[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37811-37814]
[FR Doc No: 2017-17073]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0484; Special Conditions No. 25-700-SC]

Special Conditions: Textron Aviation Inc. Model 700 Airplanes;
Use of Automatic Power Reserve for Go-Around Performance Credit

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Textron Aviation
Inc. (Textron) Model 700 airplane. This airplane will have a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport-category
airplanes. This design feature is an Automatic Takeoff Thrust Control
System (ATTCS), referred to as an Automatic Power Reserve (APR), to set
the performance level for approach-climb operation after an engine
failure. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Textron on August 14, 2017. Send
your comments by September 28, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0484
using any of the following methods:
     Federal eRegulations 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: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    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 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: Joe Jacobsen, FAA, Airplane and
Flightcrew Interface, ANM-111, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been subject to the notice and comment period in several prior
instances and has been derived without substantive change from those
previously issued. It is unlikely that prior public comment would
result in a significant change from the substance contained herein.
Therefore, because a delay would significantly affect the certification
of the airplane, the FAA has determined that prior public notice and
comment are unnecessary and impracticable.
    In addition, since the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received, the FAA finds it unnecessary to
delay the effective date and finds that good cause exists for adopting
these special conditions upon publication in the Federal Register.
    The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment described above.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On November 20, 2014, Textron applied for a type certificate for
their new Model 700 airplane. The Model 700 airplane is a turbofan-
powered executive-jet airplane with seating for two crewmembers and 12
passengers. This airplane will have a maximum takeoff weight of 38,514
pounds.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Textron must show that the Model 700 airplane meets the
applicable provisions of part 25, as amended by Amendments 25-1 through
25-139, 25-141, and 25-143.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Textron Model 700 airplane because
of a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Model 700 airplane must comply with the fuel-vent and
exhaust-emission requirements of 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model 700 airplane will incorporate the following novel or
unusual design feature: An Automatic Takeoff Thrust Control System,
referred to as an Automatic Power Reserve, to set the performance level
for approach-climb operation after an engine failure.

Discussion

    Textron proposes using the ATTCS function of the Model 700 airplane
during go-around and requests approach-climb performance credit for the
use of the additional power. The Model 700 powerplant control system
comprises a Full Authority Digital Electronic Control (FADEC) for the
AS907-2-1S engine. The control system includes an ATTCS feature,
referred to as Maximum Takeoff Thrust (MTO), and in the airplane flight
manual (AFM), Automatic Power Reserve.
    Section 25.904 and part 25, appendix I, limit the application of
performance credit for ATTCS to takeoff only. Because the airworthiness
regulations do not contain appropriate safety standards for approach-
climb performance using ATTCS, special conditions are required to
ensure a level of safety equivalent to that established in the
regulations.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Textron Model 700 airplane. Should Textron apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, these special conditions
would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    The Textron Model 700 airplane must comply with the requirements of
14 CFR 25.904, and appendix I, and the following requirements for the
go-around phase of flight:
    1. Definitions
    a. Takeoff/go-around (TOGA): Throttle lever in takeoff or go-around
position.
    b. Automatic Takeoff Thrust Control System: The ATTCS in Model 700
airplanes is defined as the entire automatic system available during
takeoff and in go-around mode, including all devices, both mechanical
and electrical, that sense engine failure, transmit signals, actuate
fuel controls or power levers (or increase engine power by other means
on operating engines to achieve scheduled thrust or power increase),
and furnish cockpit information on system operation.
    c. Critical time interval:
    (1) When conducting an approach for landing using ATTCS, the
critical time interval is defined as follows:
    (i) The critical time interval begins at a point on a 2.5-degree
approach glide path from which, assuming a simultaneous engine and
ATTCS failure, the resulting approach-climb flight path intersects a
flight path originating at a later point on the same approach path that
corresponds to the part 25 one-engine-inoperative approach-climb
gradient. The period of time from the point of simultaneous engine and
ATTCS failure, to the intersection of these flight paths, must be no
shorter than the time interval used in evaluating the critical time
interval for takeoff, beginning from the point of simultaneous engine
and ATTCS failure and ending upon reaching a height of 400 feet.
    (ii) The critical time interval ends at the point on a minimum
performance, all-engines-operating go-around flight path from which,
assuming a simultaneous engine and ATTCS failure, the resulting minimum
approach-climb flight path intersects a flight path corresponding to
the part 25 minimum one-engine-inoperative approach-climb gradient. The
all-engines-operating go-around flight path, and the part 25 one-
engine-inoperative approach-climb gradient flight path, originate from
a common point on a 2.5-degree approach path. The period of time from
the point of simultaneous engine and ATTCS failure, to the intersection
of these flight paths, must be no shorter than the time interval used
in evaluating the critical time interval for the takeoff, beginning
from the point of simultaneous engine and ATTCS failure and ending upon
reaching a height of 400 feet.
    (2) The critical time interval must be determined at the altitude
resulting in the longest critical time interval for which one-engine-
inoperative approach-climb performance data are presented in the
airplane flight manual.
    (3) The critical time interval is illustrated in the following
figure:
[GRAPHIC] [TIFF OMITTED] TR14AU17.028

    2. Performance and system reliability requirements: The applicant
must comply with the performance and ATTCS reliability requirements as
follows:
    a. An ATTCS failure or a combination of failures in the ATTCS
during the critical time interval:
    (1) Must not prevent the insertion of the maximum approved go-
around thrust or power, or must be shown to be a remote event.
    (2) Must not result in a significant loss or reduction in thrust or
power, or must be shown to be an extremely improbable event.
    b. The concurrent existence of an ATTCS failure and an engine
failure during the critical time interval must be shown to be extremely
improbable.
    c. All applicable performance requirements of part 25 must be met
with an engine failure occurring at the most critical point during go-
around with the ATTCS functioning.
    d. The probability analysis must include consideration of ATTCS
failure occurring after the time at which the flightcrew last verifies
that the ATTCS is in a condition to operate until the beginning of the
critical time interval.
    e. The propulsive thrust obtained from the operating engine, after
failure of the critical engine during a go-around used to show
compliance with the one-engine-inoperative climb requirements of Sec.
25.121(d), may not be greater than the lesser of:
    (1) The actual propulsive thrust resulting from the initial setting
of power or thrust controls with the ATTCS functioning, or
    (2) 111 percent of the propulsive thrust resulting from the initial
setting of power or thrust controls with the ATTCS failing to reset
thrust or power, and without any action by the flightcrew to reset
thrust or power.
    3. Thrust setting
    a. The initial go-around thrust setting on each engine at the
beginning of the go-around phase may not be less than any of the
following:

    (1) That required to permit normal operation of all safety-related
systems and equipment dependent upon engine thrust or power lever
position; or
    (2) That are shown to be free of hazardous engine-response
characteristics, and not to result in any unsafe airplane operating or
handling characteristics when thrust or power is advanced from the
initial go-around position to the maximum approved power setting.
    b. For approval to use an ATTCS for go-arounds, the thrust-setting
procedure must be the same for go-arounds initiated with all engines
operating as for go-around initiated with one engine inoperative.
    4. Powerplant controls
    a. In addition to the requirements of Sec.  25.1141, no single
failure or malfunction, or probable combination thereof, of the ATTCS,
including associated systems, may cause the failure of any powerplant
function necessary for safety.
    b. The ATTCS must be designed to:
    (1) Apply thrust or power to the operating engine(s), following any
one-engine failure during a go-around, to achieve the maximum approved
go-around thrust without exceeding the engine operating limits;
    (2) Permit manual decrease or increase in thrust or power up to the
maximum go-around thrust approved for the airplane, under the existing
conditions, through the use of the power lever. For airplanes equipped
with limiters that automatically prevent the engine operating limits
from being exceeded under existing ambient conditions, other means may
be used to increase the thrust in the event of an ATTCS failure,
provided that the means:
    (i) Is located on or forward of the power levers;
    (ii) Is easily identified and operated under all operating
conditions by a single action of either pilot with the hand that is
normally used to actuate the power levers; and
    (iii) Meets the requirements of Sec.  25.777(a), (b), and (c).
    (3) Provide a means to verify to the flightcrew, before beginning
an approach for landing, that the ATTCS is in a condition to operate
(unless it can be demonstrated that an ATTCS failure, combined with an
engine failure during an entire flight, is extremely improbable); and
    (4) Provide a means for the flightcrew to deactivate the automatic
function. This means must be designed to prevent inadvertent
deactivation.
    5. Powerplant instruments: In addition to the requirements of Sec.
25.1305:
    a. A means must be provided to indicate when the ATTCS is in the
OFF or FAILED condition; and
    b. If the inherent flight characteristics of the airplane do not
provide adequate warning that an engine has failed, a warning system
that is independent of the ATTCS must be provided to give the pilot a
clear warning of any engine failure during a go-around.

    Issued in Renton, Washington, on August 8, 2017.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2017-17073 Filed 8-11-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41050-41051]
[FR Doc No: 2013-16447]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG13-45-000.
    Applicants: Quantum Auburndale Power, LP.
    Description: Quantum Auburndale Power, LP Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5074.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: EG13-46-000.
    Applicants: Quantum Lake Power, LP.
    Description: Quantum Lake Power, LP Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5075.
    Comments Due: 5 p.m. ET 7/22/13.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1840-003.
    Applicants: Blythe Energy Inc.
    Description: Blythe Energy Inc. MBR Tariff to be effective 7/20/
2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5001.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER10-1569-004; ER12-21-009; ER11-2855-009; ER10-
1564-005; ER10-1565-005; ER11-3727-005; ER10-1566-005; ER11-2062-005;
ER10-1291-006; ER11-2508-004; ER11-4307-005; ER12-1711-005; ER12-261-
004; ER13-1136-003; ER10-1568-005; ER10-1581-007; ER13-1803-001; ER13-
1790-001; ER13-1746-001; ER12-1525-005; ER12-2019-004; ER10-1582-004;
ER12-2398-004; ER11-3459-004; ER11-4308-005; ER11-2805-004; ER10-1580-
007; ER11-2856-009; ER11-2857-009.
    Applicants: NRG Power Marketing LLC, Sun City Project LLC, Sand
Drag LLC, Saguaro Power Company, A Limited Partnership, RRI Energy
Services, LLC, Reliant Energy Northeast LLC, NRG Solar Roadrunner LLC,
NRG Solar Borrego I LLC, NRG Solar Blythe LLC, NRG Solar Avra Valley
LLC, NRG Solar Alpine LLC, NRG Marsh Landing LLC, NRG Delta LLC, NRG
California South LP, Long Beach Peakers LLC,

Long Beach Generation LLC, Ivanpah Master Holdings, LLC, Independence
Energy Group LLC, High Plains Ranch II, LLC, Green Mountain Energy
Company, GenOn Energy Management, LLC, GenConn Energy LLC, Energy Plus
Holdings LLC, El Segundo Power, LLC, El Segundo Energy Center LLC,
Cabrillo Power II LLC, Cabrillo Power I LLC, Avenal Park LLC, Agua
Caliente Solar, LLC.
    Description: Triennial Market Power Analysis for the Southwest
Region of NRG Power Marketing LLC, et al.
    Filed Date: 6/28/13.
    Accession Number: 20130628-5328.
    Comments Due: 5 p.m. ET 8/27/13.

    Docket Numbers: ER10-2290-002; ER10-2187-001.
    Applicants: Avista Corporation.
    Description: Triennial Market Power Update for the Northwest Region
of the Avista Corporation, et al.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5211.
    Comments Due: 5 p.m. ET 8/30/13.

    Docket Numbers: ER10-3097-000.
    Applicants: Bruce Power Inc.
    Description: Market Power Analysis for the Southwest Region of
Bruce Power Inc.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5065.
    Comments Due: 5 p.m. ET 8/30/13.

    Docket Numbers: ER10-3301-002; ER10-2757-002; ER10-2756-002.
    Applicants: Arlington Valley, LLC, Griffith Energy LLC, GWF Energy
LLC.
    Description: Triennial Market Power Update for the Southwest Region
of the GWF Energy LLC, et al.
    Filed Date: 6/28/13.
    Accession Number: 20130628-5326.
    Comments Due: 5 p.m. ET 8/27/13.

    Docket Numbers: ER11-3013-002.
    Applicants: Coolidge Power LLC.
    Description: Triennial Market Power Update for the Southwest Region
of the Coolidge Power LLC.
    Filed Date: 6/28/13.
    Accession Number: 20130628-5327.
    Comments Due: 5 p.m. ET 8/27/13.

    Docket Numbers: ER11-4315-002; ER10-3144-002.
    Applicants: Gila River Power LLC, Entegra Power Services LLC.
    Description: Triennial Market Power Update for the Southwest Region
of the Gila River Power LLC, et al.
    Filed Date: 6/28/13.
    Accession Number: 20130628-5325.
    Comments Due: 5 p.m. ET 8/27/13.

    Docket Numbers: ER13-1182-001.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: National Grid response to FERC information request re:
pending TSC revisions to be effective 7/1/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5039.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1867-000.
    Applicants: New England Power Pool Participants Committee.
    Description: July 2013 Membership Filing to be effective 6/1/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5000.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1868-000.
    Applicants: Watson Cogeneration Company.
    Description: Change in Status Filing to be effective N/A.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5002.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1869-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2028R4 Sunflower Electric Power Corporation NITSA and
NOA to be effective 6/1/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5076.
    Comments Due: 5 p.m. ET 7/22/13

    Docket Numbers: ER13-1870-000.
    Applicants: New England Power Pool Participants Committee, ISO New
England Inc.
    Description: Revision to Billing Policy Related to State Sales Tax
to be effective 8/30/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5087.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1871-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3585--Queue Position
Y1-072 to be effective 5/30/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5111.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1872-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2562 Kansas Municipal Energy Agency NITSA and NOA to
be effective 6/1/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5118.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1873-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2720; Queue No. V4-001 to be effective 5/30/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5132.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1874-000.
    Applicants: American Electric Power Service Corporation.
    Description: Request of American Electric Power Service Corporation
for Waiver of Certain Affiliate Restrictions.
    Filed Date: 6/28/13.
    Accession Number: 20130628-5323.
    Comments Due: 5 p.m. ET 7/19/13.

    Docket Numbers: ER13-1875-000.
    Applicants: New England Power Pool Participants Committee, ISO New
England Inc.
    Description: New England Power Pool Participants Committee submits
tariff filing per 35.13(a)(2)(iii: Revisions to ISO Tariff to Meet
Conditions of CFTC Exemption to be effective 8/30/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5185.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1876-000.
    Applicants: BP Energy Company.
    Description: BP Energy Company submits tariff filing per
35.13(a)(2)(iii: Change in Status and Request for Waiver of Triennial
Market Power Update to be effective 7/2/2013.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5220.
    Comments Due: 5 p.m. ET 7/22/13.

    Docket Numbers: ER13-1877-000.
    Applicants: New England Power Pool Participants Committee, ISO New
England Inc.
    Description: New England Power Pool Participants Committee submits
tariff filing per 35.13(a)(2)(iii: Energy Market Offer Flexibility
Changes to be effective 12/3/2014.
    Filed Date: 7/1/13.
    Accession Number: 20130701-5238.
    Comments Due: 5 p.m. ET 7/22/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 1, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-16447 Filed 7-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25451-25452]
[FR Doc No: 2018-11773]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9039-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www2.epa.gov/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 05/21/2018 Through 05/25/2018
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20180111, Draft, NMFS, NAT, Draft Environmental Impact
Statement for Issuing Annual Catch Limits to the Alaska Eskimo Whaling
Commission for a Subsistence Hunt on Bowhead Whales for the Years 2019
and Beyond, Comment Period Ends: 07/24/2018, Contact: John
Henderschedt,<PHONE_NUMBER>.
EIS No. 20180112, Draft, FHWA, NY, Hunts Point Interstate Access
Improvement Project, Comment Period Ends: 07/16/2018, Contact: Erik
Koester,<PHONE_NUMBER>.
EIS No. 20180113, Draft, CBP, ID, Bog Creek Road Project, Comment
Period

Ends: 07/16/2018, Contact: Paul Enriquez<PHONE_NUMBER>.
EIS No. 20180114, Final Supplement, USACE, LA, Integrated General
Reevaluation Report & Supplement III to the Final Environmental Impact
Statement, Mississippi River Ship Channel, Baton Rouge to the Gulf,
Louisiana Project, Review Period Ends: 07/02/2018, Contact: Steve
Roberts<PHONE_NUMBER>.
EIS No. 20180115, Draft, USFS, WA, Sunrise Vegetation and Fuels
Management, Comment Period Ends: 07/16/2018, Contact: Johnny Collin
509-843-4643.
EIS No. 20180116, Draft Supplement, FHWA, WI, WIS 23 Fond du Lac to
Plymouth, 2018 Limited Scope Supplemental Draft Environmental Impact
Statement, Comment Period Ends: 07/31/2018, Contact: Michael Davies
608-829-7500.
EIS No. 20180117, Draft, NJDEP, NJ, Rebuild by Design (RBD) Meadowlands
Flood Protection Project, Comment Period Ends: 07/16/2018, Contact:
Dennis Reinknecht<PHONE_NUMBER>.
EIS No. 20180118, Final, USDA, TX, Cattle Fever Tick Eradication
Program--Tick Control Barrier, Review Period Ends: 07/02/2018, Contact:
Dr. Denise Bonilla<PHONE_NUMBER>.

    Dated: May 29, 2018.
Rob Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2018-11773 Filed 5-31-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Page 51816]
[FR Doc No: 2013-20268]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before September 20, 2013
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on August 15, 2013.
Don Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)         Nature of special
   Application No.          Docket No.             Applicant             affected            permits thereof
----------------------------------------------------------------------------------------------------------------
15889-N.............  ......................  E.I. DuPont de       49 CFR 173.32(e)...  To authorize the one-
                                               Nemours & Company,                        time transportation in
                                               Inc. WILMINGTON,                          commerce of a portable
                                               DE.                                       tank that was filled
                                                                                past its required
                                                                                periodic reinspection
                                                                                date. (mode 1).
15890-N.............  ......................  Carleton             49 CFR 173.302a,     To authorize the
                                               Technologies Inc.    173.304a and         manufacture, mark, sale
                                               Westminster, MD.     180.209.             and use of non-DOT
                                                                                specification fully
                                                                                wrapped carbon-fiber
                                                                                reinforced aluminum
                                                                                lines cylinders for the
                                                                                transportation in
                                                                                commerce of certain
                                                                                Division 2.1 and 2.2
                                                                                materials. (modes 1, 2,
                                                                                3, 4, 5).
15899-N.............  ......................  HRD Aero Systems,    49 CFR 173.302a....  To authorize the
                                               Inc. Valencia, CA.                        manufacture, mark and
                                                                                sell of non-DOT
                                                                                specification cylinder
                                                                                for the transportation
                                                                                in commerce of a
                                                                                Division 2.2 gas.
                                                                                (modes 1, 3, 4, 5).
15931-N.............  ......................  ATK Small Caliber    49 CFR               To authorize the
                                               Systems (SCS),       172.201(a)(1);       transportation in
                                               Lake City Army       Subpart F of Part    commerce of certain
                                               Ammunition Plant     172; 172.203(a),     packages containing
                                               (LCAAP)              172.301(c), 174.59   only the residue of
                                               Independence, MO.    and 174.61(a),.      Class 1 smokeless
                                                                                powders without
                                                                                complete shipping
                                                                                papers and placarding.
                                                                                (modes 1, 2).
15955-N.............  ......................  Thompson Tank, Inc.  49 CFR 173.315.....  To authorize the
                                               Lakewood, CA.                             manufacture, marking,
                                                                                sale and use of non-DOT
                                                                                specification cargo
                                                                                tanks manufactured to
                                                                                ASME Section XII
                                                                                stamped with a ``T''
                                                                                Stamp instead of the
                                                                                ``U'' stamp. (mode 1).
15957-N.............  ......................  Ball Metal Food &    49 CFR 171.2(g)....  To authorize the filling
                                               Household Products                        and use of
                                               Danville, IL.                             approximately 51,500
                                                                                non-DOT specification
                                                                                inner metal receptacles
                                                                                which are incorrectly
                                                                                marked ``DOT-2Q'' for
                                                                                the transportation in
                                                                                commerce of aerosol
                                                                                products. (modes 1, 2,
                                                                                3, 4).
15961-N.............  ......................  Arktis Radiation     49 CFR 173.310.....  To authorize the
                                               Detectors Ltd.                            transportation in
                                               Malvern, PA.                              commerce of radiation
                                                                                detectors containing a
                                                                                Division 2.2 material
                                                                                that exceed the
                                                                                pressure authorized.
                                                                                (modes 1, 4).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-20268 Filed 8-20-13; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Rules and Regulations]
[Pages 20308-20314]
[FR Doc No: 2012-7023]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0544; FRL-9633-3]

Approval and Promulgation of Implementations Plans; California
Air Resources Board--In-Use Heavy-Duty Diesel-Fueled Truck and Bus
Regulation, and Drayage Truck Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve a revision to the
California State Implementation Plan (SIP) submitted by the California
Air Resources Board (CARB or Board). This revision concerns two
regulations that reduce emissions of diesel particulate matter (PM),
oxides of nitrogen (NOX), and other pollutants from in-use,
heavy-duty diesel-fueled trucks and buses, and drayage trucks. EPA is
approving this SIP revision because the Agency has determined that the
regulations are consistent with the relevant Clean Air Act
requirements, policies and guidance. Final approval of the two
regulations and incorporation of them into the California SIP makes
them federally enforceable.

DATES: Effective Date: This rule is effective on May 4, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0544 for
this action. The index to the docket is available electronically at
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., Confidential
Business Information). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Roxanne Johnson, EPA Region IX, (415)
947-4150<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. EPA's Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Proposed Action

    On July 11, 2011 (76 FR 40652), EPA proposed to approve title 13,
California Code of Regulations (CCR), section 2025 (``Regulation to
Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and
Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled
Vehicles'') (referred to herein as the California Air Resources Board's
(CARB's) ``Truck and Bus Regulation'' and 13 CCR section 2027 (``In-Use
On-Road Diesel-Fueled Heavy-Duty Drayage Trucks'') (referred to herein
as CARB's ``Drayage Truck Regulation'') as revisions to the California
State Implementation Plan (SIP). We proposed to approve CARB's
regulations under section 110(k)(3) of the Clean Air Act (CAA or
``Act''). In today's action, EPA is taking final action to approve
CARB's Truck and Bus Regulation and Drayage Truck Regulation.
    EPA proposed to approve the Truck and Bus Regulation and Drayage
Truck Regulation based on the versions of the amended regulations
released for public comment on May 19, 2011 and submitted by CARB to
EPA in connection with a request to ``parallel process'' the
regulations for SIP approval purposes. Our July 11, 2011 proposed rule
provides detailed information on the State's procedural steps
culminating in the public release of the proposed Truck and Bus
Regulation and Drayage Truck Regulation that formed the basis for EPA's
proposed approval, on the amendments to the original versions of the
Truck and Bus Regulation and Drayage Truck Regulation (which had been
originally adopted by CARB in December 2008 and December 2007,
respectively), and on EPA's ``parallel process'' procedure used to
evaluate and propose action on proposed SIP revisions prior to final
adoption and submittal to EPA. The reader is directed to the July 11,
2011 proposed rule for this detailed information. See 76 FR at 40653-
40654.
    The regulations were developed by CARB to reduce NOX,
and PM emissions from in-use, heavy-duty diesel-fueled trucks and buses
and to meet CAA requirements. NOX and volatile organic
compounds (VOC) are precursors responsible for the formation of ozone;
and NOX, VOC, ammonia, and sulfur dioxide are precursors for
fine particulate matter (PM2.5). At elevated levels, ozone
and PM2.5 harm human health and the environment by
contributing to premature mortality, aggravation of respiratory and
cardiovascular disease, decreased lung function, visibility impairment,
and damage to vegetation and ecosystems. California has a number of
nonattainment areas for the National Ambient Air Quality Standards
(NAAQS) for ozone and PM2.5, and the CAA requires states to
submit SIP revisions that ensure reasonable further progress (RFP) and
that demonstrate attainment of the NAAQS within such areas. See,
generally, part D of title I of the CAA. Reductions from the two
regulations play a critical role in assuring that areas such as the
South Coast Air Basin (which includes the Los Angeles metropolitan area
and Orange County) and the San Joaquin Valley meet the NAAQS for ozone
and PM2.5.\1\
---------------------------------------------------------------------------

    \1\ Recently, EPA concurred with the State's determinations that
sulfur dioxide, NOX and VOC are significant
PM2.5 precursors for attainment planning purposes in the
South Coast [76 FR 69928, at 69952 (Nov. 9, 2011)], and that sulfur
dioxide and NOX are significant PM2.5
precursors for attainment planning purposes in San Joaquin Valley
[76 FR 69896, at 69924 (Nov. 9, 2011)].
---------------------------------------------------------------------------

Truck and Bus Regulation

    CARB's Truck and Bus Regulation (i.e., 13 CCR section 2025)
requires fleet \2\ owners to upgrade their vehicles to meet specific
performance standards for NOX and PM. The regulation applies
to diesel-fueled trucks and buses that are privately owned, federally
owned, and to publicly and privately owned school buses, that have a
manufacturer's gross vehicle weight rating (GVWR) greater than 14,000
pounds (lbs). (Local and state government owned diesel-fueled trucks
are already subject to other CARB regulations.) Nearly all of the
vehicles affected by the regulation are on-road vehicles, but the
regulation also applies to yard trucks with off-road engines used for
agricultural operations and two-engine street sweepers with such
engines. The regulation exempts certain categories of trucks and buses,
many of which, such as solid waste collection vehicles, are subject to
different CARB regulations. See 13 CCR section 2025(c).
---------------------------------------------------------------------------

    \2\ In CARB's Truck and Bus Regulation, ``fleet'' is defined as
one or more vehicles, owned by a person, business, or government
agency, traveling in California and subject to the regulation. See
13 CCR section 2025(d)(28).
---------------------------------------------------------------------------

    Key concepts used in the Truck and Bus Regulation include ``2010
Model Year (MY) Emissions Equivalent Engine,'' ``PM Best Available
Control Technology'' (BACT), and ``Verified Diesel Emission Control
Strategy'' (VDECS). These concepts are described in detail in our July
11, 2011 proposed rule on pages 40654 and 40655 and the reader is
directed there for more information on these concepts.
    As described in our July 11, 2011 proposed rule, the basic
requirements of the regulation are set forth in subsections (e), (f),
and (g) of the regulation. Under these subsections, different sets of
requirements are established for subject vehicles with a GVWR of 26,000
lbs or less [subsection (f)] and subject vehicles with a GVWR greater
than 26,000 lbs [subsection (g)]. Under subsection (f), with certain
exceptions, subject vehicles with a GVWR of 26,000 lbs or less must,
starting January 1, 2015, be equipped with a ``2010 model year
emissions equivalent engine'' pursuant to the schedule shown in table
1. School buses, that otherwise would be subject to subsection (f), are
subject to a different set of requirements in subsection (k). Under
subsection (k), with certain exceptions, all schools buses must comply
with PM BACT by 2014.

 Table 1--Compliance Schedule Under Section 2025(f) by Engine Model Year
                      for Lighter Heavy-Duty Trucks
------------------------------------------------------------------------
                                    Compliance date
    Existing engine model year      as of January 1      Requirement
------------------------------------------------------------------------
1995 and older...................              2015  2010 model year
                                                      emission
                                                      equivalent.
1996.............................              2016
1997.............................              2017
1998.............................              2018
1999.............................              2019
2003 and older...................              2020
2004-2006........................              2021
All engines......................              2023
------------------------------------------------------------------------

    Under subsection (g), with certain exceptions, subject vehicles
with a GVWR more than 26,000 lbs must, starting January 1, 2012, meet
the PM Best Available Control Technology (BACT) requirement and must
upgrade to a 2010 MY emissions equivalent engine pursuant to the
schedule shown in table 2. Fleets with vehicles otherwise subject to
subsection (g) may opt for a different phase-in compliance schedule for
PM BACT but must comply with section 2025(g) by 2023. See 13 CCR
section 2025, subsections (h) (``Small Fleet Compliance Option'') and
(i) (``Phase-in Option'').

 Table 2--Compliance Schedule Under Section 2025(g) by Engine Model Year
                      for Heavier Heavy-Duty Trucks
------------------------------------------------------------------------
                                     Compliance date     Compliance date
        Engine model year           install PM filter    2010 engine by
                                       by January 1         January 1
------------------------------------------------------------------------
1993 and older...................  No Requirement.....              2015
1994-1995........................  No Requirement.....              2016
1996-1999........................  2012...............              2020
2000-2004........................  2013...............              2021
2005-2006........................  2014...............              2022
2007 or newer....................  2014 if not OEM                  2023
                                    equipped.
------------------------------------------------------------------------

    Section 2025(j) allows credits for early PM retrofits, fleets that
have downsized, early addition of newer vehicles, hybrid vehicles,
alternative fueled vehicles and vehicles with heavy-duty pilot ignition
engines that can allow delayed requirements for other heavier trucks in
the fleet. Fleet owners are required to meet the reporting and
recordkeeping requirements of subsections (r) and (s). Credits are not
transferrable except with appropriate documentation of a change of
business form approved by the CARB Executive Officer (EO).
    Subsection (l) of the Truck and Bus Regulation provides
requirements for drayage trucks and utility vehicles. Drayage trucks
subject to the Drayage Truck Regulation may be included in the fleet to
comply with the requirements of the Truck and Bus Regulation only if
all drayage trucks are included. Starting January 1, 2023, all drayage
truck owners must comply with the requirements of the Truck and Bus
Regulation.
    Other provisions in the Truck and Bus Regulation include certain
requirements and exemptions for agricultural fleets [13 CCR 2025(m)];
requirements for single-engine and two-engine sweepers [13 CCR
2025(n)]; requirements for a new fleet and changes in an existing fleet
[13 CCR 2025(o)]; certain exemptions, delays, and extensions [13 CCR
2025(p)]; special provisions for VDECS and experimental diesel emission
control strategies [13 CCR 2025(q)]; detailed reporting requirements
[13 CCR 2025(r)]; recordkeeping requirements [13 CCR 2025(s)];
provisions for auditing of records [13 CCR section 2025(t)]; provisions
for record retention [13 CCR 2025(u)]; provisions establishing CARB's
right of entry [13 CCR 2025(v)]; provisions requiring disclosures by
sellers [13 CCR 2025(w)]; compliance requirements [13 CCR 2025(x)];
provisions for CARB issuance of certificates of reported compliance [13
CCR 2025(y)]; and penalties for non-compliance [13 CCR section
2025(z)]. The reader is directed to the proposed rule (pages 40654-
40656) for additional information on the content of the Truck and Bus
Regulation.

Drayage Truck Regulation

    CARB's Drayage Truck Regulation (13 CCR section 2027) applies to
owners and operators of certain in-use, on-road, diesel-fueled, heavy-
duty drayage vehicles with a GVWR greater than 26,000 pounds defined as
``drayage trucks.'' Drayage trucks are those that are used for
transporting cargo, such as containerized, bulk, or break-bulk goods
and that operate on or transgress through port or intermodal rail yard
property for the purpose of loading, unloading or transporting cargo,
including transporting empty containers and chassis; or that operate
off port or intermodal rail yard property transporting cargo or empty
containers or chassis that originated from or is destined to a port or
intermodal rail yard property. The regulation also applies to owners
and operators of motor carriers that dispatch drayage trucks that
operate in California, marine or port terminals, intermodal rail yards,
and rail yard and port authorities. Owners and operators are subject to
the Drayage Truck Regulation through December 31, 2022. Starting
January 1, 2023, drayage trucks will be subject to the Truck and Bus
Regulation.
    As described in our July 11, 2011 proposed rule, section 2027(d) of
the Drayage Truck Regulation establishes the requirements and
compliance deadlines, grouped into two phases, for drayage trucks.
Phase 1 of the regulation [section 2027(d)(1)] required, by December
31, 2009, all drayage trucks with a GVWR greater than 33,000 pounds to
be equipped with a 1994-2003 MY engine certified to California or
federal emission standards and a level 3 VDECS for PM emissions; or a
2004 or newer MY engine certified to California or federal emission
standards. Drayage trucks with GVWR greater than 33,000 pounds but with
2004-2006 MY engines are allowed extra time to be equipped with a level
3 VDECS (by January 1, 2012 for subject vehicles with MY 2004 engines
and by January 1, 2013 for vehicles with MY 2005-2006 engines). Under
Phase 1, by January 1, 2012, all drayage trucks with a GVWR of 26,001
lbs to 33,000 pounds must be equipped with a level 3 VDECS for PM
emissions while operating in the South Coast Air Basin. Phase 2
[section 2027(d)(2)] requires that, beginning on January 1, 2014, all
drayage trucks must be equipped with a 1994 or newer MY engine that
meets or exceeds 2007 MY California or federal emissions standards.
    Drayage truck owners must register with the CARB Drayage Truck
Registry, a database that contains information on all trucks that
conduct business at California ports and intermodal rail yards. See
section 2027(e). The Drayage Truck Regulation provides for the same
types of penalties for non-compliance as described above for the Truck
and Bus Regulation. See section 2027(g). Sections 2027(h) (``Right of
Entry'') and 2027(i) (``Enforcement'') authorize and support efforts by
CARB and other officials to ensure compliance with the regulation.
Section 2023(j) is a sunset clause that provides that, starting January
1, 2023, drayage trucks would no longer be subject to the provisions of

the Drayage Truck Regulation but rather would be subject to the
provisions of the Truck and Bus Regulation in 13 CCR section 2025. The
reader is directed to the July 11, 2011 proposed rule (page 40656) for
additional information on the content of the Drayage Truck Regulation.

Summary of EPA's Evaluation of the Regulations in Proposed Rule

    In our July 11, 2011 proposed rule, we described the basis for our
evaluation of the two regulations. Specifically, we noted that SIPs
must include enforceable emission limitations and other control
measures, means, or techniques, as well as schedules and timetables for
compliance, as may be necessary to meet the requirements of the Act
[see CAA section 110(a)(2)(A)]; must provide necessary assurances that
the State will have adequate personnel, funding, and authority under
State law to carry out such SIP (and is not prohibited by any provision
of Federal to State law from carrying out such SIP) [see CAA section
110(a)(2)(E)]; must be adopted by a State after reasonable notice and
public hearing [see CAA section 110(l)], and must not interfere with
any applicable requirement concerning attainment and reasonable further
progress (RFP), or any other applicable requirement of the Act [see CAA
section 110(l)].\3\
---------------------------------------------------------------------------

    \3\ CAA section 193, which prohibits any pre-1990 SIP control
requirement relating to nonattainment pollutants in nonattainment
areas from being modified unless the SIP is revised to insure
equivalent or greater emission reductions of such air pollutants,
does not apply to the Truck and Bus Regulation or the Drayage Truck
Regulation because they do not constitute pre-1990 SIP control
requirements.
---------------------------------------------------------------------------

    In our July 11, 2011 proposed rule, we proposed approval of the
Truck and Bus Regulation and Drayage Truck Regulation based on our
conclusion that the regulation would meet the applicable procedural and
substantive requirements of the Clean Air Act for SIPs and SIP
revisions described in the previous paragraph. The following paragraphs
summarize our findings in this regard from our proposed rule.
    First, with respect to the procedural requirements of CAA section
110(l), we noted the extensive public process that CARB conducted prior
to the adoption of the original versions of the Truck and Bus
Regulation in December 2008 and the Drayage Truck Regulation in
December 2007 and the extensive public process that CARB conducted for
the recent amendments to the two regulations. We anticipated that we
would conclude that CARB had met the applicable procedural requirements
for SIP revisions upon submittal by CARB of the final adopted
regulations as a SIP revision with the necessary public process
documentation.
    On September 21, 2011, CARB submitted the final adopted versions of
the Truck and Bus Regulation and the Drayage Truck Regulation to EPA as
a revision to the California SIP, and on December 9 and 15, 2011, CARB
supplemented the September 21, 2011 submittal with evidence of approval
of the regulations by the California Office of Administrative Law.
CARB's September 21, 2011 submittal, as supplemented on December 9 and
15, 2011, includes the documentation of the adoption and public process
for the amendments to the two regulations that we had anticipated in
our July 11, 2011 proposed rule. Thus, we conclude that CARB has met
the procedural requirements under CAA section 110(l) for reasonable
public notice and hearing prior to adoption of SIPs and SIP revisions.
    Second, in our July 11, 2011 proposed rule, we described the
general and specific authority granted to CARB under the California
Health and Safety Code (H&SC) to adopt and implement the two
regulations.
    Third, in our July 11, 2011 proposed rule, we evaluated the
enforceability of both regulations with respect to applicability and
exemptions; standard of conduct and compliance dates; sunset
provisions; discretionary provisions; and test methods, recordkeeping
and reporting,\4\ and concluded that the two regulations would be
enforceable for the purposes of CAA section 110(a)(2) for the following
reasons:
---------------------------------------------------------------------------

    \4\ These concepts are discussed in detail in an EPA memorandum
from J. Craig Potter, EPA Assistant Administrator for Air and
Radiation, et al., titled ``Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency,'' dated
September 23, 1987.
---------------------------------------------------------------------------

     The regulations would be sufficiently clear as to which
persons and which vehicles or engines are affected by the regulations;
     The regulations would be sufficiently specific so that the
persons affected by the regulations would be fairly on notice as to
what the requirements and related compliance dates are;
     The sunset clause in the Drayage Truck Regulation would be
acceptable because it merely transfers CARB's regulatory authority over
drayage trucks from the Drayage Truck Regulation to the Truck and Bus
Regulation;
     The ``director's discretion'' provisions in the two
regulations would be sufficiently limited in scope and application; and
     The regulations would require use of appropriate test
methods and would include adequate recordkeeping and reporting
requirements sufficient to ensure compliance with the applicable
requirements.
    Fourth, in our July 11, 2011 proposed rule, we noted that the
State's 2007 State Strategy to attain the 1997 PM2.5 and
ozone NAAQS in areas like the South Coast Air Basin and the San Joaquin
Valley are relying on the Truck and Bus Regulation and Drayage Truck
Regulation, among other CARB regulations, to help achieve needed
emissions reductions and thereby meet the aggregated State emissions
reduction commitments made by CARB in connection with the regional air
quality plans. As such, we concluded that the Truck and Bus Regulation
and the Drayage Truck Regulation would not interfere with RFP,
attainment or any other applicable requirement of the Act in accordance
with CAA section 110(l).
    Based on the evaluation summarized above, we concluded in our July
11, 2011 proposal that the Truck and Bus Regulation and the Drayage
Truck Regulation would be consistent with the relevant CAA
requirements, policies and guidance. The reader is directed to our July
11, 2011 proposed rule (pages 40657-40659) for a more detailed
discussion of our evaluation of the Truck and Bus Regulation and
Drayage Truck Regulation.
    Lastly, we indicated in our July 11, 2011 proposed rule that if the
State substantially revises the version of the Truck and Bus Regulation
or the Drayage Truck Regulation that was released for public comment by
the State and that was submitted for ``parallel processing,'' this
would result in the need for additional proposed rulemaking on the
regulations by EPA. On September 21, 2011, CARB submitted the final
versions of the Truck and Bus Regulation and Drayage Truck Regulation,
which were adopted by the CARB Executive Officer on September 19, 2011,
to EPA as a revision to the California SIP.
    The two final adopted regulations essentially mirror the versions
of the regulations that had been released for public comment and that
had been submitted to EPA for parallel processing, and on which EPA had
based the Agency's proposed approval. Because the two final adopted
regulations are essentially the same as the versions of the rules on
which the proposed approval was based, we can rely on our evaluation of
the proposed versions of the Truck and Bus Regulation and Drayage Truck
Regulation, as set forth in our July 11,

2011 proposed rule and summarized above, in taking today's final action
to approve the final adopted versions of the regulations.
    Under California law, once adopted, a regulation must still be
approved by the California Office of Administrative Law (OAL) to take
effect. CARB's Truck and Bus Regulation and Drayage Truck Regulation,
as amended, were approved by OAL on December 14, 2011 and November 9,
2011, respectively, and became effective under State law on the same
days as their OAL approvals. On December 9, 2011 and December 15, 2011,
CARB submitted evidence of approval of the final, adopted Drayage Truck
Regulation and Truck and Bus Regulation, respectively, by the
California OAL to EPA as supplements to CARB's September 21, 2011 SIP
revision, and therefore, CARB has now provided EPA with all of the
documentation necessary for EPA to take this final action on the two
subject regulations.

II. Public Comments and EPA Responses

    Our July 11, 2011 proposed rule provided a 30-day comment period.
During this period, we did not receive any comments on our proposed
action on CARB's Truck and Bus Regulation. However, we received three
comment letters in connection with our proposed action on CARB's
Drayage Truck Regulation. The comments and our responses are provided
below.
    Individual Trucking Company: An Individual Trucking Company
requests that EPA prevent Phase 2 of CARB's Drayage Truck Regulation
from being implemented on the schedule set forth in the regulation due
to social and economic impacts that the Individual Trucking Company
believes will result, in part due to the absence of a CARB-verified
filter available to allow truck owners and operators to comply with
Phase 2 requirements. The Individual Trucking Company notes that
development of such a filter is unlikely now that the schedule for
Phase 2 compliance by non-drayage trucks has been extended to dates
later than for drayage trucks.
    EPA Response: Under Phase 2 of CARB's Drayage Truck Regulation,
beginning January 1, 2014, all drayage trucks must be equipped with a
1994 or newer model year engine that meets or exceeds 2007 MY
California or federal emission standards. See 13 CCR 2027(d)(2). In our
July 11, 2011 proposed rule, we evaluated the Drayage Truck Regulation
against the procedural and substantive requirements of the CAA for SIPs
and SIP revisions and determined that the regulation meet all of the
applicable requirements. See pages 40657-40659 of the proposed rule.
    Under the CAA, EPA is required to approve a SIP submission that
complies with the provisions of the Act and applicable Federal
requirements. See section 110(k) of the CAA and 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. The above
comments from the Individual Trucking Company do not challenge EPA's
conclusion that the Drayage Truck Regulation meets all applicable CAA
requirements but rather contend, for various reasons, that Phase 2 of
CARB's Drayage Truck Regulation is too costly and may not be
economically or technologically feasible. However, such considerations
cannot form the basis for EPA disapproval of a rule submitted by a
state as part of a SIP [see Union Electric Company v. EPA; 427 U.S.
246, 265 (1976)]. Moreover, EPA disapproval of CARB's regulation would
not prevent the implementation of Phase 2 because the Phase 2
requirements would still apply, and would still be enforceable, under
State law, regardless of EPA's action to approve or disapprove the
regulation as a revision to the California SIP.
    Anonymous Oakland Trucker: The Oakland trucker objects to CARB's
decision not to delay Phase 2 of the Drayage Truck Regulation
consistent with the delay adopted for non-drayage truckers under the
Truck and Bus Regulation and contends that, due to the lack of a filter
to allow 2004-2006 MY trucks to remain compliant with the regulation
through 2020, certain social and economic consequences will result.
    EPA Response: As explained above in our response to the Individual
Trucking Company, in reviewing SIP submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act, and that objections to a State rule grounded in economic
or technological feasibility cannot form the basis for EPA disapproval
of the rule submitted by a state as part of a SIP.
    West State Alliance: West State Alliance (WSA), an association of
truckers and ancillary goods movement industries servicing the Port of
Oakland, generally requests that EPA disapprove the Drayage Truck
Regulation as a revision of the California SIP based on the contents of
seven documents attached to their general comment requesting
disapproval. The seven documents include the following:
     A letter from WSA to CARB, dated December 28, 2010,
objecting to CARB's December 17, 2010 decision not to delay the Phase 2
requirements under the Drayage Truck Regulation.
     A letter from Horizon Freight System, Inc. to CARB, dated
December 29, 2010, objecting to CARB's December 17, 2010 decision not
to delay the Phase 2 requirements under the Drayage Truck Regulation.
     A letter from Diesel Emissions Service to WSA, dated
December 29, 2010, discussing the lack of an available EPA- or CARB-
verified retrofit system that would allow the operator of a 1994-2006
model year engine to meet the requirements of Phase 2 of CARB's Drayage
Truck Regulation.
     An undated letter from an Oakland City Councilmember to
CARB objecting to CARB's failure to extend the Phase 2 compliance dates
in the Drayage Truck Regulation consistent with the compliance date
extensions adopted by CARB in the Truck and Bus Regulation.
     An undated WSA fact sheet concerning CARB's Drayage Truck
Regulation that was circulated after CARB's December 17, 2010 decision
not to delay the Phase 2 requirements under the Drayage Truck
Regulation.
     A WSA request to CARB submitted May 16, 2011 requesting
that CARB reconsider the Proposed Amendments to the Drayage Truck
Regulation of October 2010 that would have aligned scheduled upgrades
for drayage trucks with other diesel trucks under CARB's Truck and Bus
Regulation.
     A letter to CARB dated August 3, 2011 from an attorney
retained by WSA concerning the costs of implementation of Phase 2 of
CARB's Drayage Truck Regulation as well as CARB's purported failure to
prepare a study on the economic impacts on business under California
Government Code 11346, et seq., in connection with CARB's decision not
to delay implementation of Phase 2 of the Drayage Truck Regulation.
    EPA Response: EPA has reviewed the seven documents and finds that,
with one exception, the comments contained therein object to the
compliance date for Phase 2 requirements under CARB's Drayage Truck
Regulation based on purported economic or technological infeasibility,
unfairness relative to non-drayage truckers, and unavailability of
funding, and that the comments also denounce the purported adverse
social impacts that will result, particularly to the West Oakland
community. However, as discussed above in responses to comments from
the Individual Trucking Company and the Anonymous Oakland Trucker, such
considerations cannot

form the basis for EPA disapproval of the rule submitted by a state as
part of a SIP.
    The one specific comment that does relate to EPA's action is
directed to CARB, rather than EPA, but it challenges CARB's decision
not to extend Phase 2 compliance dates on state law grounds. SIP rules
must be adopted by states in compliance with their own laws because a
state must provide necessary assurances that it has adequate legal
authority to carry out the SIP revision and, where a state has not
followed its own laws in adopting a rule subsequently submitted as a
SIP revision, such assurances generally cannot be provided. See CAA
section 110(a)(2)(E).
    In this instance, the commenter accuses CARB of failing to follow
the mandates of state law proscribed by California Government Code
section 11346, et seq., which generally establishes procedures for
state departments and agencies for adoption, amendment, or repeal of
administrative regulations. Among the requirements are the duty to
assess the potential for adverse economic impact on California
businesses and individuals and to identify and evaluate alternatives
that are less burdensome but equally effective. See Cal. Government
Code Sec. Sec.  11346.2 and 11346.3. However, we note that CARB
specifically addressed the issue of adverse economic impacts related to
CARB's decision not to extend Phase 2 compliance dates under the
Drayage Truck Regulation in CARB's Final Statement of Reasons for
Rulemaking (for the Drayage Truck Regulation) (``FSOR''), which was
submitted by CARB in its SIP submittal dated September 21, 2011. In the
FSOR, CARB explains that CARB staff performed the required economic
analysis of the impacts to drayage businesses for compliance with the
Phase 2 requirements as part of the rulemaking decision in 2007, and
that no new economic analysis is required for CARB's decision to retain
those requirements. See CARB's FSOR, page 46. We find that CARB's
response adequately addresses this issue and provides us with the
necessary assurances that CARB has complied with state law in adopting
the Drayage Truck Regulation and will be able to carry out this SIP
revision.

III. Final Action

    No comments were submitted that change our assessment that the
Truck and Bus Regulation and Drayage Truck Regulation comply with the
relevant CAA requirements. Therefore, pursuant to section 110(k)(3) of
the CAA and for the reasons given above and in our July 11, 2011
proposed rule, EPA is taking final action to approve the Truck and Bus
Regulation and Drayage Truck Regulation into the California SIP. The
specific rules approved into the SIP in today's action are:
     13 CCR section 2025 (``Regulation to Reduce Emissions of
Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria
Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles''), as
adopted by the CARB Executive Officer on September 19, 2011, submitted
on September 21, 2011, and made effective under State law on December
14, 2011; and
     13 CCR section 2027 (``In-Use On-Road Diesel-Fueled Heavy-
Duty Drayage Trucks''), as adopted by the CARB Executive Officer on
September 19, 2011, submitted on September 21, 2011, and made effective
under State law on November 9, 2011.

Final approval of the regulations and incorporation of them into the
California SIP makes them federally enforceable.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 4, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.

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

     Dated: January 26, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(409) and (c)(410)
to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (409) New regulation was submitted on December 9, 2011, by the
Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) State of California Office of Administrative Law, ``Notice of
Approval of Regulatory Action,'' Title 13, California Code of
Regulations (CCR), section 2027, effective on November 9, 2011.
    (2) Final Regulation Order, 13 CCR section 2027 (``In-Use On-Road
Diesel-Fueled Heavy-Duty Drayage Trucks'').
    (410) New regulation was submitted on December 15, 2011, by the
Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) State of California Office of Administrative Law, ``Notice of
Approval of Regulatory Action,'' Title 13, California Code of
Regulations (CCR), section 2025, effective on December 14, 2011.
    (2) Final Regulation Order, 13 CCR section 2025 (``Regulation to
Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and
Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled
Vehicles'').

[FR Doc. 2012-7023 Filed 4-3-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62781-62782]
[FR Doc No: 2023-19776]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-OAR-2023-0412; FRL-11163-01-R8]

Proposed Information Collection Request; Comment Request; Federal
Implementation Plan for Oil and Natural Gas Well Production Facilities,
Fort Berthold Indian Reservation (Mandan, Hidatsa and Arikara Nation),
North Dakota (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Federal Implementation Plan for
Oil and Natural Gas Well Production Facilities, Fort Berthold Indian
Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota
(Renewal)'' (EPA ICR No. 2478.04, OMB Control No. 2008-0001), to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (PRA). Before doing so, the
EPA is soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through March 31, 2024. This
document allows for 60 days for public comments.

DATES: Comments must be received on or before November 13, 2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-R08-
OAR-2023-0412, to EPA online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. 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: Adam Eisele, U.S. Environmental
Protection Agency, Region 8, Air and Radiation Division, (Mail Code
8ARD-PM), 1595 Wynkoop Street, Denver, Colorado 80202-1129, telephone
number:<PHONE_NUMBER>, email address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through March 31, 2024. An agency may not
conduct, or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
    This document allows 60 days for public comments. 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 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register
document to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: This ICR covers information collection requirements in
the final Federal Implementation Plan (FIP) for Oil and Natural Gas
Well Production Facilities; Fort Berthold Indian Reservation (Mandan,
Hidatsa, and Arikara Nation), North Dakota (40 CFR part 49, subpart K,
Sec. Sec.  49.4161 through 49.4168), herein referred to as the FBIR
FIP. In general, owners or operators are required to: (1) conduct
certain monitoring; (2) keep specific records to be made available at
the EPA's request; and (3) to prepare and submit an annual report (40
CFR part 49, subpart K, Sec. Sec.  49.4166 through 49.4168). These
records and reports are necessary for the EPA Administrator (or the
tribal agency if delegated), for example, to: (1) confirm compliance
status of stationary sources; (2) identify any stationary sources not
subject to the requirements and identify stationary sources subject to
the regulations; and (3) ensure that the stationary source control
requirements are being achieved. All information submitted to us
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to the agency
policies set forth in 40 CFR part 2, subpart B.
    Form numbers: None.
    Respondents/affected entities: Owners or operators of oil and
natural gas well production facilities on the Fort Berthold Indian
Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota.
    Respondent's obligation to respond: Mandatory (42 U.S.C. 7414).
    Estimated number of respondents: 3,002 (total).
    Frequency of response: Annually.
    Total estimated burden: 137,279 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $52,619,019 (per year), which includes
$43,453,950 annualized capital and operation and maintenance costs.
    Changes in the estimates: There is an increase of 25,343 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to anticipated industry growth
projected to occur over the next 3-year period of this ICR.

    Dated: September 5, 2023.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2023-19776 Filed 9-12-23; 8:45 am]
BILLING CODE 6560-50-P