[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Rules and Regulations]
[Page 34611-34613]
[DOCID:fr18jn08-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0393 Directorate Identifier 2008-CE-011-AD;
Amendment 39-15533; AD 2008-11-11]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited Model DHC-2 Series
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Cracks have been reported in the front spar center web of the
tailplane at the pick-up bracket and at lightening holes. If not
detected early and repaired, these cracks may lead to failure of the
tailplane.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 23, 2008.
    On July 23, 2008, the Director of the Federal Register approved the
incorporation by reference of Viking DHC-2 Beaver Service Bulletin 2/
47, Revision E, dated January 23, 2007, listed in this AD.
    As of December 15, 1992 (57 FR 53254, November 9, 1992), the
Director of the Federal Register approved the incorporation by
reference of deHavilland Technical News Sheet B55, dated August 1,
1952; and Bombardier de Havilland DHC-2 (Beaver) Service Bulletin 2/47
Revision C, revised September 4, 1992, listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the Docket Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Pong Lee, Aerospace Engineer, FAA, New
York Certification Office, 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 2, 2008 (73 FR
17937), and proposed to supersede AD 92-24-02, Amendment 39-8407 (57 FR
53254, November 9, 1992). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:

    Cracks have been reported in the front spar center web of the
tailplane at the pick-up bracket and at lightening holes. If not
detected early and repaired, these cracks may lead to failure of the
tailplane. This revision is issued to reflect the new requirement to
inspect the tailplane front spar web behind the pick-up brackets
using fluorescent penetrant inspection (FPI) instead of the visual
inspection method used previously.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect 396 products of U.S. registry. We also estimate that it will
take about 10 work-hours per product to comply with basic requirements
of this AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $316,800 or $800 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 48 work-hours and require parts costing $1,854, for a cost
of $5,694 per product. We have no way of determining the number of
products that may need these actions.

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 determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-8407 (57 FR
53254, November 9, 1992), and adding the following new AD:

2008-11-11 Viking Air Limited: Amendment 39-15533; Docket No. FAA-
2008-0393; Directorate Identifier 2008-CE-011-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 23,
2008.

Affected ADs

    (b) This AD supersedes AD 92-24-02, Amendment 39-8407.

Applicability

    (c) This AD applies to Models DHC-2 Mk. I, DHC-2 Mk. II, and
DHC-2 Mk. III airplanes, all serial numbers, certificated in any
category.

Subject

    (d) Air Transport Association of America (ATA) Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Cracks have been reported in the front spar center web of the
tailplane at the pick-up bracket and at lightening holes. If not
detected early and repaired, these cracks may lead to failure of the
tailplane. This revision is issued to reflect the new requirement to
inspect the tailplane front spar web behind the pick-up brackets
using fluorescent penetrant inspection (FPI) instead of the visual
inspection method used previously.

Actions and Compliance

    (f) Unless already done, do the following:
    (1) For airplanes with cracks that have been previously repaired
with stop-drilled holes: Within the next 12 calendar months after
December 15, 1992 (the compliance date retained from AD 92-24-02),
replace the tailplane front spar following Bombardier de Havilland
DHC-2 (Beaver) Service Bulletin 2/47 Revision C, revised September
4, 1992.
    (2) For airplanes with lightening holes (without modification 2/
466): Within the next 200 hours time-in-service (TIS) after December
15, 1992 (the compliance date retained from AD 92-24-02), visually
inspect the front spar web in the area of the lightening holes for
cracks between the pickup brackets.
    (i) If cracks are found, before further flight, incorporate
Modification 2/466: installation of tailplane front spar without
lightening holes, following Bombardier de Havilland DHC-2 (Beaver)
Service Bulletin 2/47 Revision C, revised September 4, 1992; or
Viking DHC-2 Beaver Service Bulletin 2/47, Revision E, dated January
23, 2007.
    (ii) If cracks are not found, within the next 24 calendar months
after December 15, 1992 (the compliance date retained from AD 92-24-
02), incorporate Modification 2/466: installation of tailplane front
spar without lightening holes, following Bombardier de Havilland
DHC-2 (Beaver) Service Bulletin 2/47 Revision C, revised September
4, 1992; or Viking DHC-2 Beaver Service Bulletin 2/47, Revision E,
dated January 23, 2007.

    Note 1: Modification 2/466, installation of tailplane front spar
without lightening holes, is referenced in AD 92-24-02 and
Bombardier de Havilland DHC-2 (Beaver) Service Bulletin 2/47
Revision C, revised September 4, 1992; and Viking DHC-2 Beaver
Service Bulletin 2/47, Revision E, dated January 23, 2007.
Accomplishment of AD 92-24-02 or this AD incorporates modification
2/466.

    (3) For the following airplanes: Within the next 24 calendar
months after December 15, 1992 (the compliance date retained from AD
92-24-02), do the following:
    (i) For airplanes having serial numbers (S/Ns) 1 through 100:
Install longer pick-up brackets (modification 2/436) following
deHavilland Technical News Sheet B55, dated August 1, 1952.

    Note 2: Modification 2/436 was incorporated at manufacture on
airplanes beginning with S/N 101. Other airplanes may have
incorporated this modification in the field.

    (ii) For airplanes having S/N 1 through 317: Install a gusset
plate on the rear face at each of the pick-up brackets (modification
2/758) following deHavilland Technical News Sheet B55, dated August
1, 1952.

    Note 3: Modification 2/758 was incorporated at manufacture on
airplanes beginning with S/N 318. Other airplanes may have
incorporated this modification in the field.

    (4) For all airplanes: Within 200 hours time-in-service (TIS)
after July 23, 2008 (the effective date of this AD) and repetitively
thereafter at intervals not to exceed every 24 months, remove the
tailplane front spar pick-up brackets and do a fluorescent penetrant
inspection of the tailplane front spar web for cracks in the area of
the pick-up brackets following Appendix A of Viking DHC-2 Beaver
Service Bulletin 2/47, Revision E, dated January 23, 2007.
    (5) For all airplanes: If during any of the inspections required
in paragraph (f)(4) of this AD cracks are found, before further
flight, replace the tailplane front spar following Viking DHC-2
Beaver Service Bulletin 2/47, Revision E, dated January 23, 2007.
The 24-month repetitive fluorescent penetrant inspection is still
required.

    Note 4: The replacement and modifications required by this AD do
not terminate the 24-month repetitive fluorescent penetrant
inspection required by paragraph (f)(4) of this AD.

    (6) For all airplanes: If any cracks are found as a result of
the inspections required by this AD, use the following contact
information to report your results: Viking Air Limited, Technical
Support, 9574 Hampden road, Sidney, British-Columbia, Canada, V8L
5V5; telephone: regional<PHONE_NUMBER>, North America 1-800-0663-
8444, or international 1-800-6727-6727; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>

FAA AD Differences

    Note 5: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Pong Lee, Aerospace
Engineer, FAA, New York Certification Office, 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax:
(516) 794-5531. Before using any approved AMOC on any airplane to
which the AMOC applies, notify your appropriate principal inspector
(PI) in the FAA Flight Standards District Office (FSDO), or lacking
a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to Transport Canada AD CF-1991-42R1, dated March 13,
2007; and Viking DHC-2 Beaver Service Bulletin No. 2/47, Revision E,
dated January 23, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Bombardier de Havilland DHC-2 (Beaver) Service
Bulletin 2/47 Revision C, revised September 4, 1992; deHavilland
Technical News Sheet B55, dated August 1, 1952; and Viking DHC-2
Beaver Service Bulletin 2/47, Revision E, dated January 23, 2007, to
do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of Viking DHC-2 Beaver Service Bulletin
2/47, Revision E, dated January 23, 2007, under 5 U.S.C. 552(a) and
1 CFR part 51.
    (2) On December 15, 1992 (57 FR 53254, November 9, 1992), the
Director of the Federal Register previously approved the
incorporation by reference of deHavilland Technical News Sheet B55,
dated August 1, 1952; and Bombardier de Havilland DHC-2 (Beaver)
Service Bulletin 2/47 Revision C, revised September 4, 1992.
    (3) For service information identified in this AD, contact
Viking Air Limited, 9574 Hampden Road, Sidney, B.C., Canada V8L 5V5
or R.W. Martin, Inc., 37552 Winchester Road, Hangar 20, Murrieta,
California 92563.
    (4) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 10, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8-13478 Filed 6-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5667-5668]
[FR Doc No: 2019-03071]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0298; FRL-9988-36-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Industrial, Commercial, and
Institutional Boilers Area Sources (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Industrial,
Commercial, and Institutional Boilers Area Sources (EPA ICR No.
2253.04, OMB Control No. 2060-0668), to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. This is a proposed extension of the ICR, which was
previously approved through October 31, 2018. Public comments were
previously requested, via the Federal Register, on October 1, 2018
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may neither conduct nor sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before March 25,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0298, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The NESHAP for Industrial, Commercial, and Institutional
Boilers Area Sources (40 CFR part 63, subpart JJJJJJ) affects new and
existing industrial, commercial, and institutional boilers that are
located at or part of area sources of hazardous air pollutants (HAP).
The standard contains six subcategories: Existing boilers designed to
burn biomass, coal, or liquid fuels and new boilers designed to burn
biomass, coal, or liquid fuels. The information collection activities
include initial and annual stack tests, fuel analyses, operating
parameter monitoring, biennial tune-ups, one-time energy audits, one-
time and periodic reports, and maintenance of records. Varying levels
of requirements apply to each subcategory. The information collection
activities will enable EPA to determine initial and continuous
compliance with emission standards for regulated pollutants, and ensure
that facilities conduct proper planning, operation, and unit
maintenance. The provisions of Section 114(a)(1) of the Clean Air Act,
42 U.S.C. 7414(a)(1) provide the broad authority for the reporting of
compliance monitoring and enforcement information, along with Subpart
Q--Reports in 40 CFR 51: Sections 51.324(a) and (b), and 51.327.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of industrial,
commercial, or institutional boilers.
    Respondent's obligation to respond: Mandatory (40 CFR 63, subpart
JJJJJJ).
    Estimated number of respondents: 100,374 (total).
    Frequency of response: Initially, biennially, semiannually and
annually.
    Total estimated burden: 1,830,000 hours (per year). Burden is
defined at 5 CFR 1320.3(b).
    Total estimated cost: Total annual labor costs are $208,000,000
(per year), and annualized capital or operation & maintenance costs are
$132,000,000.
    Changes in the Estimates: There is an increase in the total
estimated burden previously identified in the OMB Inventory of Approved
Burdens. This increase is not due to any program changes. The change in
burden and cost estimates occurred because the number of respondents
has increased, resulting in an increase in the number of responses and
the total respondent labor hours. This ICR reflects the on-going burden
and costs for existing facilities and the costs to new facilities and
includes new estimates of `burden' for existing sources to
refamiliarize themselves with the rule provisions each year, which is
estimated at one hour per source per year. The overall result is an
increase in burden hours and costs.
    There is also an increase in total annual capital/startup and O&M
costs as compared to the previous ICR. This increase is attributed to
the fact that new facilities complying with the rules have initial
compliance costs. All existing facilities will have on-going O&M costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-03071 Filed 2-21-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46528-46530]
[FR Doc No: 2018-19882]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-586, OMB Control No. 3235-0647]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 204

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information provided for in Rule 204 (17 CFR 242.204) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    Rule 204(a) provides that a participant of a registered clearing
agency must deliver securities to a registered clearing agency for
clearance and settlement on a long or short sale in any equity security
by settlement date, or if a participant of a registered clearing agency
has a fail to deliver position at a registered clearing agency in any
equity security for a long or short sale transaction in the equity
security, the participant shall, by no later than the beginning of
regular trading hours on the applicable close-out date, immediately
close out its fail to deliver positions by borrowing or purchasing
securities of like kind and quantity. For a short sale transaction, the
participant must close out a fail to deliver by no later than the
beginning of regular trading hours on the settlement day following the
settlement date. If a participant has a fail to deliver that the
participant can demonstrate on its books and records resulted from a
long sale, or that is attributable to bona-fide market making
activities, the participant must close out the fail to deliver by no
later than the beginning of regular trading hours on the third
consecutive settlement day following the settlement date. Rule 204 is
intended to help further the Commission's goal of reducing fails to
deliver by maintaining the reductions in fails to deliver achieved by
the adoption of temporary Rule 204T, as well as other actions taken by
the Commission. In addition, Rule 204 is intended to help further the
Commission's goal of addressing potentially abusive ``naked'' short
selling in all equity securities.
    The information collected under Rule 204 will continue to be
retained and/or provided to other entities pursuant to the specific
rule provisions and will be available to the Commission and self-
regulatory organization (``SRO'') examiners upon request. The
information collected will continue to aid the Commission and SROs in
monitoring compliance with these requirements. In addition, the
information collected will aid those subject to Rule 204 in complying
with its requirements. These collections of information are mandatory.
    Several provisions under Rule 204 will impose a ``collection of
information'' within the meaning of the Paperwork Reduction Act.
    I. Allocation Notification Requirement: As of December 31, 2017,

there were 3,893 registered broker-dealers. Each of these broker-
dealers could clear trades through a participant of a registered
clearing agency and, therefore, become subject to the notification
requirements of Rule 204(d). If a participant allocates a fail to
deliver position to a broker or dealer pursuant to Rule 204(d), the
broker or dealer that has been allocated the fail to deliver position
in an equity security must determine whether or not such fail to
deliver position was closed out in accordance with Rule 204(a). If such
broker or dealer does not comply with the provisions of Rule 204(a),
such broker or dealer must immediately notify the participant that it
has become subject to the requirements of Rule 204(b). We estimate that
a broker or dealer could have to make such determination and
notification with respect to approximately 1.76 equity securities per
day.\1\ We estimate a total of 1,719,772 potential notifications in
accordance with Rule 204(d) across all registered broker-dealers (that
could be allocated responsibility to close out a fail to deliver
position) per year (3,893 registered broker-dealers notifying
participants once per day \2\ on 1.76 equity securities, multiplied by
251 trading days in 2017). The total estimated annual burden hours per
year will be approximately 275,164 burden hours (1,719,772 multiplied
by 0.16 hours/notification).
---------------------------------------------------------------------------

    \1\ The Commission's Division of Economic and Risk Analysis
(``DERA'') estimates that there were approximately 6,868 average
daily fail to deliver positions during 2017. Across 3,893 registered
broker-dealers, the number of securities per registered broker-
dealer per trading day is approximately 1.76 equity securities.
    \2\ Because failure to comply with the close-out requirements of
Rule 204(a) is a violation of the rule, we believe that a broker or
dealer would make the notification to a participant that it is
subject to the borrowing requirements of Rule 204(b) at most once
per day.
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    II. Demonstration Requirement for Fails to Deliver on Long Sales:
As of December 5, 2017, there were 132 participants of NSCC that were
registered as broker-dealers. If a participant of a registered clearing
agency has a fail to deliver position in an equity security at a
registered clearing agency and determined that such fail to deliver
position resulted from a long sale, we estimate that a participant of a
registered clearing agency will have to make such determination with
respect to approximately 33 securities per day.\3\ We estimate a total
of 1,093,356 potential demonstrations in accordance with Rule 204(a)(1)
across all broker-dealer participants per year (132 participants
checking for compliance once per day on 33 securities, multiplied by
251 trading days in 2017). The total approximate estimated annual
burden hour per year will be approximately 174,937 burden hours
(1,093,356 multiplied by 0.16 hours/documentation).
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    \3\ DERA estimates that during 2017 approximately 62.93% of
trade volume was long. DERA estimates that there were approximately
6,868 average daily fail to deliver positions during 2017. Across
132 broker-dealer participants of the NSCC, the number of securities
per participant per day is approximately 52 equity securities.
62.93% of 52 equity securities per trading day equals approximately
33 securities per day.
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    III. Pre-Borrow Notification Requirement: As of December 5, 2017,
there were 132 participants of NSCC that were registered as broker-
dealers. If a participant of a registered clearing agency has a fail to
deliver position in an equity security, the participant must determine
whether or not the fail to deliver position was closed out in
accordance with Rule 204(a). We estimate that a participant of a
registered clearing agency will have to make such determination with
respect to approximately 52 equity securities per day.\4\ We estimate a
total of 1,722,864 potential notifications in accordance with Rule
204(c) across all participants per year (132 broker-dealer participants
notifying broker-dealers once per day on 52 securities, multiplied by
251 trading days in 2017). The total estimated annual burden hours per
year will be approximately 275,658 burden hours (1,722,864 multiplied
by 0.16 hours/documentation).
---------------------------------------------------------------------------

    \4\ See supra note 3.
---------------------------------------------------------------------------

    IV. Certification Requirement: As of December 31, 2017, there were
3,893 registered broker-dealers. Each of these broker-dealers may clear
trades through a participant of a registered clearing agency. If the
broker-dealer determines that it has not incurred a fail to deliver
position on settlement date for a long or short sale in an equity
security for which the participant has a fail to deliver position at a
registered clearing agency or has purchased or borrowed securities in
accordance with the pre-fail credit provision of Rule 204(e), we
estimate that a broker-dealer could have to make such determination
with respect to approximately 1.76 securities per day.\5\ We estimate
that registered broker-dealers could have to certify to the participant
that it has not incurred a fail to deliver position on settlement date
for a long or short sale in an equity security for which the
participant has a fail to deliver position at a registered clearing
agency or, alternatively, that it is in compliance with the
requirements set forth in the pre-fail credit provision of Rule 204(e),
1,719,772 times per year (3,893 registered broker-dealers certifying
once per day on 1.76 securities, multiplied by 251 trading days in
2017). The total approximate estimated annual burden hour per year will
be approximately 275,164 burden hours (1,719,772 multiplied by 0.16
hours/certification).
---------------------------------------------------------------------------

    \5\ See supra note 1.
---------------------------------------------------------------------------

    V. Pre-Fail Credit Demonstration Requirement: As of December 31,
2017, there were 3,893 registered broker-dealers. If a broker-dealer
purchased or borrowed securities in accordance with the conditions
specified in Rule 204(e) and determined that it had a net long position
or net flat position on the settlement day for which the broker-dealer
is claiming pre-fail credit, we estimate that a broker-dealer could
have to make such determination with respect to approximately 1.76
securities per day.\6\ We estimate that registered broker-dealers could
have to demonstrate on its books and records that it has a net long
position or net flat position on the settlement day for which the
broker-dealer is claiming pre-fail credit, 1,719,772 times per year
(3,893 registered broker-dealers checking for compliance once per day
on 1.76 equity securities, multiplied by 251 trading days in 2017). The
total approximate estimated annual burden hours per year will be
275,164 burden hours (1,719,772 multiplied by 0.16 hours/
demonstration).
---------------------------------------------------------------------------

    \6\ See supra note 1.
---------------------------------------------------------------------------

    The total aggregate annual burden for the collection of information
undertaken pursuant to all five provisions is thus 1,276,087 hours per
year (275,164 + 174,937 + 275,658 + 275,164 + 275,164).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information

under the PRA unless it displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Candace Kenner, 100 F Street NE, Washington DC 20549 or send an email
to: [email protected].

    Dated: September 7, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-19882 Filed 9-12-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Page 12777]
[FR Doc No: 2016-05345]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-08]

Petition for Exemption; Summary of Petition Received; Amazon.com

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before March 30, 2016.

ADDRESSES: Send comments identified by docket number FAA-2014-0474
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Ngo,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on March 3, 2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2014-0474.
    Petitioner: Amazon.com.
    Section(s) of 14 CFR Affected: 91.119(c).
    Description of Relief Sought: The petitioner requests to conduct
commercial UAS operations within 500 feet of any person, vessel,
vehicle, or structure in a manner consistent with 14CFR 91.119(c).

[FR Doc. 2016-05345 Filed 3-9-16; 8:45 am]
 BILLING CODE 4910-13-P


Direct emissions means those emissions of a criteria 106 pollutant or its precursors that are caused or initiated by the Federal action and occur at the same time and place as the action and are reasonably foreseeable.

Emergency means a situation where extremely quick action on the part of the Federal agencies involved is needed and where the timing of such Federal activities makes it impractical to meet the requirements of this subpart, because of events such as natural disasters ( e. g., hurricanes or earthquakes), civil disturbances ( e. g., riots and terrorist acts), or acts of war.

Emission Inventory is a listing of information on the location, type of source, type and quantity of pollutant emitted as well as other parameters of the emissions.

* * * * *

EPA means the U. S. Environmental Protection Agency.

*.* * * *

Local air quality modeling analysis means an assessment of localized impacts on a scale smaller than the entire nonattainment or maintenance area, including,

for example, congested roadway intersections and highways or transit terminals, which uses an air quality dispersion model, e. g., Industrial Source Complex Model or Emission and Dispersion Model System, to determine the effects of emissions on air quality. 107 Maintenance area means an area that was designated as nonattainment and has been re designated in 40 CFR part 81 to attainment, meeting the provisions of section 107( d)( 3)( E) of the Act and has a maintenance plan approved under section 175A of the Act.

* * * * *

Mitigation measure means any method of reducing emissions of the pollutant or its precursor taken at the location of the Federal action and used to reduce the impact of the emissions of that pollutant caused by the action.

National ambient air quality standards ( NAAQS) are those standards established pursuant to section 109 of the Act and include standards for carbon monoxide ( CO), lead ( Pb), nitrogen dioxide ( NO2), ozone, particulate matter ( PM 10 and PM2.5), and sulfur dioxide ( SO2).

National Security means activities for the national defense, homeland security and foreign relations of the United States.

* * * * *

Precursors of a criteria pollutant are:

( 1) * * *

( 2) * * *

( 3) For PM2.5: 108 ( i) Sulfur dioxide ( SO2) in all PM2.5 nonattainment and maintenance areas,

( ii) Nitrogen oxides in all PM2.5 nonattainment and maintenance areas unless both the State and EPA determine that it is not a significant precursor, and ( iii) Volatile organic compounds ( VOC) and ammonia ( NH3) only in PM2.5 nonattainment or maintenance areas where either the State or EPA determines that they are significant precursors.

Reasonably foreseeable emissions are projected future direct and indirect emissions that are identified at the time the conformity determination is made; the location of such emissions is known and the emissions are quantifiable; as described and documented by the Federal agency based on its own information and after reviewing any information presented to the Federal agency.

* * * * *

Take or start the Federal action means the date that the Federal agency signs or approves the permit, license,

grant or contract or otherwise begins the Federal action that requires a conformity evaluation under this subpart.

Tribal implementation plan ( TIP) means a plan to implement the national ambient air quality standards adopted by a federally recognized Indian Tribal government 109 determined to be eligible under 40 CFR 49.9 and the plan has been approved by EPA.

* * * * *

5. Section 93.153 is amended by revising the title of the section; revising paragraphs ( b), ( c)( 1),

( c)( 2)( iii), ( d), ( e)( 2), ( f), ( g)( 1), ( g)( 3), ( h), ( i)

( j), and ( k),.

§ 93.153 Applicability analysis.

* * * * *

( b) For Federal actions not covered by paragraph ( a)

of this section, a conformity determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions in a nonattainment or maintenance area caused by a Federal action would equal or exceed any of the rates in paragraphs ( b)( 1) or ( 2) of this section.

( 1) For purposes of paragraph ( b) of this section,

the following rates apply in nonattainment areas ( NAA's): 110 Tons/ year Ozone ( VOC's or NOx):

Serious NAA's 50 Severe NAA's 25 Extreme NAA's 10 Other ozone NAA's outside an ozone transport region 100 Other ozone NAA's inside an ozone transport region:

VOC 50 NOx. 100 Carbon monoxide: All NAA's. 100 SO2 or NO2: All NAA's 100 PM 10:

Moderate NAA's 100 Serious NAA's 70 PM2.5 Direct emissions 100 SO2 100 NOx ( unless determined not to be significant precursors) 100 VOC or ammonia ( if determined to be significant precursors) 100 Pb: All NAA's 25 ( c) The requirements of this subpart shall not apply to the following Federal actions:

( 1) Actions where the total direct and indirect emissions are below the emissions levels specified in paragraph ( b) of this section. 111 ( 2) * * *

( iii) Procedures for rulemaking and policy development and issuance.

* * * * *

( d) * * *

( 1) The portion of an action that includes major or minor new or modified stationary sources that require a permit under the new source review ( NSR) program ( section 173 of the Act) or the prevention of significant deterioration program ( title I, part C of the Act).

( 2) Actions in response to emergencies which are commenced on the order of hours or days after the emergency and, if applicable, which meet the requirements of paragraph ( e) of this section.

* * * * *

( e) * * *

( 1) * * *

( 2) For actions which are to be taken after those actions covered by paragraph ( e)( 1) of this section, the Federal agency makes a new determination as provided in paragraph ( e)( 1) of this section and:

( i) provides a draft copy of the written determinations required to affected EPA Regional office( s), the affected State( s) and/ or air pollution 112 control agencies, and any Federal recognized Indian Tribal government in the nonattainment or maintenance area.

Those organizations must be allowed 15 days to comment on the draft determination, and ( ii) Within 30 days after making the determination,

publish a notice of the determination by placing a prominent advertisement in a daily newspaper of general circulation in the area affected by the action.

( 3) If additional actions are necessary beyond the specified time period in ( 2) above, a Federal agency can make a new written determination as described in ( 2)

above, but in no case shall this exemption extend beyond 2 years from the date of the emergency.

( f) Notwithstanding other requirements of this subpart, actions specified by individual Federal agencies that have met the criteria set forth in either paragraphs ( g)( 1) ( g)( 2) or ( g)( 3) of this section and the procedures set forth in paragraph ( h) of this section are presumed to conform, except as provided in paragraph ( j) of this section.

( g) The Federal agency must meet the criteria for establishing activities that are presumed to conform by fulfilling the requirements set forth in either paragraphs ( g)( 1), ( g)( 2), or ( g)( 3) of this section: 113 ( 1) * * *

( 2) * * *

( 3) The Federal agency must clearly demonstrate that the emissions from the type or category of actions and the amount of emissions from the action are included in the applicable SIP and the State or local air quality agencies responsible for the SIP( s) provide written concurrence that the emissions from the actions along with all other expected emissions in the area will not exceed the emission budget in the SIP.

( h) In addition to meeting the criteria for establishing exemptions set forth in paragraphs ( g)( 1)

( g)( 2) or ( g)( 3) of this section, the following procedures must also be complied with to presume that activities will conform:

( 1) The Federal agency must identify through publication in the Federal Register its list of proposed activities that are presumed to conform and the basis for the presumptions. The notice must clearly identify the type and size of the action that would be presumed to conform and provide criteria for determining if the type and size action qualifies it for the presumption;

( 2) The Federal agency must notify the appropriate EPA Regional Office( s), State and local air quality 114 agencies and, where applicable, the agency designated under section 174 of the Act and the MPO and provide at least 30 days for the public to comment on the list of proposed activities presumed to conform. If the presumed to conform action has regional or national application ( e. g., the action will cause emission increases in excess of the de minimis levels identified in § 93.153 ( b) in more than three of EPA's Regions), the Federal agency, as an alternative to sending it to EPA Regional Offices, can send the draft conformity determination to U. S. EPA,

Office of Air Quality Planning and Standards;

( 3) * * *

( 4) The Federal agency must publish the final list of such activities in the Federal Register.

( i) Emissions from the following actions are presumed to conform:

( 1) Actions at installations with facility wide emission budgets meeting the requirements in § 93.161 provided that the State has included the emission budget in the EPA approved SIP and the emissions from the action along with all other emissions from the installation will not exceed the facility wide emission budget.

( 2) Prescription fires conducted in accordance with approved smoke management plan which meets the 115 requirements of EPA's Interim Air Quality Policy on Wildland and Prescribed Fires.

( 3) Emissions for actions that the State identifies in the EPA approved SIP as presumed to conform.

( j) Even though an action would otherwise be presumed to conform under paragraph ( f) or ( i) of this section, an action shall not be presumed to conform and the requirements of § § 93.150, § 93.151, § § 93.154 through § 93.160 and § § 93.162 through 93.164 shall apply to the action if EPA or a third party shows that the action would:

( i) Cause or contribute to any new violation of any standard in any area;

( ii) Interfere with provisions in the applicable SIP for maintenance of any standard;

( iii) Increase the frequency or severity of any existing violation of any standard in any area; or ( iv) Delay timely attainment of any standard or any required interim emissions reductions or other milestones in any area including, where applicable, emission levels specified in the applicable SIP for purposes of:

( A) A demonstration of reasonable further progress;

( B) A demonstration of attainment; or ( C) A maintenance plan. 116 ( k) The provisions of this subpart shall apply in all nonattainment and maintenance areas except conformity requirements for newly designated nonattainment areas are not applicable until 1 year after the effective date of the designation in accordance with section 176( c)( 6) of the Act.

6. Section 93.154 is amended by revising the title of the section and revising the section to read as follows:

§ 93.154 Federal agency conformity responsibility.

Any department, agency, or instrumentality of the Federal government taking an action subject to this subpart must make its own conformity determination consistent with the requirements of this subpart. In making its conformity determination, a Federal agency must follow the requirements in § § 93.155 through 93.160 and § § 93.162 through 93.165 and must consider comments from any interested parties. Where multiple Federal agencies have jurisdiction for various aspects of a project, a Federal agency may choose to adopt the analysis of another Federal agency or develop its own analysis in order to make its conformity determination.

7. Section 93.155 is amended by revising paragraphs ( a) and ( b) and adding paragraph ( c) to read as follows: 117 § 93.155 Reporting requirements.

( a) A Federal agency making a conformity determination under § § 93.154 through 93.160 and § § 93.162 through 93.164 must provide to the appropriate EPA Regional Office( s), State and local air quality agencies,

any federally recognized Indian Tribal government in the nonattainment or maintenance area, and, where applicable,

affected Federal land managers, the agency designated under section 174 of the Act and the MPO a 30 day notice which describes the proposed action and the Federal agency's draft conformity determination on the action. If the action has multi regional or national impacts ( e. g.,

the action will cause emission increases in excess of the de minimis levels identified in § 93.153 ( b) in three or more of EPA's Regions), the Federal agency, as an alternative to sending it to EPA Regional Offices, can provide the notice to EPA's Office of Air Quality Planning and Standards.

( b) A Federal agency must notify the appropriate EPA Regional Office( s), State and local air quality agencies,

any federally recognized Indian Tribal government in the nonattainment or maintenance area, and, where applicable,

affected Federal land managers, the agency designated under section 174 of the Clean Air Act and the MPO within 118 30 days after making a final conformity determination under this subpart.

( c) The draft and final conformity determination shall exclude any classified information or confidential business information. The disclosure of classified information and confidential business information shall be controlled by the applicable laws, regulations, security manuals, or executive orders concerning the use, access,

and release of such materials. Subject to applicable procedures to protect classified information from public disclosure, any information or materials excluded from the draft or final conformity determination or supporting materials may be made available in a classified annex to the determination for review by Federal and State representatives who have received appropriate security clearances.

8. Section 93.156 is amended by revising paragraphs ( a), ( b), ( c), and ( d) and adding paragraph ( e) to read as follows:

§ 93.156 Public participation.

( a) Upon request by any person regarding a specific Federal action, a Federal agency must make available,

subject to the limitation in ( e) of this section, for review its draft conformity determination under § 93.154 119 with supporting materials which describe the analytical methods and conclusions relied upon in making the applicability analysis and draft conformity determination.

( b) A Federal agency must make public its draft conformity determination under § 93.154 by placing a notice by prominent advertisement in a daily newspaper of general circulation in the area affected by the action and by providing 30 days for written public comment prior to taking any formal action on the draft determination. This comment period may be concurrent with any other public involvement, such as occurs in the National Environmental Policy Act ( NEPA) process. If the action has multiregional or national impacts ( e. g., the action will cause emission increases in excess of the de minimis levels identified in § 93.153 ( b) in three or more of EPA's Regions), the Federal agency, as an alternative to publishing separate notices, can publish a notice in the Federal Register.

( c) A Federal agency must document its response to all the comments received on its draft conformity determination under § 93.154 and make the comments and responses available, subject to the limitation in paragraph ( e) of this section, upon request by any person 120 regarding a specific Federal action, within 30 days of the final conformity determination.

( d) A Federal agency must make public its final conformity determination under § 93.154 for a Federal action by placing a notice by prominent advertisement in a daily newspaper of general circulation in the area affected by the action within 30 days of the final conformity determination. If the action would have multiregional or national impacts the Federal agency, as an alternative, can publish the notice in the Federal Register.

( e) The draft and final conformity determination shall exclude any classified information or confidential business information. The disclosure of classified information and confidential business information shall be controlled by the applicable laws, regulations or executive orders concerning the release of such materials.

9. Section 93.157 is amended by revising the title of the section , adding introductory text; revising paragraphs ( a) and ( b) and adding paragraph ( d), to read as follows:

§ 93.157 Reevaluation of conformity.

Once a conformity evaluation is completed by a Federal agency, that determination is not required to be 121 re evaluated if the agency has ( 1) maintained a continuous program to implement the action; ( 2) the determination has not lapsed as specified in paragraph ( a) of this section;

or ( 3) any modification to the action does not result in an increase in emissions above the levels specified in subparagraphs ( c) and ( d) of this section. If a conformity determination is not required for the action at the time NEPA analysis is completed, the date of the finding of no significant impact ( FONSI) for an Environmental Assessment, or a record of decision ( ROD)

for an Environmental Impact Statement, can be used as a substitute date for the conformity determination date.

( a) The conformity status of a Federal action automatically lapses 5 years from the date a final conformity determination is reported under § 93.155, unless the Federal action has been completed or a continuous program to implement the Federal action has been commenced.

( b) Ongoing Federal activities at a given site showing continuous progress are not new actions and do not require periodic re determinations so long as such activities are within the scope of the final conformity determination reported under § 93.155 or the NEPA analysis.

* * * * * 122 ( d) If the Federal agency determines through the applicability analysis that a conformity determination was not necessary because the emissions for the action were below the limits in § 93.153( b) and changes to the action would result in the total emissions from the action being above the limits in § 93.153( b), then the Federal agency must make a conformity determination.

10. Section 93.158 is amended as follows:

a. Revising sub paragraphs ( a)( 1), ( a)( 2), ( a)( 3)

and ( a)( 4);

b. Correcting the sub paragraph citation in ( a)( 5);

c. Revising sub paragraphs ( a)( 5)( i), and ( a)( 5)( i)( C), and d. Revising sub paragraphs ( a)( 5)( iii), ( a)( 5)( iv);

( a)( 5)( iv)( A)( 1), ( a)( 5)( iv)( A)( 2) and paragraph ( a)( 5)( iv)( A)( 3).

The revised and new paragraphs in § 93.158 read as follows:

§ 93.158 Criteria for determining conformity of general Federal actions ( a) An action required under § 93.153 to have a conformity determination for a specific pollutant or precursor, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates in 123 § 93.153( b), or otherwise requires a conformity determination due to the total of direct and indirect emissions from the action, the action meets the requirements of paragraph ( c) of this section, and meets any of the following requirements:

( 1) For any criteria pollutant or precursor, the total of direct and indirect emissions from the action are specifically identified and accounted for in the applicable SIP's attainment or maintenance demonstration or reasonable further progress milestone;

( 2) For precursors of ozone, nitrogen dioxide, or PM,

the total of direct and indirect emissions from the action are fully offset within the same nonattainment or maintenance area ( or nearby area of equal or higher classification provided the emissions from that area contribute to the violations, or have contributed to violation in the past, in the area with the Federal action) through a revision to the applicable SIP or a similarly enforceable measure that effects emissions reductions so that there is no net increase in emissions of that pollutant;

( 3) For any directly emitted criteria pollutant, the total of direct and indirect emissions from the action meets the requirements: 124 * * *

( 4) For CO or directly emitted PM

( i)* * *

( ii)* * *

( 5) For ozone or nitrogen dioxide, and for purposes of paragraphs ( a)( 3)( ii) and ( a)( 4)( ii) of this section,

each portion of the action or the action as a whole meets any of the following requirements:

( i) Where EPA has approved a revision to the applicable implementation plan after the area was designated as nonattainment and the State makes a determination as provided in paragraph ( a)( 5)( i)( A) of this section or where the State makes a commitment as provided in paragraph ( a)( 5)( i)( B) of this section:

* * * * *

( C) Where a Federal agency made a conformity determination based on a State commitment under paragraph ( a)( 5)( i)( B) of this section and the State has submitted a SIP to EPA covering the time period during which the emissions will occur or is scheduled to submit such a SIP within 18 months of the conformity determination, the State commitment is automatically deemed a call for a SIP revision by EPA under section 110( k)( 5) of the Act,

effective on the date of the Federal conformity 125 determination and requiring response within 18 months or any shorter time within which the State commits to revise the applicable SIP;

( D) Where a Federal agency made a conformity determination based on a State commitment under paragraph ( a)( 5)( i)( B) of this section and the State has not submitted a SIP covering the time period of the emissions will occur or is not scheduled to submit such a SIP within 18 months of the conformity determination, the State must,

within 18 months, submit to EPA a revision to the existing SIP committing to include the emissions in the future SIP revision.

( ii) * * *

( iii) The action ( or portion thereof) fully offsets its emissions within the same nonattainment or maintenance area ( or nearby area of equal or higher classification provided the emissions from that area contribute to the violations, or have contributed to violation in the past,

in the area with the Federal action) through a revision to the applicable SIP or an equally enforceable measure that effects emissions reductions equal to or greater than the total of direct and indirect emissions from the action so that there is no net increase in emissions of that pollutant; 126 ( iv) Where EPA has not approved a revision to the relevant SIP since the area was designated or reclassified, the total of direct and indirect emissions from the action for the future years ( described in § 93.159( d)) do not increase emissions with respect to the baseline emissions:

( A) * * *

( 1) The calendar year that is the basis for the most recent designation or classification;

( 2) The emission budget in the applicable SIP;

( B) The baseline emissions are the total of direct and indirect emissions calculated for the future years ( described in § 93.159( d)) using the historic activity levels ( described in paragraph ( a)( 5)( iv)( A) of this section) and appropriate emission factors for the future years; or * * * * *

11. Section 93.159 is amended by:

a. Adding the section symbol to the title; correcting typographical errors in paragraphs ( b) and ( b)( 1)( ii);

b. Revising paragraphs ( b)( 2) and ( c); and c. Deleting the footnotes in those paragraphs, and revising paragraph ( d) including adding sub paragraph ( d)( 4). 127 The revisions and additions read as follows:

§ 93.159 Procedures for conformity determinations of general Federal actions.

* * * * *

( b) The analyses required under this subpart must be based on the latest and most accurate emission estimation techniques available as described below, unless such techniques are inappropriate. If such techniques are inappropriate, the Federal agency may obtain written approval from the appropriate EPA Regional Administrator for a modification or substitution, of another technique on a case by case basis or, where appropriate, on a generic basis for a specific Federal agency program.

( 1) * * *

( i) * * *

( ii) A grace period of 3 months shall apply during which the motor vehicle emissions model previously specified by EPA as the most current version may be used.

Conformity analyses for which the analysis was begun during the grace period or no more than 3 years before the Federal Register notice of availability of the latest emission model may continue to use the previous version of the model specified by EPA. 128 ( 2) For non motor vehicle sources, including stationary and area source emissions, the latest emission factors specified by EPA in the " Compilation of Air Pollutant Emission Factors" ( AP 42,

www. epa. gov/ ttn/ chiefs/ efpac) must be used for the conformity analysis unless more accurate emission data are available, such as actual stack test data from stationary sources which are part of the conformity analysis.

( c) The air quality modeling analyses required under this subpart must be based on the applicable air quality models, data bases, and other requirements specified in the most recent version of the ` Guideline on Air Quality Models." ( Appendix W to 40 CFR part 51. The latest revision was on April 15, 2003, at 68 FR 18440).

* * * * *

( d) The analyses required under this subpart must be based on the total of direct and indirect emissions from the action and must reflect emission scenarios that are expected to occur under each of the following cases:

( 1) The attainment year specified in the SIP, or if the SIP does not specify an attainment year, the Act mandated attainment year, or 129 ( 2) The last year for which emissions are projected in the maintenance plan;

( 3) The year during which the total of direct and indirect emissions from the action is expected to be the greatest on an annual basis; and ( 4) Any year for which the applicable SIP specifies an emissions budget.

12. Section 93.160 is amended by:

a. Adding the section symbol to the title;

b. Correcting a typographical error in paragraphs ( e) and ( g); and c. Revising paragraph ( f).

The revised paragraphs in 93.160 read as follows:

§ 93.160 Mitigation of air quality impacts.

* * * * *

( e) When necessary because of changed circumstances,

mitigation measures may be modified so long as the new mitigation measures continue to support the conformity determination. Any proposed change in the mitigation measures is subject to the reporting requirements of § 93.156 and the public participation requirements of § 93.157. 130 ( f) Written commitments to mitigation measures must be obtained prior to a positive conformity determination and that such commitments must be fulfilled.

( g) After a State revises its SIP to adopt its general conformity regulations and EPA approves that SIP revision, any agreements, including mitigation measures,

necessary for a conformity determination will be both State and Federally enforceable. Enforceability through the applicable SIP will apply to all persons who agree to mitigate direct and indirect emissions associated with a Federal action for a conformity determination.

Subpart B is further amended by adding § § 93.161 through 93.165 to read as follows:

§ 93.161 Conformity evaluation for Federal installations with facility wide emission budgets.

( a) State or local agency responsible for implementing and enforcing the SIP can in cooperation with Federal agencies or third parties that operate installations subject to Federal oversight ( e. g., a military base or a commercial service airport) develop and adopt a facility wide emission budget to be used for demonstrating conformity. The budget must meet the following criteria:

( 1) Be for a set time period; 131 ( 2) Cover the pollutants or precursors of the pollutants for which the area is designated nonattainment or maintenance;

( 3) Include specific quantities allowed to be emitted on an annual or seasonal basis;

( 4) The emissions from the facility along with all other emissions in the area will not exceed the emission budget for the area;

( 5) Include specific measures to ensure compliance with the budget such as periodic reporting requirements or compliance demonstration when the Federal agency is taking an action that would otherwise require a conformity determination;

( 6) Be submitted to EPA as a SIP revision;

( 7) The SIP revision must be approved by EPA.

( b) The budget developed and adopted in accordance with section ( a) above can be revised by following the requirements in section ( a) above.

( c) Total direct and indirect emissions from Federal actions in conjunction with all other emissions from the facility that do not exceed the facility budget adopted pursuant to section ( a) above are presumed to conform to the SIP and do not require a conformity analysis.

( d) If the total direct and indirect emissions from 132 the Federal actions in conjunction with the other emissions from the facility exceed the budget adopted pursuant to paragraph ( a) above, the action must be evaluated for conformity. A Federal agency can use the compliance with the emissions budget as part of the demonstration of conformity, i. e., the agency would have to mitigate or offset the emissions that exceed the emission budget.

( e) If the SIP for the area includes a category for construction emissions, the negotiated budget can exempt construction emissions from further conformity analysis.

§ 93.162 Emissions beyond the time period covered by the SIP.

If a Federal action would result in total direct and indirect emissions which would be emitted beyond the time period covered by the SIP, the Federal agency can:

( a) Demonstrate conformity with the last emission budget in the SIP; or ( b) Request the State to adopt an emissions budget for the action for inclusion in the SIP. The State must submit a SIP revision to EPA within 18 months either including the emissions in the SIP or establishing an enforceable commitment to include the emissions in future SIP revisions. 133 § 93.163 Timing of offsets and mitigation measures.

( a) The emissions reductions from an offset or mitigation measure used to demonstrate conformity must occur during the same calendar year as the emission increases from the action except as provided in paragraph ( b) of this section.

( b) The State may approve reductions in other years provided:

( 1) The reductions are greater than the emission increases by the following ratios:

( i) Extreme nonattainment areas 1.5: 1 ( ii) Severe nonattainment areas 1.3: 1 ( iii) Serious nonattainment areas 1.2: 1 ( iv) Moderate nonattainment areas 1.15: 1 ( v) All other areas 1.1: 1 ( 2) The time period for completing the emissions reductions must not exceed twice the period of the emissions.

( 3) The offset or mitigation measure with emissions reductions in another year will not:

( i) Cause or contribute to a new violation of any air quality standard,

( ii) Increase the frequency or severity of any existing violation of any air quality standard, or 134 ( iii) Delay the timely attainment of any standard or any interim emissions reductions or other milestones in any area.

( c) The approval by the State of an offset or mitigation measure with emissions reductions in another year, does not relieve the State of any obligation to meet any SIP or Clean Air Act milestone or deadline.

§ 93.164 Inter precursor mitigation measures and offsets Federal agencies must reduce the same type pollutant as being increased by the Federal action except the State may approve offsets or mitigation measures of different precursors of the same criteria pollutant, if such trades are allowed by a State in a SIP approved new source review regulation, is technically justified, and has a demonstrated environmental benefit.

§ 93.165 Early emission reduction credit programs at Federal facilities and installation subject to Federal oversight.

( a) Federal facilities and installation subject to Federal oversight can, with the approval of the State agency responsible for the SIP in that area, create an early emissions reductions credit program. The Federal agency can create the emission reduction credits in accordance with the requirements in paragraph ( b) below 135 and can used them in accordance with paragraph ( c) below.

( b) Creation of emission reduction credits ( 1) Emissions reductions must be quantifiable through the use of standard emission factors or measurement techniques. If non standard factors or techniques to quantify the emissions reductions are used, the Federal agency must receive approval from the State agency responsible for the implementation of the SIP and from EPA's Regional Office. The emission reduction credits do not have to be quantified before the reduction strategy is implemented, but must be quantified before the credits are used.

( 2) The emission reduction methods must be consistent with the applicable SIP attainment and reasonable further progress demonstrations.

( 3) The emissions reductions can not be required by or credited to other applicable SIP provisions.

( 4) Both the State and Federal air quality agencies must be able to take legal action to ensure continued implementation of the emission reduction strategy. In addition, private citizens must also be able to initiate action to ensure compliance with the control requirement.

( 5) The emissions reductions must be permanent or the timeframe for the reductions must be specified. 136 ( 6) The Federal agency must document the emissions reductions and provide a copy of the document to the State air quality agency and the EPA regional office for review.

The documentation must include a detailed description of the strategy and a discussion of how it meets the requirements of sub paragraphs ( 1) through ( 5) of this section.

( c) Use of emission reduction credits.

The emission reduction credits created in accordance with paragraph ( b) above can be used, subject to the following limitations, to reduce the emissions increase from a Federal action at the facility for the conformity evaluation.

( 1) If the technique used to create the emission reduction is reasonably connected to the Federal action and could have occurred in conjunction with the Federal action, then the credits can be used to reduce the total direct and indirect emissions used to determine the applicability of the regulation as required in § 93.153 and as offsets or mitigation measures required by § 93.158.

( 2) If the technique used to create the emission reduction is not reasonably connected to the Federal action or could not have occurred in conjunction with the Federal action, then the credits cannot be used to reduce 137 the total direct and indirect emissions used to determine the applicability of the regulation as required in § 93.153, but can be used to offset or mitigate the emissions as required by § 93.158.

( 3) Emissions reductions credits must be used in the same year in which they are generated.

( 4) Once the emission reduction credits are used,

they cannot be used as credits for another conformity evaluation. However, unused credits from a strategy used for one conformity evaluation can be used for another conformity evaluation as long as the reduction credits are not double counted. For example, emission reduction credits from a control measure could be used in one year as offset for construction emission increases and in another year to mitigate operational emission increases.

( 5) Federal agencies must notify the State air quality agency and EPA Regional Office when the emission reduction credits are being used.


[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Page 32440]
[FR Doc No: 2014-12675]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0097; Airspace Docket No. 14-ASO-4]

Amendment of Class E Airspace; Newnan, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at Newnan, GA, as new
Standard Instrument Approach Procedures have been developed at Newnan
Coweta County Airport. This enhances the safety and management of
aircraft operations at the airport. This action also updates the
geographic coordinates of airport.

DATES: Effective 0901 UTC, July, 24, 2014. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On March 18, 2014, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace at,
Newnan Coweta County Airport, Newnan, GA. (79 FR 15065). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9X dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface at Newnan Coweta County Airport, Newnan, GA. A segment is
added from the 6.5-mile radius of the airport to 14 miles southeast of
the airport to support new Standard Instrument Approach Procedures, and
for continued safety and management of IFR operations at the airport.
The geographic coordinates of the airport also are adjusted to be in
concert with FAA's aeronautical database.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Newnan Coweta County Airport,
Newnan, GA.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9X, Airspace Designations and Reporting
Points, dated August 7, 2013, effective September 15, 2013, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
feet or More Above the Surface of the Earth.

* * * * *

ASO GA E5 Newnan, GA [Amended]

Newnan Coweta County Airport, GA
    (Lat. 33[deg]18'42'' N., long. 84[deg]46'11'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Newnan Coweta County Airport, and within
2 miles each side of the 140[deg] bearing from the airport,
extending from the 6.5-mile radius to14 miles southeast of the
airport.

    Issued in College Park, Georgia, on May 21, 2014.
Myron A. Jenkins,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2014-12675 Filed 6-4-14; 8:45 am]
BILLING CODE 4910-13-P