages 709-711]
[FR Doc No: 2018-00059]

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[170207157-7157-01]
RIN 0694-AH31

Revisions, Clarifications, and Technical Corrections to the
Export Administration Regulations; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

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

SUMMARY: In this final rule, the Bureau of Industry and Security
corrects an error in the text of Export Control Classification Numbers
(ECCNs) 0D606, 0E606, and 8A609.

DATES: This rule is effective January 8, 2018.

FOR FURTHER INFORMATION CONTACT: Ivan Mogensen, Office of Exporter
Services, Bureau of Industry and Security, by telephone:<PHONE_NUMBER>
or email: [email protected].

SUPPLEMENTARY INFORMATION:

Overview

    On December 27, 2017, BIS published a final rule, Revisions,
Clarifications, and Technical Corrections to the Export Administration
Regulations (82 FR 61153) (the December 27 rule), which made
corrections to certain provisions of the Export Administration
Regulations (EAR), including the Commerce Control List (part 774 of the
EAR) (CCL). The corrections were editorial in nature and did not affect
license requirements. In this final rule, BIS is amending ECCNs 0D606
and 0E606 by reinstating original text that was erroneously replaced
with the text for ECCNs 0D614 and 0E614, respectively, in the December
27 rule. In addition, this rule reinstates paragraph (2) of the Special
Conditions for STA in ECCN 8A609.

Part 774

    ECCNs 0D606 and 0E606: The December 27 rule amended ECCN
subparagraphs 0D606.a and 0E606.a to include references to ECCNs 0B606
and 0C606. During drafting, the License Requirements section and the
text following the revised subparagraphs for both ECCNs was exchanged
with the text for ECCNs 0D614 and 0E614, respectively. In order to
follow the guidelines of the original preamble, this correction to the
December 27 rule restores the original License Requirements section and
the text of ECCNs 0D606 and 0E606 following subparagraph .a in both
ECCNs. In addition, this rule replaces the incorrect reference to 0D606
with 0E606 in the Special Conditions for STA of ECCN 0E606.
    ECCN 8A609: The December 27 rule amended ECCN 8A609 by revising the
title reference in these ECCNs to match the current title of Sec.
740.20(g) and in doing so inadvertently removed paragraph (2) of the
Special Conditions for STA. This rule restores paragraph (2) of the
Special Conditions for STA in ECCN 8A609.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March
13, 2013), and as extended by the Notice of August 15, 2017, 82 FR
39005 (August 16, 2017) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
BIS continues to carry out the provisions of the Export Administration
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222 as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule does not impose any regulatory burden on the
public and is consistent with the goals of Executive Order 13563. This
rule has been designated not significant for purposes of Executive
Order 12866. This rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
    2. This final rule does not contain information collections subject
to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) (PRA). Notwithstanding any other provision of law, no
person is required to respond to, nor is subject to a penalty for
failure to comply with, a collection of information, subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The Department of Commerce finds that there is good cause under
5 U.S.C. 553(b)(B) to waive the provisions of the Administrative
Procedure Act otherwise requiring prior notice and the opportunity for
public comment because they are unnecessary. The revisions made by this
rule are administrative in nature and do not affect the privileges and
obligations of the public. Additionally, it is important that the edits
and clarifications are added as soon as possible to prevent improper
interpretation of the EAR. The Department also finds that there is good
cause under 5 U.S.C. 553(b)(A) to waive the provisions of the
Administrative Procedure Act requiring notice and comment because these
changes are limited to providing guidance on existing interpretations
of current EAR provisions. Because these revisions are not substantive
changes to the EAR, the 30-day delay in effectiveness otherwise
required by 5 U.S.C. 553(d) is not applicable. No other law requires
that a notice of proposed rulemaking and opportunity for public comment
be given for this rule. The analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et. seq.) are not applicable because no
general notice of proposed rulemaking was required

for this rule by 5 U.S.C. 553, or by any other law. Accordingly, no
regulatory flexibility analysis is required and none has been prepared.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15
CFR part 774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 15, 2017, 82 FR 39005 (August
16, 2017).

0
2. In supplement No. 1 to part 774, Category 0, ECCN 0D606 is revised
to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
0D606 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of ground vehicles and
related commodities controlled by 0A606, 0B606, or 0C606 (see List
of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN.

                                              Country Chart  (See Supp.
                Control(s)                       No. 1  to part 738)

NS applies to entire entry, except 0D606.y  NS Column 1.
RS applies to entire entry, except 0D606.y  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry, except 0D606.y  See Sec.   746.1(b) for UN
                                             controls.

List Based License Exceptions

(See Part 740 for a description of all license exceptions)

CIV: N/A.
TSR: N/A.

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any software in 0D606.

List of Items Controlled

Related Controls: (1) Software directly related to articles
enumerated or otherwise described in USML Category VII are subject
to the controls of USML paragraph VII(h). (2) See ECCN 0A919 for
foreign made ``military commodities'' that incorporate more than a
de minimis amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A.
Items:

    a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or
0C606.
    b. through x. [RESERVED]
    y. ``Specific software'' ``specially designed'' for the
``production,'' ``development,'' operation, or maintenance of
commodities described in ECCN 0A606.y.

0
3. In supplement No. 1 to part 774, Category 0, ECCN 0E606 is revised
to read as follows:

0E606 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of ground vehicles and related commodities
in 0A606, 0B606, 0C606, or software in 0D606 (see List of Items
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN.

                                              Country Chart  (See Supp.
                Control(s)                       No. 1  to part 738)

NS applies to entire entry, except 0E606.y  NS Column 1.
RS applies to entire entry, except 0D606.y  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry, except 0D606.y  See Sec.   746.1(b) for UN
                                             controls.

List Based License Exceptions

(See Part 740 for a description of all license exceptions)

CIV: N/A.
TSR: N/A.

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any technology in 0E606.

List of Items Controlled

Related Controls: Technical data directly related to articles
enumerated in USML Category VII are subject to the controls of USML
paragraph VII(h).
Related Definitions: N/A.
Items:

    a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities enumerated or otherwise
described in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
    b. through x. [RESERVED]
    y. Specific ``technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities or software in ECCN 0A606.y
or 0D606.y.

0
4. In supplement No. 1 to part 774, Category 8, ECCN 8A609 is revised
to read as follows:

8A609 Surface vessels of war and related commodities (see List of
Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN.

                                              Country Chart  (See Supp.
                Control(s)                       No. 1  to part 738)

NS applies to entire entry, except 8A609.y  NS Column 1.
RS applies to entire entry, except 8A609.y  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry, except 8A609.y  See Sec.   746.1(b) for UN
                                             controls.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: $1500.
GBS: N/A.
CIV: N/A.

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec.  740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2)
of License Exception STA (Sec.  740.20(c)(2) of the EAR) may not be
used for any item in 8A609.

List of Items Controlled

Related Controls: (1) Surface vessels of war and special naval
equipment, and technical data (including software), and services
directly related thereto, described in 22 CFR part 121, Category VI,
Surface Vessels of War and Special Naval Equipment, are subject to
the jurisdiction of the International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made ``military commodities'' that
incorporate more than a de minimis amount of U.S.- origin ``600
series'' controlled content. (3) For controls on diesel engines and
electric motors that are ``subject to the EAR'' for surface vessels
of war ``subject to the EAR'' or ``subject to the ITAR,'' see ECCN
8A992.g. For diesel engines and electric motors for surface vessels
of war ``subject to the ITAR,'' see 22 CFR part 121, Category VI(c)
for parts, components, accessories, and attachments, ``specially
designed'' for developmental vessels funded by the Department of
Defense via contract or other funding authorization. (4) For
controls on military gas turbine

engines and related items for vessels of war, see ECCN 9A619.
Related Definitions: N/A.
Items:

    a. Surface vessels of war ``specially designed'' for a military
use and not enumerated or otherwise described in the USML.

    Note 1: 8A609.a includes: (i) Underway replenishment ships; (ii)
surface vessel and submarine tender and repair ships, except vessels
that are ``specially designed'' to support naval nuclear propulsion
plants; (iii) non-submersible submarine rescue ships; (iv) other
auxiliaries (e.g., AGDS, AGF, AGM, AGOR, AGOS, AH, AP, ARL, AVB,
AVM, and AVT); (v) amphibious warfare craft, except those that are
armed; and (vi) unarmored and unarmed coastal, patrol, roadstead,
and Coast Guard and other patrol craft with mounts or hard points
for firearms of .50 caliber or less.

    Note 2: For purposes of paragraph .a, surface vessels of war
includes vessels ``specially designed'' for military use that are
not identified in paragraph (a) of ITAR Sec.  121.15, including any
demilitarized vessels, regardless of origin or designation,
manufactured prior to 1950 and that have not been modified since
1949. For purposes of this note, the term modified does not include
incorporation of safety features required by law, cosmetic changes
(e.g., different paint), or the addition of ``parts'' or
``components'' available prior to 1950.

    b. Non-magnetic diesel engines with a power output of 50 hp or
more and either of the following:
    b.1. Non-magnetic content exceeding 25% of total weight; or
    b.2. Non-magnetic parts other than crankcase, block, head,
pistons, covers, end plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
    c. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 8A609 (except for 8A609.y)
or a defense article enumerated or otherwise described in USML
Category VI and not specified elsewhere on the USML, in 8A609.y or
3A611.y.

    Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 8A609.x are controlled by ECCN
8A609.x.

    Note 2: ``Parts,'' ``components,'' ``accessories'' and
``attachments'' specified in USML subcategory VI(f) are subject to
the controls of that paragraph. ``Parts,'' ``components,''
``accessories,'' and ``attachments'' specified in ECCN 8A609.y are
subject to the controls of that paragraph.

    y. Specific ``parts,'' ``components,'' ``accessories'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or for a defense article in USML Category VI
and not elsewhere specified in the USML, as follows, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor:
    y.1. Public address (PA) systems;
    y.2. Filters and filter assemblies, hoses, lines, fittings,
couplings, and brackets for pneumatic, hydraulic, oil and fuel
systems;
    y.3. Galleys;
    y.4. Lavatories;
    y.5. Magnetic compass, magnetic azimuth detector;
    y.6. Medical facilities;
    y.7. Potable water tanks, filters, valves, hoses, lines,
fittings, couplings, and brackets;
    y.8. Panel knobs, indicators, switches, buttons, and dials
whether unfiltered or filtered for use with night vision imaging
systems;
    y.9. Emergency lighting;
    y.10. Gauges and indicators;
    y.11. Audio selector panels.

    Dated: January 2, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-00059 Filed 1-5-18; 8:45 am]
BILLING CODE-P


[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Proposed Rules]
[Pages 64038-64041]
[FR Doc No: 2011-26806]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD]
RIN 2120-AA64

Airworthiness Directives; CPAC, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to all CPAC, Inc. (type certificate formerly held by
Commander Aircraft Corporation, Gulfstream Aerospace Corporation, and
Rockwell International) Models 112, 112B, 112TC, 112TCA, 114, 114A,
114B, and 114TC airplanes. The existing AD currently requires a one-
time inspection of the elevator spar for cracks and, if any crack is
found, either replace with a serviceable elevator spar that is found
free of cracks or repair/modify the elevator spar with an FAA-approved
method. That AD also requires reporting to the FAA the results of the
inspection. Since we issued that AD, using the data collected through
the reporting requirement, we have determined there is a need for
continued inspections. This proposed AD would require repetitive
inspections of the elevator spar for cracks and, if any crack is found,
either replace with a serviceable elevator spar that is free of any
cracks and/or corrosion or repair/modify the elevator spar with an FAA-
approved procedure. We are proposing this AD to correct the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by December 1,
2011.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above 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 (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: T.N. Baktha, Senior Aerospace
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport
Road, Room 100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:
(316) 946-4107; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1128;
Directorate Identifier 2011-CE-031-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

    On March 28, 2011, we issued AD 2011-07-13, amendment 39-16650 (76
FR 18376, April 4, 2011), for all CPAC, Inc. (type certificate formerly
held by Commander Aircraft Corporation, Gulfstream Aerospace
Corporation, and Rockwell International) Models 112, 112B, 112TC,
112TCA, 114, 114A, 114B, and 114TC airplanes. That AD requires a one-
time inspection of the elevator spar for cracks and, if any crack is
found, either replace with a serviceable elevator spar that is found
free of cracks or repair/modify the elevator spar with an FAA-approved
method. That AD also requires reporting to the FAA the results of the
inspection. That AD was prompted by reports of a total of nine elevator
spar cracks across seven of the affected airplanes, including a crack
of 2.35 inches just below the outboard hinge of the right-hand
elevator. We issued that AD to prevent structural failure of the
elevator spar due to such cracking, which could result in separation of
the elevator from the airplane with consequent loss of control.

Actions Since Existing AD Was Issued

    We considered AD 2011-07-13, amendment 39-16650 (76 FR 18376, April
4, 2011), an interim action while we evaluated the data submitted from
the reports of the one-time inspection to determine if repetitive
inspections are necessary and if a terminating action could be
implemented.
    Since we issued AD 2011-07-13, amendment 39-16650 (76 FR 18376,
April 4, 2011), using the data collected through the reporting
requirement, we have determined that there is a need for continued
repetitive inspections.
    The data indicated that approximately 25 percent of the airplanes
inspected have cracked elevator spars, with Model 114 airplanes
indicating almost 46 percent of the airplanes having cracks. There does
not appear to be a clear correlation between the discovery of a crack
and hours time-in-service (TIS) on the airplane.
    Therefore, the data indicate that cracks are very prevalent and
could appear on any airplane regardless of the hours TIS. Thus, we were
unable to determine terminating action to address the unsafe condition.
The continued repetitive inspections will help us understand the root
cause of the

cracking and develop a terminating action.

Relevant Service Information

    We have included in this proposed AD procedures for removing the
elevator and inspecting the forward and aft sides of the right-hand and
left-hand elevator spar web at and around the elevator outboard hinge
bracket area.
    We have approved an alternative method of compliance (AMOC) to AD
2011-07-13 that offers an alternative method of inspection. You may
find this AMOC at regulations.gov, Docket No. FAA-2011-0302 and Docket
No. FAA-2011-1128.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2011-
07-13, amendment 39-16650 (76 FR 18376, April 4, 2011), and make the
one-time inspection repetitive.

Interim Action

    We consider this proposed AD interim action. We continue to
evaluate the reported data and repair procedures to determine a
possible terminating action. Based on this determination, we may
initiate further rulemaking action if needed to address the unsafe
condition identified in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 773 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the elevator spar.......  8 work-hours x $85 per               N/A            $680        $525,640
                                         hour = $680.
----------------------------------------------------------------------------------------------------------------

    Currently, there is no FAA-approved repair/modification for a
cracked elevator spar. Further flight is prohibited until the repair/
modification is submitted to the FAA and FAA-approved. Therefore, at
this time, the FAA has no way of determining the costs associated with
the repair/modification of cracks found in the elevator spar.
    We estimate the following costs to do any replacement that would be
required based on the results of the proposed inspection. We have no
way of determining the number of aircraft that might need this
replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                       Labor cost per elevator        Parts cost per       Cost per product per
               Action                            spar                  elevator spar           elevator spar
----------------------------------------------------------------------------------------------------------------
Replace cracked elevator spar with   Up to 16 work-hours x $85    May range from $100 to  May range from $1,460
 a serviceable elevator spar.         per hour = $1,360.           $1,000.                 to $2,360.
Replace cracked elevator spar with   Up to 16 work-hours x $85    $1,250................  $2,610.
 a new elevator spar.                 per hour = $1,360.
----------------------------------------------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2011-07-13, amendment 39-16650 (76 FR 18376, April 4, 2011), and
adding the following new AD:

CPAC, Inc. (Type Certificate Formerly Held by Commander Aircraft
Corporation,

Gulfstream Aerospace Corporation, and Rockwell International):
Docket No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by December 1,
2011.

(b) Affected ADs

    This AD supersedes AD 2011-07-13, amendment 39-16650 (76 FR
18376, April 4, 2011).

(c) Applicability

    This AD applies to CPAC, Inc. (type certificate formerly held by
Commander Aircraft Corporation, Gulfstream Aerospace Corporation,
and Rockwell International) Models 112, 112B, 112TC, 112TCA, 114,
114A, 114B, and 114TC airplanes, all serial numbers, certificated in
any category. Type Certificate No. A12SO does not include Models
112A and 115. The Model 112A is a Rockwell ``marketing name'' for
the Model 112. The Model 115 is a Rockwell ``marketing name'' for
the Model 114. Since they are type-certificated as Model 112 and
Model 114, this AD is applicable to the Models 112A and 115.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of a total of nine elevator spar
cracks across seven of the affected airplanes, including a crack of
2.35 inches just below the outboard hinge of the right-hand
elevator. We are issuing this AD to prevent structural failure of
the elevator spar due to such cracking, which could result in
separation of the elevator from the airplane with consequent loss of
control.

(f) Compliance

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

(g) Inspection Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)

    Within the next 5 hours time-in-service (TIS) after April 4,
2011 (the effective date retained from AD 2011-07-13), visually
inspect the left-hand (LH) and right-hand (RH) elevator spar behind
and around the outboard hinge bracket on the elevator spar for
cracks. Do the inspection following the procedures specified in
paragraph (j) of this AD or by FAA-approved procedures for the
inspection in an alternative method of compliance (AMOC) to AD 2011-
07-13. You may find this AMOC at regulations.gov, Docket No. FAA-
2011-0302 and Docket No. FAA-2011-1128. If cracks are found during
this inspection, take the necessary corrective actions specified in
paragraph (k) of this AD.

(h) Reporting Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)

    Report the results of the inspection required in paragraph (g)
of this AD to the FAA, Wichita Aircraft Certification Office (ACO),
Attn: T.N. Baktha, Senior Aerospace Engineer, 1801 Airport Road,
Room 100; Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax: (316)
946-4107; e-mail<EMAIL_ADDRESS>Include the following
information:
    (1) Airplane model and serial number.
    (2) Hours TIS at time of inspection.
    (3) Annotate any cracking found, including the exact location
and length of any cracks.
    (4) Any installations, repairs, modifications, etc. that have
been done on your airplane in the elevator spar area or that could
have affected the elevator spar.
    (5) Type of operation primarily flown in.

(i) Repetitive Inspection Requirement

    As a result of the inspection required in AD 2011-07-13,
amendment 39-16650 (76 FR 18376, April 4, 2011), or the inspection
required in paragraph (g) of this AD, if the elevator spar was:
    (1) Replaced with a new elevator spar, within the next 300 hours
TIS after the replacement visually inspect the elevator spar behind
the outboard hinge bracket and surrounding area for cracks.
Repetitively inspect thereafter at intervals not to exceed 12 months
or 150 hours TIS, whichever occurs first. Do the inspection
following the procedures specified in paragraph (j) of this AD or by
FAA-approved procedures for the inspection in an AMOC to AD 2011-07-
13. You may find this AMOC at regulations.gov, Docket No. FAA-2011-
0302 and Docket No. FAA-2011-1128.
    (2) Replaced with a serviceable elevator spar (one that was in
service before and had no cracks and/or corrosion), within the next
150 hours TIS after the replacement, visually inspect the elevator
spar behind the outboard hinge bracket and surrounding area for
cracks. Repetitively inspect thereafter at intervals not to exceed
12 months or 150 hours TIS, whichever occurs first. Do the
inspection following the procedures specified in paragraph (j) of
this AD or by FAA-approved procedures for the inspection in an AMOC
to AD 2011-07-13. You may find this AMOC at regulations.gov, Docket
No. FAA-2011-0302 and Docket No. FAA-2011-1128.
    (3) Found free of cracks, within the next 150 hours TIS after
the inspection, visually inspect the elevator spar behind the
outboard hinge bracket and surrounding area for cracks. Repetitively
inspect thereafter at intervals not to exceed 12 months or 150 hours
TIS, whichever occurs first. Do the inspection following the
procedures specified in paragraph (j) of this AD or by FAA-approved
procedures for the inspection in an AMOC to AD 2011-07-13. You may
find this AMOC at regulations.gov, Docket No. FAA-2011-0302 and
Docket No. FAA-2011-1128.

(j) Inspection Procedures

    (1) Disconnect the elevator trim pushrod at the trim tab.
    (2) Remove the hinge bolts at the horizontal stabilizer points.
    (3) Remove six screws and two bolts at the inboard end of the
elevator and remove the elevator.
    (4) Remove all fasteners common to the elevator outboard aft end
rib, part number (P/N) 44330, and elevator skin, P/N 44323.
    (5) Remove the remaining two fasteners common to the elevator
outboard aft end rib (P/N 44330) and the elevator spar, P/N 44211.
    (6) Remove the elevator aft end rib, P/N 44330, to gain access
to the aft side of the elevator spar.
    (7) Remove the four bolts, washers, and nuts that secure the
outboard elevator hinge bracket, P/N 44285.
    (8) Remove elevator hinge bracket, P/N 44285, from the elevator
spar.
    (9) Clean in and around the location of the elevator outboard
hinge bracket, outboard elevator hinge, and the outboard elevator
hinge bracket (as applicable) on the elevator spar and visually
inspect for cracks. Use a 10X magnifier to facilitate the detection
of any crack.

(k) Corrective Actions

    (1) If cracks are found during any inspection required in
paragraphs (g), (i)(1), (i)(2), or (i)(3) of this AD, before further
flight, either replace the elevator spar with a new spar or a
serviceable spar that is found free of cracks and/or corrosion or
repair/modify the elevator spar following a procedure approved for
this AD by the FAA, Wichita ACO. After taking corrective action,
continue with the repetitive inspections required in paragraphs
(i)(1), (i)(2), or (i)(3);
    (2) Reassemble the elevator assembly, rebalance the elevator,
and reinstall on the airplane following standard repair practices.
Ensure elevator rigging is within tolerance, and that the system
operates with ease, smoothness, and positiveness appropriate to its
function; and
    (3) After taking corrective action, continue with the repetitive
inspections required in paragraphs (i)(1), (i)(2), and (i)(3) of
this AD.

(l) Special Flight Permit

    Special flight permits are permitted with the following
limitations when cracks are found in the elevator spar: daytime
visual flight rules (VFR) only, restricted to crew, calm weather,
reduced speed not to exceed 111 knots calibrated air speed (KCAS),
and not to exceed 5 flight hours.

(m) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC

20591, Attn: Information Collection Clearance Officer, AES-200.

(n) AMOCs

    (1) The Manager, Wichita 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 the
Related Information section of this AD.
    (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) AMOCs approved previously in accordance with AD 2011-07-13,
amendment 39-16650 (76 FR 18376, April 4, 2011), are approved as
AMOCs for the corresponding requirements in paragraph (j) of this
AD.

(o) Related Information

    For more information about this AD, contact T.N. Baktha, Senior
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
    Issued in Kansas City, Missouri, on October 11, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-26806 Filed 10-14-11; 8:45 am]
BILLING CODE 4910-13-P