[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Proposed Rules]
[Pages 36781-36783]
[FR Doc No: 2022-13154]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0690; Project Identifier AD-2021-01360-E]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turboshaft
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all General Electric Company (GE) CT7-8A model turboshaft engines.
This proposed AD was prompted by the manufacturer revising the
airworthiness limitations section (ALS) of the existing engine
maintenance manual (EMM) to incorporate reduced life limits for certain
stage 1 turbine aft cooling plates, stage 2 turbine forward cooling
plates, turbine interstage seals, and stage 4 turbine disks. This
proposed AD would require revising the ALS of the existing EMM and the
operator's existing approved maintenance or inspection program, as
applicable, to incorporate reduced life limits for these parts. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 5,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact General
Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone: (513)
552-3272; email: [email protected]; website: https://www.ge.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0690; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0690; Project Identifier
AD-2021-01360-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

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

should be sent to Sungmo Cho, Aviation Safety Engineer, ECO Branch,
FAA, 1200 District Avenue, Burlington, MA 01803. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA was notified that the manufacturer revised the ALS of the
existing EMM to incorporate reduced life limits for certain stage 1
turbine aft cooling plates, stage 2 turbine forward cooling plates,
turbine interstage seals, and stage 4 turbine disks (life-limited
parts) installed on CT7-8A model turboshaft engines. Additionally, the
manufacturer published service information that introduced the reduced
life limits. The life limits were reduced by the manufacturer as the
result of an analysis of the life management models for these parts.
This condition, if not addressed, could result in uncontained part
release, damage to the engine, damage to the helicopter, and possible
loss of control of the helicopter.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information

    The FAA reviewed GE CT7-8 Service Bulletin 72-0062, Revision 01,
dated December 22, 2021. This service information provides the reduced
life limits for certain life-limited parts.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the ALS of the applicable
GE CT7-8 EMM and the operator's existing approved maintenance or
inspection program, as applicable, to incorporate reduced life limits
for certain life-limited parts.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 126 engines installed on helicopters of U.S. registry. The FAA
estimates the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise ALS of EMM and the operator's    1 work-hour x $85 per                 $0             $85         $10,710
 existing approved maintenance or        hour = $85.
 inspection program.
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Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

General Electric Company: Docket No. FAA-2022-0690; Project
Identifier AD-2021-01360-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company CT7-8A model
turboshaft engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7240, Turbine Engine
Combustion Section; 7250, Turbine Section.

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the
airworthiness limitations section (ALS) of the existing engine
maintenance manual (EMM) to incorporate reduced life limits for
certain stage 1 turbine aft cooling plates, stage 2 turbine forward
cooling plates, turbine interstage seals, and stage 4 turbine disks.
The FAA is issuing this AD to prevent failure of the stage 1 turbine
aft cooling plates, stage 2 turbine forward cooling plates, turbine
interstage seals, and stage 4 turbine disks. The unsafe condition,
if not addressed, could result in uncontained part release, damage
to the engine, damage to the helicopter, and possible loss of
control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 90 days after the effective date of this AD, revise
the ALS of the existing GE CT7-8 Turboshaft EMM and the operator's
existing approved maintenance or inspection program, as applicable,
by incorporating the following reduced life limits:
    (i) For stage 1 turbine aft cooling plate, part number (P/N)
6064T09P02, change the life

limit cycles from 6,600 cycles since new (CSN) to 4,900 CSN;
    (ii) For stage 2 turbine forward cooling plate, P/N 4106T80P01,
change the life limit cycles from 8,000 CSN to 7,200 CSN;
    (iii) For turbine interstage seal, P/N 4111T86P03, change the
life limit cycles from 29,200 CSN to 19,000 CSN; and
    (iv) For stage 4 turbine disk, P/N 6068T32P04, change the life
limit cycles from 24,100 CSN to 12,100 CSN.
    (2) After performing the actions required by paragraph (g)(1) of
this AD, except as provided in paragraph (h) of this AD, no
alternative life limits may be approved.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (i) of this AD and email to: [email protected].
    (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.

(i) Related Information

    For more information about this AD, contact Sungmo Cho, Aviation
Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington,
MA 01803; phone:<PHONE_NUMBER>; email: [email protected].

    Issued on June 14, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-13154 Filed 6-17-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Proposed Rules]
[Pages 16439-16442]
[FR Doc No: 2022-06172]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0103; FRL-9624-01-R8]

 Air Plan Approval; CO; Reg 3 NSR and APEN Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
State of Colorado on May 13, 2020. The revisions contain amendments to
the State's New Source Review (NSR) permitting program and Air
Pollution Emission Notices (APENs). The EPA is taking this action
pursuant to the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 22, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0103, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, telephone number:<PHONE_NUMBER>, email address:
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever

``we,'' ``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On May 13, 2020, the State of Colorado adopted and repealed
revisions to Regulation Number 3 (Stationary Source Permitting and Air
Pollution Emission Notice Requirements) Part A (Concerning General
Provisions Applicable to Reporting and Permitting), Part B (Concerning
Construction Permits) and Part C (Concerning Operating Permits.) The
revisions we are acting on are in Colorado's minor source permitting
program. The EPA is proposing to approve all of the revisions submitted
on May 13, 2020, with the exception of the revision to Part A, Section
II.A.2.a, which was not extended by the Colorado General Assembly and
expired effective May 15, 2021. As a result, this section is no longer
in Regulation Number 3. We received a letter from Colorado requesting
to withdraw this provision from the May 13, 2020 submittal on October
15, 2021 (See docket.) along with revisions to Appendix B (Non-Criteria
Reportable Pollutants), as they are not part of the SIP. We will also
not be acting on the revisions to Regulation Number 7, as they were
acted on in a separate action on November 5, 2021 (86 FR 61071).
    The May 13, 2020 submittal contains the following revisions to
Regulation 3, Parts A, B and C:

    1. Revises existing definitions and adds an existing definition
used in Regulation Number 7 (Control of Ozone via Ozone Precursors
and Hydrocarbons via Oil and Gas Emissions);
    2. Updates the APEN reporting and permitting requirements for
oil and gas well production facilities;
    3. Clarifies and narrows certain exemptions and repeal certain
exemptions related to oil and gas wastewater impoundments;
    4. Revises the SIP to more closely align language with Colorado
Statutes;
    5. Clarifies when transfer of ownership forms are due and where
the compliance responsibilities lie during the transfer process; and
    6. Corrects typographical, grammatical and formatting errors
found throughout the regulations.

II. The EPA's Evaluation

A. Revisions to Regulation 3, Part A

I.--Applicability
(1) I.B.47
    The definition of ``Well Production Facility'' is added. This is
approvable, as the definition already exists in Regulation Number 7,
I.B.30. This definition was added to Regulation Number 3 to promote
consistency throughout the State's permitting regulations. This
definition was previously referred to as the undefined term
``exploration and production.'' This revision meets the statutory and
regulatory requirements as outlined in Section III. below of this
proposed rulemaking.
(2) I.B.12
    The definition of ``Commencement of Operation'' is revised. This
revision is approvable. The definition reflects that when permanent
equipment is on-site and operating, commencement of operation has
occurred, even if there is temporary equipment on-site. For example, if
a well is producing into one temporary tank and two permanent storage
tanks, the storage tanks have commenced operation for purposes of
Regulation Number 3. The revision separates the requirement from any
specific stage of well operation. The revised definition clarifies that
commencement of operation is not always determined by the transition of
well completion operations into startup of production as those terms
are defined in 40 CFR 60.5430a (subpart OOOOa). However, to ensure that
an operator cannot continue to produce into temporary tanks
indefinitely and thus avoid APEN reporting and permitting requirements,
this revision clarifies that the end of the flowback is the latest date
at which commencement of operation may occur.
    This revision also ensures consistency across Colorado's State air
regulations, as the revised definition of ``commencement of operation''
in Regulation Number 3 is the same as the federally approved definition
of ``commencement of operation'' in Regulation Number 7, Part D, I.D.7.
II. Air Pollution Emission Notice Requirements
(1) II.A.1
    This paragraph adds the phrase ``provided in Section II.A.2 below,
or as'' to reflect the addition of new paragraph II.A.2. Colorado has
withdrawn Section II.A.2 and, as a result, we are not taking action on
this revision.
(2) II.A.2.a
    As mentioned in Section I. of this action, the addition of this
paragraph has been withdrawn by the State of Colorado, thus, this
revision will not be acted on. As a result, owners or operators of well
production facilities must submit APENs prior to the construction,
modification, or alteration of the facility, as specified for all other
sources in Section II.A.1, which requires that facilities cannot emit
air pollutants from a stationary source unless an APEN and associated
fees have been filed with the Division.
    In other words, owners and operators of well production facilities
must apply for an APEN prior to commencement of operation. APENs
require owners or operators to specify the location at which the
proposed emission source will occur, the name and address of the
persons operating and owning such a facility, the nature of the
facility, process or activity, an estimate of the quantity and
composition of the expected emissions, among other requirements. Thus,
this revision meets the statutory and regulatory requirements as
outlined in Section III. of this proposed rulemaking.
(3) II.A.2(b)
    This paragraph requires owners or operators of well production
facilities to file an APEN prior to the modification of well production
facilities. This is a similar requirement as stated in II.A.1. This
revision meets the statutory and regulatory requirements as outlined in
Section III of this proposed rulemaking.

III. Exemptions From Air Pollution Emission Notice Requirements

(1) Section II.D.1.III
    This exemption was repealed to reflect the withdrawal of Part A
Section II.A.2.a. Section II.D.1.III. provides that the owner or
operator of an oil and gas exploration and production operation shall
file an APEN with the Division thirty days after well completion. If
production will result in reportable emissions, the owner or operator
shall file an APEN within thirty days after the report of first
production is filed with the State, but no later than ninety days. As a
result of this section being repealed, owners or operators are now
required to file an APEN prior to commencement of operations, as
required in Part A, Section II.A.1.

B. Revisions to Regulation 3, Part B (Concerning Construction Permits)

II.A--General Requirements for Construction Permits
(1) II.A.1 and III.I.2.a
    In Section II.A.1, the phrase ``commence construction of'' is
replaced with the phrase ``construct, modify or operate'' and the
phrase ``modification of a stationary source'' is replaced by the
phrase ``commence the conduct of and such activity.'' Similar language
changes were made in Section III.I.2.a.
    These language revisions align with the existing language in the
Air Pollution Prevention and Control Act

provisions regarding permits (See 25-7-114.2. C.R.S.) These revisions
reflect how the Colorado construction permitting program has been
operated and implemented, and to ensure consistency with the governing
statute. These revisions will not change the timing of the requirement
to obtain a construction permit.
II.B--Transfer or Assignment of Ownership
(1) II.B
    Colorado revised Section II.B. to clarify that a transfer of
ownership form is due to the State within 30 days of the completion of
a transfer or assignment of ownership for re-issuing of existing
permits. The current language indicates that a ``prospective'' owner
must submit the transfer of ownership form, indicating that the form
must be submitted prior to acquisition. The revised language provides
clarity for sources about this requirement. The language has also been
modified to state that the requirements for compliance with existing
permitting requirements transfer to the new owner or operator when the
forms are submitted.
II.D.--Exemptions From Air Pollution Notice Requirements
(1) II.D.7
    Section II.D.7 was repealed to reflect the removal of Part A
Section II.A.2.a. Section II.D.7 provides that oil and gas exploration
and production operations that are required to obtain a construction
permit are not required to file an application for a construction
permit until they are required to file an APEN. This section was not
extended by the Colorado General Assembly and expired effective May 15,
2021; thus, it is no longer in Regulation Number 3. As a result, all
well production facilities must file for a construction permit prior to
commencement of operation, as stated in Part A, Section II.A.1.
III.B.--Application for a Construction Permit
(1) III.B.2
    The phrase ``or alternate forms required by the division'' was
added to this section to give owners or operators additional
application form options, as described in Regulation 3, Part
A.III.H.1.--General Construction Permits.
(2) III.I.2
    The term ``commence construction'' was replaced with the term
``construct, operate.'' This revision clarifies that an owner or
operator cannot operate a new or modified source until a general
construction permit is received.

C. Additional Exemptions Repealed and Clarifications in Parts A, B and
C

    (1) Part A, Section II.D.1.zzz and Part C, Section II.E.dddd
contain exemptions from filing an APEN and operating permit for venting
of natural gas lines for safety purposes. The revisions add that this
exemption does not apply to ``routine or predictable emissions at or
associated with a stationary source.''
    (2) The exemptions in Part A, Section II.D.1.uuu, Part B, Section
II.D.1.m, Part C, Section II.E.3.uu and II.E.3.yyy are being revised to
no longer exempt oil and gas production wastewater impoundments that
contain less than 1 percent by volume crude oil on an annual average
from APEN and reporting requirements.

III. Proposed Action

    Based on the above discussion, the EPA finds that the repealed and
revised sections of Colorado's air permitting regulations outlined in
Section II., as submitted by the State of Colorado on May 13, 2020,
will not interfere with attainment or maintenance of any national
ambient air quality standard (NAAQS) in the State and would not
interfere with any other applicable requirement of the CAA. Thus, we
are proposing to approve all SIP revisions in this proposed rulemaking,
as the revisions to Parts A, B and C corresponding to APEN,
construction permitting and operating permitting requirements do not
exceed or differ from the requirements of the CAA or Federal
regulations; in particular, as outlined below:
    (1) The statutory requirements under CAA section 110(a)(2)(c),
which requires states to include a minor NSR program in their SIP to
regulate modifications and new construction of stationary sources
within the area as necessary to assure the NAAQS are achieved;
    (2) The regulatory requirements under 40 CFR 51.160, including
Sec.  51.160(a), which require that the SIP include legally enforceable
procedures that enable a state or local agency to determine whether
construction or modification of a facility, building, structure or
installation, or a combination of these will result in a violation of
applicable portions of the control strategy; or interference with
attainment or maintenance of a national standard in the state in which
the proposed source (or modification) is located or in a neighboring
state; Sec.  51.160(b), which requires states to have legally
enforceable procedures to prevent construction or modification of a
source if it would violate any SIP control strategies or interfere with
attainment or maintenance of the NAAQS; and
    (3) The statutory requirements under CAA section 110(l), which
provides that EPA cannot approve a SIP revision if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress (RFP), or any other applicable requirement
of the CAA. Therefore, EPA will approve a SIP revision only after a
state has demonstrated that such a revision will not interfere
(``noninterference'') with attainment of the NAAQS, RFP or any other
applicable requirement of the CAA.
    EPA has determined that these revisions are approvable under CAA
110(a)(2)(C), 40 CFR 51.160-164 and CAA section 110(l). Therefore, we
are proposing to approve the revisions as submitted by the State of
Colorado on May 13, 2020.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the revisions described in Section II. of this
preamble. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 8
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve 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 (Public Law 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 proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 18, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-06172 Filed 3-22-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8536-8538]
[FR Doc No: 2018-03891]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82752; File No. SR-FINRA-2018-006]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Revise the Operations Professional (Series 99)
Examination

February 21, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 9, 2018, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``constituting a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule'' under Section
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing revisions to the content outline and selection
specifications for the Operations Professional (Series 99) examination
as part of the restructuring of the representative-level examination
program.\5\ The proposed revisions also update the material to reflect
changes to the laws, rules and regulations covered by the examination
and to incorporate the functions and associated tasks currently
performed by an Operations Professional. In addition, FINRA is
proposing to make changes to the format of the content outline. FINRA
is not proposing any textual changes to the By-Laws, Schedules to the
By-Laws or Rules of FINRA.
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    \5\ FINRA also is proposing corresponding revisions to the
Series 79 question bank. Based on instruction from SEC staff, FINRA
is submitting this filing for immediate effectiveness pursuant to
Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(1) thereunder, and
is not filing the question bank. See Letter to Alden S. Adkins,
Senior Vice President and General Counsel, NASD Regulation, from
Belinda Blaine, Associate Director, Division of Market Regulation,
SEC, dated July 24, 2000. The question bank is available for SEC
review.
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    The revised Series 99 content outline is attached.\6\ The revised
Series 99 selection specifications have been submitted to the
Commission under separate cover with a request for confidential
treatment pursuant to SEA Rule 24b-2.\7\
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    \6\ The Commission notes that the content outline is attached to
the filing, not to this Notice.
    \7\ 17 CFR 240.24b-2.
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    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room. [sic]

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

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Section 15A(g)(3) of the Act \8\ authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. In accordance with that provision, FINRA
has developed examinations that are designed to establish that persons
associated with FINRA members have attained specified levels of
competence and knowledge, consistent with applicable registration
requirements under FINRA rules. FINRA periodically reviews the content
of the examinations to determine whether revisions are necessary or
appropriate in view of changes pertaining to the subject matter covered
by the examinations.
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    \8\ 15 U.S.C. 78o-3(g)(3).
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    The SEC recently approved a proposed rule change to restructure the
FINRA representative-level qualification examination program.\9\ The
rule change, which will become effective on October 1, 2018,\10\
restructures the examination program into a new format whereby all new
representative-level applicants will be required to take a general
knowledge examination (the Securities Industry Essentials or
SIETM) and a tailored, specialized knowledge examination (a
revised representative-level qualification examination) for their
particular registered role.
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    \9\ See Securities Exchange Act Release No. 81098 (July 7,
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
    \10\ See Regulatory Notice 17-30 (SEC Approves Consolidated
FINRA Registration Rules, Restructured Representative-Level
Qualification Examinations and Changes to Continuing Education
Requirements) (October 2017).
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    The restructured program eliminates duplicative testing of general
securities knowledge on the current representative-level qualification
examinations by moving such content into the SIE examination.\11\ The
SIE examination will test fundamental securities-related knowledge,
including knowledge of basic products, the structure and function of
the securities industry, the regulatory agencies and their functions
and regulated and prohibited practices, whereas the revised
representative-level qualification examinations will test knowledge
relevant to day-to-day activities, responsibilities and job functions
of representatives.\12\
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    \11\ Each of the current representative-level examinations
covers general securities knowledge, with the exception of the
Research Analyst (Series 86 and 87) examinations.
    \12\ FINRA filed the SIE content outline with the SEC for
immediate effectiveness. See Securities Exchange Act Release No.
82578 (January 24, 2018), 83 FR 4375 (January 30, 2018) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-002).
In addition to the proposed rule change relating to the revised
Series 79 examination, FINRA will file with the Commission for
immediate effectiveness the content outlines for the other revised
representative-level qualification examinations.
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    As part of the restructuring process and in consultation with a
committee of industry representatives, FINRA undertook a review of the
Operations Professional (Series 99) examination to remove the general
securities knowledge currently covered on the examination and to create
a tailored examination to test knowledge relevant to the day-to-day
activities, responsibilities and job functions of an Operations
Professional. As a result of this review, FINRA also is proposing to
revise the Series 99 content outline to reflect changes to the laws,
rules and regulations covered by the examination and to incorporate the
functions and associated tasks currently performed by an Operations
Professional. The proposed change will align the organization of the
Series 99 content outline with the organization of the content outlines
of the other revised

representative-level examinations.\13\ In addition, FINRA is proposing
to make other changes to the format of the Series 99 content outline.
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    \13\ FINRA currently has organized several FINRA qualification
examinations, such as the Securities Trader (Series 57) examination,
based on the functions that are performed by the respective
registered persons and the associated tasks. FINRA is proposing
similar layouts for all of the representative-level examinations,
including the Series 79 examination.
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    Beginning on October 1, 2018, new applicants seeking to register as
Operations Professionals must pass the SIE examination and the revised
Operations Professional (Series 99) examination.
Current Content Outline
    The current Series 99 content outline is divided into three
sections. The following are the three sections, denoted Section 1
through Section 3, with the associated number of questions:
    Section 1: Basic Knowledge Associated With the Securities Industry,
32 questions;
    Section 2: Basic Knowledge Associated With Broker-Dealer
Operations, 48 questions; and
    Section 3: Professional Conduct and Ethical Considerations, 20
questions.
    In addition, each section includes references to the applicable
laws, rules and regulations associated with that section. The current
content outline also includes a preface (addressing, among other
things, the purpose, administration and scoring of the examination),
sample questions and reference materials.
Revised Content Outline
    As noted above, FINRA is proposing to move the general securities
knowledge currently covered on the Series 99 examination to the SIE
examination. For example, FINRA Rule 3220 (Influencing or Rewarding
Employees of Others) (the Gifts Rule) will now be tested on the SIE
examination, rather than on the Series 99 examination. As a result, the
revised Series 99 examination will test knowledge specific to the day-
to-day activities, responsibilities and job functions of an Operations
Professional.
    Further, FINRA is proposing to reorganize the content outline by
dividing it into two major job functions that are performed by an
Operations Professional. The following are the two major job functions,
denoted Function 1 and Function 2, with the associated number of
questions:
    Function 1: Knowledge Associated With the Securities Industry and
Broker-Dealer Operations, 35 questions; and
    Function 2: Professional Conduct and Ethical Considerations, 15
questions.
    FINRA also is proposing to adjust the number of questions assigned
to each major job function to ensure that the overall examination
better reflects the key tasks performed by an Operations Professional.
The questions on the revised Series 99 examination will place emphasis
on tasks such as broker-dealer operations.
    Each function also includes specific tasks describing activities
associated with performing that function. There are nine tasks (1.1-
1.9) associated with Function 1 \14\ and four tasks (2.1-2.4)
associated with Function 2.\15\ For example, one such task (Task 1.1)
is opening and maintaining accounts.\16\ Further, the content outline
lists the knowledge required to perform each function and associated
tasks (e.g., types of retail, institutional and prime brokerage
customer accounts). In addition, where applicable, the content outline
lists the laws, rules and regulations a candidate is expected to know
to perform each function and associated tasks (e.g., SEA Rule 15c3-3
(Customer Protection--Reserves and Custody of Securities)).
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    \14\ See Exhibit 3a, Outline Pages 3-7. The outline is attached
as Exhibit 3a to the 19b-4 form.
    \15\ See Exhibit 3a, Outline Pages 8-9.
    \16\ See Exhibit 3a, Outline Page 3.
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    FINRA also is proposing to revise the content outline to reflect
changes to the laws, rules and regulations covered by the examination.
Among other revisions, FINRA is proposing to revise the content outline
to reflect the adoption of rules in the consolidated FINRA rulebook
(e.g., FINRA Rule 3120 (Supervisory Control System) replaces NASD Rule
3012 (Supervisory Control System)).\17\
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    \17\ See Rule Conversion Chart, available at http://www.finra.org/industry/finra-rule-consolidation.
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    FINRA is proposing similar changes to the Series 99 selection
specifications and question bank.
    Finally, FINRA is proposing to make other changes to the format of
the content outline, including to the preface, sample questions and
reference materials.\18\ Among other changes, FINRA is proposing to:
(1) Reduce the preface to one page of introductory information; (2)
streamline details regarding the purpose of the examination; (3) move
the application procedures to FINRA's website; and (4) explain that the
passing score is established using a standard setting procedure, and
that a statistical adjustment process known as equating is used in
scoring the examination.\19\
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    \18\ FINRA is proposing similar changes to the content outlines
for other representative-level examinations.
    \19\ See Exhibit 3a, Outline Pages 2.
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    As a result of the proposed changes, the number of scored questions
on the Series 99 examination will be reduced from 100 questions to 50
questions.\20\ Further, the test time, which is the amount of time
candidates will have to complete the examination, will be reduced from
two hours and 30 minutes to one hour and 30 minutes. Currently, a score
of 68 percent is required to pass the examination. FINRA will publish
the passing score of the revised Series 99 examination on its website,
at www.finra.org, prior to its first administration.
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    \20\ Consistent with FINRA's practice of including ``pretest''
questions on examinations, the Series 99 examination includes five
additional, unidentified pretest questions that do not contribute
towards the candidate's score. The pretest questions are designed to
ensure that new examination questions meet acceptable testing
standards prior to use for scoring purposes. Therefore, the Series
99 examination actually consists of 55 questions, 50 of which are
scored. The five pretest questions are randomly distributed
throughout the examination.
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Availability of Content Outline
    The current Series 99 content outline is available on FINRA's
website. The revised Series 99 content outline will replace the current
content outline on FINRA's website, and it will be made available on
the website on the date of this filing.
    FINRA is filing the proposed rule change for immediate
effectiveness. The implementation date will be October 1, 2018, to
coincide with the implementation of the restructured representative-
level examination program. FINRA will also announce the implementation
date of the proposed rule change in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the proposed revisions to the Series 99
examination program are consistent with the provisions of Section
15A(b)(6) of the Act,\21\ which requires, among other things, that
FINRA rules must be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and, in general, to protect investors and the public interest, and
Section 15A(g)(3) of the Act,\22\ which authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. The proposed rule change will improve
the examination program, without compromising the qualification
standards, by removing the general

knowledge content currently covered on the Series 99 examination, since
that content will be covered in the co-requisite SIE examination. In
addition, the proposed revisions will further the purposes of the Act
by updating the examination program to reflect changes to the laws,
rules and regulations covered by the examination and to incorporate the
functions and associated tasks currently performed by an Operations
Professional.
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    \21\ 15 U.S.C. 78o-3(b)(6).
    \22\ 15 U.S.C. 78o-3(g)(3).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The updated examination aligns
with the functions and associated tasks currently performed by an
Operations Professional and tests knowledge of the most current laws,
rules, regulations and skills relevant to those functions and
associated tasks. As such, the proposed revisions would make the
examination more effective. FINRA also provided a detailed economic
impact assessment regarding the introduction of the SIE examination and
the restructuring of the representative-level examinations as part of
the proposed rule change to restructure the FINRA representative-level
qualification examination program.\23\
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    \23\ See Securities Exchange Act Release No. 80371 (April 4,
2017), 82 FR 17336 (April 10, 2017) (Notice of Filing of File No.
SR-FINRA-2017-007).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \24\ and paragraph (f)(1) of Rule 19b-4
thereunder.\25\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(1).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-FINRA-2018-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2018-006. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2018-006 and should be submitted
on or before March 20, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03891 Filed 2-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Notices]
[Page 10605-10607]
[DOCID:fr25fe11-72]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0597]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Index of Legally
Marketed Unapproved New Animal Drugs for Minor Species

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
28, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0620.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Johnny Vilela, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Index of Legally Marketed Unapproved New Animal Drugs for Minor
Species--21 CFR Part 516 (OMB Control Number 0910-0620)--Extension

    The Minor Use and Minor Species Animal Health Act of 2004 (MUMS
Act) amended the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to
authorize FDA to establish new regulatory procedures intended to make
more medications legally available to veterinarians and animal owners
for the treatment of minor animal species (species other than cattle,
horses, swine, chickens, turkeys, dogs, and cats), as well as uncommon
diseases in major animal species.
    The MUMS Act created three new sections in the FD&C Act (sections
571, 572, and 573 (21 U.S.C. 360ccc, 360ccc-1, and 360ccc-2)). The
final rule (72 FR 69108, December 6, 2007) (the December 2007 final
rule) implements section 572 of the FD&C Act that provides for an index
of legally marketed unapproved new animal drugs for minor species.
Participation in any part of the MUMS program is optional so the
associated paperwork only applies to those who choose to participate.
The December 2007 final rule specifies, among other things, the
criteria and procedures for requesting eligibility for indexing and for
requesting addition to the index as well as the annual reporting
requirements for index holders.
    Under the new subpart C of part 516 (21 CFR part 516), Sec.
516.119 provides requirements for naming a permanent-resident U.S.
agent by foreign drug companies, and Sec.  516.121 provides for
informational meetings with FDA. Section 516.123 provides requirements
for requesting informal conferences regarding Agency administrative
actions and Sec.  516.125 provides for investigational use of new
animal drugs intended for indexing. Provisions for requesting a
determination of eligibility for indexing can be found under Sec.
516.129 and provisions for subsequent requests for addition to the
index can be found under Sec.  516.145. A description of the written
report required in Sec.  516.145 can be found under Sec.  516.143.
Under Sec.  516.141 are provisions for drug companies to nominate a
qualified expert panel as well as the panel's recordkeeping
requirements. Section 516.141 also calls for the submission of a
written conflict of interest statement to FDA by each proposed panel
member. Index holders are able to modify their index listing under
Sec.  516.161 or change drug ownership under Sec.  516.163.
Requirements for records and reports are under Sec.  516.165.
    In the Federal Register of December 3, 2010 (75 FR 75481), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received no comments.
    Description of Respondents: Pharmaceutical companies that sponsor
new animal drugs.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
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                                                      Annual
         21 CFR section               No. of       frequency per   Total annual      Hours per      Total hours
                                    respondents      response        responses       response
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516.119.........................               2               1               2               1               2
516.121.........................              30               2              60               4             240
516.123.........................               3               1               3               8              24
516.125.........................               2               3               6              20             120
516.129.........................              30               2              60              20           1,200
516.141.........................              20               1              20              16             320
516.143.........................              20               1              20             120           2,400
516.145.........................              20               1              20              20             400
516.161.........................               1               1               1               4               4
516.163.........................               1               1               1               2               2
516.165.........................              10               2              20               8             160
    Total.......................  ..............  ..............  ..............  ..............           4,872
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                      Annual
         21 CFR section               No. of       frequency per   Total annual      Hours per      Total hours
                                   recordkeepers   recordkeeper       records      recordkeeper
----------------------------------------------------------------------------------------------------------------
516.141.........................              30               2              60             0.5              30
516.165.........................              10               2              20               1              20
    Total.......................  ..............  ..............  ..............  ..............              50
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: February 18, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-4219 Filed 2-24-11; 8:45 am]
BILLING CODE 4160-01-P