[Federal Register: July 11, 2008 (Volume 73, Number 134)]
[Proposed Rules]
[Page 39897-39900]
[DOCID:fr11jy08-11]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0420; FRL-8690-6]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Dallas/Fort Worth 1-Hour Ozone Nonattainment Area; Determination
of Attainment of the 1-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to determine that the Dallas/Fort Worth
(DFW) 1-hour ozone nonattainment area is currently attaining the 1-hour
ozone National Ambient Air Quality Standard (NAAQS). This determination
is based upon certified ambient air monitoring data that show the area
has monitored attainment of the 1-hour ozone NAAQS for the 2004-2006
monitoring period. In addition, quality controlled and quality assured
ozone data for 2007 and 2008 that are available in the EPA Air Quality
System database, but not yet certified, show this area continues to
attain the 1-hour ozone NAAQS. If this proposed determination is made
final, the requirements for this area to submit an attainment
demonstration or 5% Increment of Progress (IOP) plan, a reasonable
further progress plan, contingency measures, and other planning State
Implementation Plans (SIPs) related to attainment of the 1-hour ozone
NAAQS shall be suspended for so long as the area continues to attain
the 1-hour ozone NAAQS.

DATES: Comments must be received on or before August 11, 2008.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2008-0420, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 Contact Us Web site: http://epa.gov/
region6/r6coment.htm. Please click on 6PD (Multimedia) and select Air
before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2008-0420. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail that you consider to be
CBI or otherwise protected from disclosure. The http://
www.regulations.gov Web site is an anonymous access system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a fee of 15 cents per page for making photocopies
of documents. On the day of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas
75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>, fax
(214) 665-7263, e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA. This supplementary information section is
arranged as follows:

I. What Is the Background for This Action?
II. What Is the Impact of a United States Court of Appeals Decision
in the South Coast Case Regarding EPA's Phase 1 Ozone Implementation
Rule on This Proposed Rule?
III. Proposed Determination of Attainment
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    The Clean Air Act (the Act) requires us to establish National
Ambient Air Quality Standards (NAAQS) for certain widespread pollutants
that cause or contribute to air pollution that is reasonably
anticipated to endanger public health or welfare (sections 108 and 109
of the Act). In 1979, we promulgated the 1-hour ozone standard of 0.12
parts per million (ppm) (44 FR 8202, February 8, 1979). For ease of
communication, many reports of ozone concentrations are given in parts
per billion (ppb); ppb = ppm x 1000. Thus, 0.12 ppm becomes 120 ppb or
124 ppb when rounding is considered.
    An area exceeds the 1-hour ozone standard each time an ambient air
quality monitor records a 1-hour average ozone concentration above 0.12
ppm in any given day. Only the highest 1-hour ozone concentration at
the monitor during any 24 hour day is considered when determining the
number of exceedance days at the monitor. An area violates the ozone
standard if, over a consecutive 3-year period, more than 3 days of
exceedances occur at the same monitor. For more information please see
``National 1-hour primary and secondary air quality standards for
ozone'' (40 CFR 50.9) and ``Interpretation of the 1-Hour Primary and
Secondary National Ambient Air Quality Standards for Ozone'' (40 CFR
50, Appendix H).
    The fourth-highest daily ozone concentration over the 3-year period
is called the design value (DV). The DV indicates the severity of the
ozone problem in an area; it is the ozone level around which a state
designs its control strategy for attaining the ozone standard. A
monitor's DV is the fourth highest ambient concentration recorded at
that monitor over the previous 3 years. An area's DV is the highest of
the design values from the area's monitors.
    The Act, as amended in 1990, required EPA to designate as
nonattainment any area that was violating the 1-hour ozone standard,
generally based on air quality monitoring data from the 1987 through
1989 period (section 107(d)(4) of the Act; 56 FR 56694, November 6,
1991). The Act further classified these areas, based on their ozone
DVs, as marginal, moderate, serious, severe, or extreme.
    The control requirements and date by which attainment is to be
achieved vary with an area's classification. Marginal areas are subject
to the fewest mandated control requirements and had the earliest
attainment date, November 15, 1993, while severe and extreme areas are
subject to more stringent planning requirements and are provided more
time to attain the standard. The DFW 1-hr ozone nonattainment area was
initially classified as moderate (56 FR 56694, November 6, 1991) with
an attainment date of November 15, 1996. Since the area did not attain
the standard by November 15, 1996, we reclassified the area to serious
on March 20, 1998 (63 FR 8128). The statutory attainment date for DFW,
with its reclassification to serious, was November 15, 1999. The DFW 1-
hour ozone nonattainment area contains Dallas, Tarrant, Collin, and
Denton Counties (40 CFR parts 81.344). As a result of the
reclassification to serious, the State was required to submit an
attainment demonstration SIP with an attainment date of November 15,
1999 and a Rate of Progress (ROP) SIP covering the years from November
15, 1996 to November 15, 1999. The State submitted those SIPs on March
19, 1999. The State had previously submitted the moderate area 15% ROP
plan on August 8, 1996, before the area was reclassified to serious.
The 15% plan was given a conditional, interim approval.
    Our review showed that the attainment demonstration SIP submitted
in 1999 did not contain an adequate control strategy or adopted
measures to implement the strategy and the 1999 Post-1996 ROP SIP did
not achieve the required 9% reduction in emissions for the time period.
Therefore, we found both SIPs incomplete and started sanctions and
Federal Implementation Plan (FIP) clocks effective May 13, 1999.
    A new Post-1996 ROP SIP was submitted October 25, 1999, and was
found complete on December 16, 1999, since the new plan contained
additional volatile organic compound (VOC) reductions to meet the 9%
requirement. The new attainment demonstration SIP was submitted April
25, 2000, and was found complete on June 23, 2000, because it contained
a modeled control strategy and adopted regulations to implement the
strategy. These two completeness findings stopped the sanctions clocks.
The 2000 SIP also contained a transport determination. Under an EPA
policy, ``Extension of Attainment Dates for Downwind Transport Areas,''
dated July 16, 1998, an area such as DFW could have been granted an
attainment date extension if it could be shown that the DFW area was
affected by emissions from an up-wind nonattainment area with a later
attainment date (e.g., Houston 2007) to a degree that affects the
downwind area's ability to achieve attainment. This policy was not
upheld by the Courts. See, Sierra Club v. EPA, 294 F.3rd 155 (D.C. Cir.
2002), Sierra Club v. EPA, 311 F.3rd 853 (7th Cir. 2002), and Sierra
Club v. EPA, 314 F.3rd 735 (5th Cir. 2002). EPA proposed approval of
the 2000 SIP and transport demonstration on January 18, 2001 (66 FR
4756). However, due to the Courts' ruling EPA could not take final
action on this SIP.
    EPA published the 8-hour ozone designations and the first phase
governing certain facets of implementation of the 8-hour ozone standard
(Phase 1 Rule) on April 30, 2004 (69 FR 23858 and 69 FR 23951,
respectively). The DFW area was designated as nonattainment for the 8-
hour ozone standard and comprises nine counties: Collin, Dallas,
Denton, and Tarrant counties (these four constitute the 1-hour ozone
nonattainment area, hereafter referred to as the four core counties),
and Ellis, Johnson, Kaufman, Parker and Rockwall counties. At the time
of designation however, the four core counties remained in
nonattainment for the 1-hour standard and had two outstanding 1-hour
ozone obligations: (1) The area did not have an approved 1-hour ozone
attainment demonstration; and (2) the area did not have approved
reasonably available control technology (RACT) requirements for major
sources of VOC emissions (VOC RACT).
    The Phase 1 Rule revoked the 1-hour ozone standard (see 69 FR
23951). The Phase 1 Rule further provided the following three options
for areas that had not met the 1-hour ozone attainment demonstration
requirement: (1) Submit a 1-hour attainment demonstration no later than
1 year after designation; (2) Submit a Reasonable Further Progress
(RFP) plan for the 8-hour NAAQS, no later than 1 year following
designations for the 8-hour NAAQS, providing a 5% increment of
emissions reduction from the area's 2002 emissions inventory (EI); or
(3) Submit an early 8-hour ozone attainment demonstration SIP that
ensures that the first segment of RFP is achieved early (See 40 CFR
51.905(a)(ii)). Texas selected option 2, to submit the RFP plan
providing a 5% increment of emissions reduction from the area's 2002
EI. This increment of emissions reduction is called the 5% Increment of
Progress (IOP) plan. Texas submitted the 5% IOP plan for DFW, but EPA
has not taken final action on the plan.
    The Phase 1 Rule also provided that 1-hour ozone nonattainment
areas are required to adopt and implement ``applicable requirements''
according to the area's classification under the 1-hour ozone standard
for anti-backsliding

purposes (see 40 CFR Sec.  51.905(a)(i)). On May 26, 2005, we
determined that an area's 1-hour designation and classification as of
June 15, 2004 would dictate what 1-hour obligations remain as
``applicable requirements'' under the Phase 1 Rule (70 FR 30592). The
DFW 1-hour nonattainment area was still classified as serious on June
15, 2004, so the 1-hour ozone standard requirements applicable to the
four core counties are those that apply to nonattainment areas
classified as serious. An outstanding ``applicable requirement'' for
the four core counties is the VOC RACT. We proposed to approve RACT for
all major sources of VOCs in the 1-hour DFW nonattainment area on
January 18, 2001 (66 FR 4756) and received no comments. In a separate
rulemaking, we are re-proposing to approve RACT for all major sources
of VOCs in the 1-hour DFW nonattainment area.
    Apart from the attainment demonstration and RACT, the DFW area has
satisfied all other serious area applicable requirements under the 1-
hour ozone standard. See the area's Clean Fuels Fleet Program (February
7, 2001 at 66 FR 9203); the area's post 1996 Rate of Progress (ROP)
plan and associated motor vehicle emission budgets (MVEBs) (March 28,
2005 at 70 FR 15592); and the area's 15% ROP plan and associated MVEBs
(April 12, 2005 at 70 FR 18993). For a complete list, see the Texas SIP
map at http://www.epa.gov/earth1r6/6pd/air/sip/sip.htm.

II. What Is the Impact of a United States Court of Appeals Decision in
the South Coast Case Regarding EPA's Phase 1 Ozone Implementation Rule
on This Proposed Rule?

    On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit vacated the Phase 1 Rule. South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). On June 8,
2007, in South Coast Air Quality Management Dist. v. EPA, Docket No.
04-1201, in response to several petitions for rehearing, the D.C.
Circuit clarified that the Phase 1 Rule was vacated only with regard to
those parts of the rule that had been successfully challenged. With
respect to the challenges to the anti-backsliding provisions of the
rule, the Court vacated three provisions that would have allowed States
to remove from the SIP or not to adopt three 1-hour obligations once
the 1-hour standard was revoked to transition to the implementation of
the 8-hour ozone standard: (1) Nonattainment area new source review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) section 185 penalty fees for 1-hour severe or
extreme nonattainment areas that fail to attain the 1-hour standard by
the 1-hour attainment date; and (3) measures to be implemented pursuant
to section 172(c)(9) or 182(c)(9) of the Act, on the contingency of an
area not making reasonable further progress toward attainment of the 1-
hour NAAQS or for failure to attain that NAAQS. The Court clarified
that 1-hour conformity determinations are not required for anti-
backsliding purposes.
    The provisions in 40 CFR 51.905(a)-(c) concerning anti-backsliding
remain in effect and areas must continue to meet those requirements.
However, the three provisions noted above, which are specified in 40
CFR 51.905(e), were vacated by the Court. As a result, States must
continue to meet the obligations for 1-hour NSR; 1-hour contingency
measures; and, for severe and extreme areas, the obligations related to
a section 185 fee program. Currently, EPA is developing several
proposed rules to address the Court's vacatur and remand with respect
to these three requirements. We address below how the obligations for
DFW will be met, specifically, the 1-hour obligations under EPA's anti-
backsliding rule (as interpreted by the Court), and the obligation
under 40 CFR 51.905(a)(ii)(B) that applies to DFW because DFW did not
have a fully approved attainment SIP for the 1-hour NAAQS at the time
of its designation under the 8-hour NAAQS, will be met.

III. Proposed Determination of Attainment

    EPA is proposing to find that the DFW 1-hour ozone nonattainment
area is currently in attainment of the 1-hour standard based on the
most recent 3 years of quality-assured air quality data. Certified
ambient air monitoring data show that the area has monitored attainment
of the 1-hour ozone NAAQS for the 2004-2006 monitoring period. Quality
controlled and quality assured ozone data for 2007 and 2008 that are
available in the EPA Air Quality System database (AQS), but not yet
certified, show this area continues to attain the 1-hour ozone NAAQS.
In addition, as of June 30, 2008, data available in AQS and on the
Texas Commission on Environmental Quality Web site at http://
www.tceq.state.tx.us/cgi-bin/compliance/monops/ozone_exceedance.pl
show no exceedances of the 1-hour standard for the DFW area in 2008.
Consistent with 40 CFR 50, Appendix H, Table 1 contains the 1-hour
ozone data for the DFW 1-hour ozone nonattainment area monitors that
show that the area is currently attaining the 1-hour ozone NAAQS.

                                         Table 1.--1-Hour Ozone Data for the DFW 1-Hour Ozone Nonattainment Area
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                                                     Design value (ppb)       Actual and estimated number of exceedances \a\        3-year exceedance
                                                 ------------------------------------------------------------------------------          average
                      Site                                                                                -------------------------
                                                   2004-2006    2005-2007       2004         2005         2006         2007      2004-2006    2005-2007
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Denton County Airport (48-121-0034).............          118          118            0            0            0            1            0         0.33
Nuestra (48-113-0075)...........................          117           16            0            0            0            0            0            0
Hinton (48-113-0069)............................          114          114            0            0            0            0            0            0
Executive (48-113-0087).........................          111          110            1            0            0            0         0.33            0
Keller (48-439-2003)............................          115          117            0            2            0            1         0.67         1.00
Meacham (48-439-1002)...........................          117          118            0            2            0            1         0.67         1.00
Arlington (48-439-3011).........................          113          113            0            0            0            0            0            0
Eagle Mt. Lake (48-439-0075)....................          124          124            1            2            0            1         1.00         1.00
Grapevine (48-439-3009).........................          112          111            1            0            0            0         0.33            0
Frisco (48-085-0005)............................          113          111            0            0            0            0            0            0
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\a\ The actual and estimated number of exceedances were equal in all cases.

    Pursuant to the interpretation set forth in the May 10, 1995
memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, entitled ``Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for Ozone Nonattainment Areas
Meeting the Ozone Ambient Air Quality Standard'' (Clean Data Policy),
EPA is proposing to make a finding of attainment based on current air
quality. Under this policy, if EPA determines through rulemaking that
the DFW 1-hour ozone nonattainment area is meeting the 1-hour ozone
standard, the requirements for the State to submit and have approved an
attainment demonstration and related components such as reasonably
available control measures (RACM), an RFP demonstration (including the
5% IOP plan), and contingency measures for failure to attain or make
RFP are suspended as long as the area continues to attain the 1-hour
ozone NAAQS. If the area subsequently violates the ozone NAAQS, EPA
would initiate notice-and-comment rulemaking to withdraw the
determination of attainment, which would result in reinstatement of the
requirement for the State to submit such plans.
    The Tenth, Seventh and Ninth Circuits have upheld EPA rulemakings
applying the Clean Data Policy. See Sierra Club v. EPA, 99 F. 3d 1551
(10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004) and
Our Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28,
2005) memorandum opinion.\1\ See also the discussion and rulemakings
cited in the Phase 2 Rule, 70 FR 71644-71646 (November 29, 2005).
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    \1\ The Clean Data Policy, as it is embodied in 40 CFR 51.918,
is being challenged in the context of the 8-hour ozone standard in
the Phase 2 Rule ozone litigation pending in the D.C. Circuit, NRDC
v. EPA, No. 06-1045 (D.C. Cir.).
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IV. What Action Is EPA Taking?

    EPA proposes to find that the DFW 1-hour ozone nonattainment area
has attained the 1-hour ozone standard. Thus the requirements for
submitting the attainment demonstration, RFP requirements, or in this
case a 5% IOP, (40 CFR 51.905(a)), and section 172(c)(9) and section
182(c)(9) contingency measures are suspended for so long as the area is
attaining the standard.
    Thus pursuant to our proposed determination of attainment and in
accordance with our Clean Data Policy, the effect of the finding is
that the following requirements to submit SIP measures under the 1-hour
anti-backsliding provisions (40 CFR Section 51.905) are suspended for
so long as the area continues to attain the 1-hour standard:
    RFP reductions under section 182(c)(2)(B) (for serious and above
areas)
    Attainment demonstration under section 182(c)(2) (for serious and
above areas)
    Contingency measures under section 172(c)(9) and section 182(c)(9)
(for serious and above areas).

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action proposes to make a determination based on air quality data, and
would, if finalized, result in the suspension of certain Federal
requirements. Accordingly, the Administrator certifies that this rule
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601, et
seq.). Because this rule proposes to make a determination based on air
quality data, and would, if finalized, result in the suspension of
certain Federal requirements, it 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). This proposed
rule also does not have tribal implications because it will not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This proposed action also does not have
Federalism implications because it does not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to make a determination based on air quality data and
would, if finalized, result in the suspension of certain Federal
requirements, and does not alter the relationship or the distribution
of power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it proposes to determine that air
quality in the affected area is meeting Federal standards. The
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply because it
would be inconsistent with applicable law for EPA, when determining the
attainment status of an area, to use voluntary consensus standards in
place of promulgated air quality standards and monitoring procedures
that otherwise satisfy the provisions of the Clean Air Act. This
proposed rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501,
et seq.). Under Executive Order 12898, EPA finds that this rule
involves a proposed determination of attainment based on air quality
data and will not have disproportionately high and adverse human health
or environmental effects on any communities in the area, including
minority and low-income communities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 1, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
 [FR Doc. E8-15809 Filed 7-10-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78934-78935]
[DOCID:fr24de08-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1085; Directorate Identifier 2008-CE-057-AD;
Amendment 39-15777; AD 2008-26-11]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. Models PA-46-350P,
PA-46R-350T, and PA-46-500TP Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Piper Aircraft, Inc. (Piper) Models PA-46-350P, PA-46R-350T, and PA-46-
500TP airplanes. This AD requires you to install a stall warning heat
control modification kit. This AD results from ice forming on the stall
vane heater during flights into icing conditions with the landing gear
down. We are issuing this AD to prevent ice from forming on the stall
vane, which may result in failure of the stall warning system. This
failure could result in the pilot being unaware of an approaching stall
situation.

DATES: This AD becomes effective on January 28, 2009.
    On January 28, 2009, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: For service information identified in this AD, contact Piper
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960; telephone:
(772) 567-4361; fax:<PHONE_NUMBER>; Internet: http://www.newpiper.com/
.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2008-1085;
Directorate Identifier 2008-CE-057-AD.

FOR FURTHER INFORMATION CONTACT: John Lee, Aerospace Engineer, Federal
Aviation Administration, Aircraft Certification Office, One Crown
Center, 1895 Phoenix Blvd., Suite 450, Atlanta, Georgia 30349;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On October 3, 2008, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain Piper Models PA-46-350P, PA-46R-350T, and PA-46-
500TP airplanes. This proposal was published in the Federal Register as
a notice of proposed rulemaking (NPRM) on October 10, 2008 (73 FR
60201). The NPRM proposed to require you to install a stall warning
heat control modification kit.

Comments

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

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 803 airplanes in the U.S.
registry.
    We estimate the following costs to do the modification:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane     U.S.  operators
----------------------------------------------------------------------------------------------------------------
1.5 work-hours x $80 per hour = $120.........................             $95             $215         $172,645
----------------------------------------------------------------------------------------------------------------

    Warranty credit may be given to the extent noted in the service
bulletin.

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 AD.

Regulatory Findings

    We have 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 that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2008-1085; Directorate Identifier 2008-CE-057-AD'' in your
request.

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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec.  39.13 by adding the following new AD:

2008-26-11 Piper Aircraft, Inc.: Amendment 39-15777; Docket No. FAA-
2008-1085; Directorate Identifier 2008-CE-057-AD.

Effective Date

    (a) This AD becomes effective on January 28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

------------------------------------------------------------------------
                 Models                            Serial Nos.
------------------------------------------------------------------------
PA-46-350P.............................  4622001 through 4622200 and
                                          4636001 through 4636445.
PA-46R-350T............................  4692001 through 4692054.
PA-46-500TP............................  4697001 through 4697365.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from ice forming on the stall vane heater
during flights into icing conditions with the landing gear down. We
are issuing this AD to prevent ice from forming on the stall vane,
which may result in failure of the stall warning system. This
failure could result in the pilot being unaware of an approaching
stall situation.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Install Stall Warning Heat    Within the next 100   As specified in
 Control Modification Kit,     hours time-in-        Piper Mandatory
 Piper part number 88452-002.  service after         Service Bulletin
                               January 28, 2009      No. 1192, dated
                               (the effective date   September 15, 2008,
                               of this AD).          following Drawing
                                                     No. 88452, dated
                                                     June 19, 2008.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: John Lee, Aerospace Engineer, Federal Aviation Administration,
Atlanta ACO, One Crown Center, 1895 Phoenix Blvd., Suite 450,
Atlanta, Georgia 30349; telephone:<PHONE_NUMBER>; fax: (770) 703-
6097. 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.

Material Incorporated by Reference

    (g) You must use Piper Mandatory Service Bulletin No. 1192,
dated September 15, 2008, and Drawing No. 88452, dated June 19,
2008, 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 this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Piper
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http://
www.newpiper.com/.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on December 16, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-30406 Filed 12-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Proposed Rules]
[Pages 64905-64906]
[FR Doc No: 2013-25628]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 153

[Docket No. USCG-2013-0915]
RIN 1625-ZA31

Carriage of Conditionally Permitted Shale Gas Extraction Waste
Water in Bulk

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Coast Guard announces the availability of a proposed
policy letter concerning the carriage of shale gas extraction waste
water in bulk via barge, and invites public comment. The policy letter
specifies the conditions under which a barge owner may request and be
granted a Certificate of Inspection endorsement or letter allowing the
barge to transport shale gas extraction waste water in bulk. The policy
letter also defines the information the Coast Guard may require the
barge owner to provide and specifies the additional requirements the
Coast Guard is considering imposing on such barges. Upon reviewing
comments received on this proposed policy letter, Coast Guard will
issue the final policy letter and specify its effective date.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before November 29,
2013 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0915 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Dr. Cynthia A. Znati, Office of Design and Engineering
Standards, Hazardous Materials Division, U.S. Coast Guard; telephone
202-372-1412, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material on the
proposed policy letter concerning the carriage of conditionally
permitted shale gas extraction waste water in bulk. In particular, we
specifically request public comment regarding the disclosure of
proprietary information to the Coast Guard, and regarding the
applicability of testing requirements for radioactive materials to all
regions where shale gas extraction waste water may be transported by
barge. All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have
provided.
    Submitting comments: If you submit a comment, please include the
docket number for this notice (USCG-2013-0915) and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an email address, or a telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Notices'' and insert ``USCG-2013-0915'' in the ``Keyword'' box. Click
``Search'' then click on the balloon shape in the ``Actions'' column.
If you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period.
    Viewing the comments and proposed new policy letter: To view the
comments and the policy letter, go to http://www.regulations.gov, click
on the ``read comments'' box, which will then become highlighted in
blue. In the ``Keyword'' box insert ``USCG-2013-0915'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
    Privacy Act: Anyone can search the electronic form of comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act, system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    This notice is issued under authority of 5 U.S.C. 552(a). The
purpose of this notice is to announce the availability of the Coast
Guard's proposed policy letter entitled ``Carriage of Conditionally
Permitted Shale Gas Extraction Waste Water in Bulk,'' and to request
public comments on the policy the letter describes. The policy letter
specifies the conditions under which a barge owner may request and be
granted a Certificate of Inspection endorsement or letter, under 46 CFR
part 153, allowing the barge to transport shale gas extraction waste
water (SGEWW) in bulk as Conditionally Permitted SGEWW. The policy
letter also defines the information the Coast Guard may require the
barge owner to provide and specifies the additional requirements the
Coast Guard is considering imposing on such barges.
    SGEWW is a by-product of drilling for natural gas using
unconventional hydraulic fracturing technology, which involves the
injection of water, sand, and chemical additives. The sand remains in
the well but a substantial portion of the injected fluid re-surfaces
after the drilling and must be handled as SGEWW. At present, this SGEWW
is either stored at the drilling site or transported by rail or truck
to remote storage or reprocessing centers. There is commercial interest
in transporting SGEWW from northern Appalachia via inland waterways to
storage or reprocessing centers and final disposal sites in Ohio,
Texas, and Louisiana.
    Pursuant to 46 CFR 153.900(a) and (c), under certain circumstances
a bulk liquid hazardous material may be transported by a tank vessel if
it is a ``listed cargo'' (listed in any of several specified tables in
Coast Guard regulations). SGEWW, however, cannot be treated as a
``listed cargo'' because the specific chemical composition of SGEWW
varies from one consignment load to another and may contain one or more
hazardous materials as defined in 46 CFR 153.2, including radioactive
isotopes such as radium-226 and radium-228. Variables affecting the
chemical composition of SGEWW include the chemicals present in the
initial drilling fluid, the specific site being drilled, and the age of
the well. In addition, each load can be a mixture of SGEWW from
different wells.
    Upon reviewing comments received on this proposed policy letter,
Coast Guard will issue the final policy letter and specify its
effective date.

    Dated: October 23, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, United States Coast
Guard.
[FR Doc. 2013-25628 Filed 10-29-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Page 18524]
[FR Doc No: 2019-08841]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1664-000]

Refresh Wind, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Refresh Wind, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 15, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: April 25, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-08841 Filed 4-30-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Notices]
[Pages 57088-57089]
[FR Doc No: 2011-23597]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65300; File No. SR-CHX-2011-17]

Self-Regulatory Organizations; Chicago Stock Exchange,
Incorporated; Notice of Designation of a Longer Period for Commission
Action on Proposed Rule Change Regarding the Submission by the Exchange
of Clearing-Related Information for Trades Executed on the Exchange as
Well as for Trades Executed Otherwise Than on the Exchange

September 8, 2011.

I. Introduction

    On July 7, 2011, the Chicago Stock Exchange, Incorporated
(``Exchange'' or ``CHX'') filed with the Securities and Exchange
Commission (the ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to add CHX Rule 6 (Submission of
Clearing Information) to Article 21 (Clearance and Settlement) to set
forth the terms upon which CHX will submit information for clearing and
settlement and to amend Article 1, Rule 1 (Definitions) and Article 21,
Rule 1 (Trade Recording with a Qualified Clearing Agency) to add,
delete, and modify certain defined terms. The proposed rule change was
published for comment in the Federal Register on July 26, 2011.\3\ The
Commission received one comment on the proposal.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 64937 (July 20,
2011), 76 FR 44638 (``Notice'').
    \4\ See letter from Christopher Meyer, Chief Compliance Officer,
E*Trade Capital Markets, LLC, to Elizabeth M. Murphy, Secretary,
Commission, dated August 16, 2011.
---------------------------------------------------------------------------

    Section 19(b)(2)(A) of the Act \5\ provides that not later than 45
days after the date of publication of a proposed rule change, or within
such longer period up to 90 days as the Commission may designate if it
finds such longer period to be appropriate and publishes its reasons
for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is September 9, 2011.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(A).
---------------------------------------------------------------------------

    The Commission hereby extends the 45-day time period for Commission

action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change to help ensure that the Commission has
sufficient time to consider whether the proposal is consistent with the
Act and, thus, whether the proposal should be approved or disapproved.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \6\
and for the reason stated above, the Commission designates October 24,
2011, as the date by which the Commission should approve, disapprove,
or institute proceedings to determine whether to disapprove File No.
SR-CHX-2011-17.
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    \6\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23597 Filed 9-14-11; 8:45 am]
BILLING CODE 8011-01-P