[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44043-44045]
[FR Doc No: 2013-17628]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0635; Directorate Identifier 2012-SW-081-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Eurocopter France (Eurocopter) Model EC225LP helicopters. This proposed
AD

would require inspecting the swashplates for corrosion or a crack, and
making the appropriate repairs or replacement of parts. This proposed
AD is prompted by the discovery of corrosion on the swashplates when
the main rotor hub (MRH) assemblies were reconditioned. The proposed
actions are intended to detect corrosion or a crack in the swashplates,
which could lead to failure of the swashplate and subsequent loss of
helicopter control.

DATES: We must receive comments on this proposed AD by September 23,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the foreign
authority's AD, the economic evaluation, any comments received, and
other information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this proposed AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.eurocopter.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer,
Regulations and Policy Group, FAA, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2012-0131, dated July 31, 2012, to correct an unsafe condition for
Eurocopter Model EC225LP helicopters. EASA advises that corrosion has
been reported on the rotating and stationary swashplates of the MRH
assembly of several helicopters. This condition may cause cracks on the
swashplates, which may cause failure of MRH parts and loss of control
of the helicopter. The EASA AD requires repetitive inspections of the
affected swashplates after two years and replacing the MRH assembly if
a crack is found.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information

    We reviewed Eurocopter Alert Service Bulletin No. EC225-05A030,
Revision 0, dated July 12, 2012 (ASB). The ASB states that while
reconditioning the main rotor mast (MRM) assemblies, Eurocopter found
corrosion on the rotating and stationary swashplates under the
retaining flanges of the swashplate sub-assembly bearing. Over time,
this corrosion could initiate a crack. The ASB specifies inspecting the
MRM assembly for corrosion or a crack and replacing the MRM assembly if
a crack or corrosion is found. The FAA and EASA use the term MRH
assembly, while Eurocopter uses MRM assembly to describe the same
section of the helicopter.

Proposed AD Requirements

    This proposed AD would require:
    Within 110 hours time-in-service (TIS) or before the MRH assembly
accumulates 1,320 hours TIS, whichever occurs later, and thereafter at
intervals not to exceed 1,320 hours TIS, visually inspecting the
rotating and stationary swashplates for corrosion or a crack.
    If a crack exists in the rotating or stationary swashplates,
replacing the MRH assembly with an airworthy MRH.
    If corrosion exists without any visual indication of cracking,
doing the following: Before further flight, installing a placard
stating ``NO FLIGHT IN OAT BELOW -30[deg]C'' in the full view of the
pilots and inserting the same statement in the Limitations Section,
Section 2.3 Flight Envelope, Item 2 Temperature Limits, of the
helicopter's Rotorcraft Flight Manual (RFM).
    Within 150 hours TIS or 6 months after the inspection when the
corrosion was first detected, whichever occurs first, replacing the MRH
assembly with an airworthy assembly, removing any placard that states
``NO FLIGHT IN OAT BELOW -30[deg]C'' from the helicopter, and removing
any related limitation from the RFM.
    Replacing an MRH assembly would not constitute terminating action
for the repetitive inspections.

Costs of Compliance

    We estimate that this proposed AD would affect three helicopters of
U.S. Registry and that labor costs would average $85 per work-hour.
Based on these estimates, we expect the following costs:
     Inspecting the rotating and stationary swashplates for
corrosion or a crack would require 8 work-hours for a cost of $680 per
helicopter and $2,040 for the U.S. fleet, per inspection cycle. Making
and installing the placard

would require 0.5 work-hour, for a cost of $43 per helicopter. The
labor cost of installing paper in the flight manual would be negligible
for a helicopter.
     Replacing the MRH assembly would require 24 work-hours and
parts would cost $5,000, for a total cost of $7,040 per helicopter.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

EUROCOPTER FRANCE HELICOPTERS (Eurocopter): Docket No. FAA-2013-
0635; Directorate Identifier 2012-SW-081-AD.

(a) Applicability

    This AD applies to Eurocopter Model EC225LP helicopters with a
main rotor hub (MRH) assembly with a rotating swashplate, part
number (P/N) 332A31-3074-00 or 332A31-3076-00, and stationary
swashplate, P/N 332A31-3079-00 or 332A31-3079-01, installed,
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as corrosion or a crack in
the stationary or rotating swashplate of the MRH assembly, which
could lead to failure of the swashplate and subsequent loss of
helicopter control.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Required Actions

    (1) Within 110 hours time-in-service (TIS) or before the MRH
assembly accumulates 1,320 hours TIS, whichever occurs later, and
thereafter at intervals not to exceed 1,320 hours TIS, visually
inspect the rotating and stationary swashplates for corrosion or a
crack by following the Accomplishment Instructions, paragraph 3.B.2
and Figures 1 through 3, of Eurocopter Alert Service Bulletin No.
EC225-05A030, Revision 0, dated July 12, 2012 (ASB).
    (2) If a crack exists in the rotating or stationary swashplates,
replace the MRH assembly with an airworthy MRH.
    (3) If corrosion exists without any visual indication of
cracking, do the following:
    (i) Before further flight, install a placard stating ``NO FLIGHT
IN OAT BELOW -30 [deg]C'' in the full view of the pilots and add the
statement ``NO FLIGHT IN OAT BELOW -30 [deg]C'' to the Operating
Limitations Section of the helicopter's Rotorcraft Flight Manual
(RFM) by making pen and ink changes or by inserting a copy of this
AD in Section 2.3 Flight Envelope, Item 2 Temperature Limits.
    (ii) Within 150 hours TIS or 6 months after the inspection when
the corrosion was first detected, whichever occurs first, replace
the MRH assembly with an airworthy assembly. Remove any placard that
states ``NO FLIGHT IN OAT BELOW -30 [deg]C'' from the helicopter and
remove any related limitation from the RFM.
    (4) Replacement of an MRH assembly does not constitute
terminating action for the repetitive inspections required by
paragraph (d)(1) of this AD.

 (e) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Gary Roach, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR Part 119 operating
certificate or under 14 CFR Part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(f) Additional Information

    The subject of this AD is addressed in the European Aviation
Safety Agency (EASA) AD No. 2012-0131, dated July 31, 2012. You may
view a copy of the EASA AD in the AD Docket on the Internet at
http://www.regulations.gov.

 (g) Subject

    Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor
Mast/Swashplate.

    Issued in Fort Worth, Texas, on July 11, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-17628 Filed 7-22-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Page 16135]
[FR Doc No: 2019-07689]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2019-20]

Petition for Exemption; Summary of Petition Received; Alaska
Airlines

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

ACTION: Notice.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 7, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0167
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 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 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brenda Robeson,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 12, 2019.
Brandon Roberts,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2019-0167
    Petitioner: Alaska Airlines
    Section(s) of 14 CFR Affected: 121.434(c)(1)(ii)
    Description of Relief Sought: The petitioner requests an Exemption
from Federal Aviation Regulation (FAR) Sec.  121.434(c)(1)(ii) of Title
14, Code of Federal Regulations. The exemption would allow Alaska
Airlines to substitute a qualified and authorized check airman or
Aircrew Program Designee (APD), in place of an FAA inspector to observe
a qualifying pilot in command (PIC), while the PIC is performing
prescribed duties during at least one flight leg that includes a
takeoff and a landing. Furthermore, the observing check airman can be
the same check airman that is conducting the operating experience
check.

[FR Doc. 2019-07689 Filed 4-16-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Page 56074]
[FR Doc No: 2022-19715]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-1349]

Mikart, LLC, et al.; Withdrawal of Approval of 31 Abbreviated New
Drug Applications; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register on July 12, 2022. The document
announced the withdrawal of approval (as of August 11, 2022) of 31
abbreviated new drug applications (ANDAs) from multiple applicants. The
document indicated that FDA was withdrawing approval of the following
ANDAs after receiving withdrawal requests from USpharma Windlas, LLC,
115 Blue Jay Dr., Suite 101, Liberty, MO 64068: ANDA 204180, Amiloride
Hydrochloride Tablets, 5 milligrams (mg); and ANDA 205790, Prasugrel
Tablets, Equivalent to (EQ) 5 mg base and EQ 10 mg base. Before FDA
withdrew the approval of these ANDAs, USpharma Windlas, LLC, informed
FDA that it did not want the approval of the ANDAs withdrawn. Because
USpharma Windlas, LLC, timely requested that approval of ANDAs 204180
and 205790 not be withdrawn, the approvals are still in effect.

FOR FURTHER INFORMATION CONTACT: Martha Nguyen, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 1676, Silver Spring, MD 20993-0002, 240-
402-6980, [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of Tuesday, July 12,
2022 (87 FR 41322), in FR Doc. 2022-14798, the following correction is
made:
    On page 41322, in the table, the entries for ANDAs 204180 and
205790 are removed.

    Dated: September 7, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-19715 Filed 9-12-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Proposed Rules]
[Page 12289-12292]
[DOCID:fr24mr09-21]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0018]
RIN 1625-AA00

Safety Zone: Hampton Roads Air Show, Back River, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes establishing a safety zone on the
Back

River in the vicinity of Hampton, VA during the Hampton Roads Air Show.
This action is intended to restrict vessel traffic movement in the
vicinity of Willoughby Point, VA to protect mariners from the hazards
associated with air show events. We propose enforcement of this safety
zone from 5 p.m. to 9 p.m. on April 24, 2009, and daily from 9 a.m. to
5 p.m. on April 25, and April 26, 2009.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 14,
2009 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0018 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 methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Tiffany Duffy, Chief, Waterways Management
Division, Sector Hampton Roads at<PHONE_NUMBER>. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. 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
rulemaking (USCG-2009-0018), indicate the specific section of this
document to which each comment applies, 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 e-mail address, or a phone 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,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0018'' in the Docket ID box, press Enter,
and 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 and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0018 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either 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; or the Commander,
Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th
Floor between 9 a.m. and 2 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 notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    Coast Guard Sector Hampton Roads has been notified that Langley Air
Force Base will host an air show event in the vicinity of Willoughby
Point, VA immediately above the Back River, Hampton, VA. The event is
scheduled to take place April 24, 2009 through April 26, 2009. In
recent years, there have been unfortunate instances of jets and planes
crashing during performances at air shows. Along with the jet or plane
crash, there is typically a wide area of scattered debris that also
damages property and could cause significant injury or death to
mariners observing the air show. Due to the need to protect mariners
transiting on the Back River immediately below the Air Show from the
hazards associated with a potential jet or plane crash, the Coast Guard
proposes that a safety zone bound by the following coordinates be
established: 37[deg]05'35'' N/076[deg]20'47'' W; thence to
37[deg]05'43'' N/076[deg]20'14'' W; thence to 37[deg]05'19'' N/
076[deg]20'02'' W; thence to 37[deg]05'12'' N/076[deg]20'18'' W (NAD
1983). Access to this area will be temporarily restricted for public
safety purposes.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone on specified
waters of the Back River bound by the following coordinates:
37[deg]05'35'' N/076[deg]20'47'' W; thence to 37[deg]05'43'' N/
076[deg]20'14'' W; thence to 37[deg]05'19'' N/076[deg]20'02'' W; thence
to 37[deg]05'12'' N/076[deg]20'18'' W (NAD 1983), in the vicinity of
Willoughby Point on the Back River, Hampton, Virginia. This safety zone
is proposed in the interest of public safety during the Hampton Roads
Air Show and will be enforced from 5 p.m. to 10 p.m. on April 24, 2009
and from 9 a.m to 5 p.m daily on April 25, 2009 and April 26, 2009.
Access to the safety zone will be restricted during the specified date
and times. Except for vessels authorized by the Captain of the Port or
his Representative, no person or vessel may enter or remain in the
safety zone.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. Although this proposed
regulation restricts access to the safety zone, the effect of this rule
will not be significant because: (i) The safety zone will be in effect
for a limited duration; (ii) the zone is of limited size; and (iii) the
Coast Guard will make notifications via maritime advisories so mariners
can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone will only be in place for a limited duration. Before the
effective period of April 24, 2009 to April 26, 2009, maritime
advisories will be issued allowing mariners to adjust their plans
accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Tiffany Duffy, Chief,
Waterways Management Division, Sector Hampton Roads at<PHONE_NUMBER>.
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from
further environmental documentation. This proposed rule involves a
temporary safety zone that will be in effect for less than one week. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule. A preliminary
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. We
seek any comments or information that may lead to discovery of a
significant environmental impact from this proposed rule'').

List of Subjects 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add Sec.  165.T05-0018 to read as follows:

165.T05-0018  Safety Zone: Hampton Roads Air Show, Back River, Hampton,
VA

    (a) Regulated Area. The following area is a safety zone: All waters
in the vicinity of Willoughby Point on Back River within the area
bounded by coordinates 37[deg]05'35'' N / 076[deg]20'47'' W, thence to
37[deg]05'43'' N / 076[deg]20'14'' W, thence to 37[deg]05'19'' N /
076[deg]20'02'' W, thence to 37[deg]05'12'' N / 076[deg]20'18'' W. (NAD
1983), in Hampton, VA.
    (b) Definition: For the purposes of this part, Captain of the Port
Representative means: any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be enforced from 5
p.m. to 9 p.m. on April 24, 2009 and 9 a.m. to 5 p.m. daily on April
25, 2009 and April 26, 2009.

    Dated: January 30, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
 [FR Doc. E9-6428 Filed 3-23-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Rules and Regulations]
[Page 24157-24160]
[DOCID:fr02my08-10]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0266; Directorate Identifier 2008-NM-013-AD;
Amendment 39-15506; AD 2008-09-25]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315
Airplanes

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

ACTION: Final rule.

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

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

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. * * *

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

DATES: This AD becomes effective June 6, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 6, 2008.

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

FOR FURTHER INFORMATION CONTACT: Mazdak Hobbi, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 11, 2008 (73
FR 12912). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. Revisions have been made to Part 2
``Airworthiness Limitations List'' of the Maintenance Program
Manuals of the affected aircraft models to introduce the required
CDCCL.

The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to include the CDCCL
data. You may obtain further information by examining the MCAI in the
AD docket.

Comments

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

Conclusion

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI

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

Costs of Compliance

    We estimate that this AD will affect about 118 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $9,440, or $80 per
product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under 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 regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-09-25 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-15506. Docket No. FAA-2008-0266; Directorate Identifier 2008-NM-
013-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 6,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model DHC-8-102, DHC-8-
103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-
8-315 airplanes, certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. Revisions have been made to Part 2
``Airworthiness Limitations List'' of the Maintenance Program
Manuals of the affected aircraft models to introduce the required
CDCCL.

The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to include
the CDCCL data.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For all airplanes: Within 60 days after the effective date
of this AD, or before December 16, 2008, whichever occurs first,
revise the Airworthiness Limitations section of the Instructions for
Continued Airworthiness to incorporate the CDCCL data specified in
the applicable temporary revision (TR) to the applicable maintenance
program manual (MPM). The TRs are listed in Table 1 of this AD.

                      Table 1.--Temporary Revisions
------------------------------------------------------------------------
                                                     Maintenance program
            Model                de Havilland TR           manual
------------------------------------------------------------------------
DHC-8-102, DHC-8-103, and     AWL-98, dated April   Part 2,
 DHC-8-106 airplanes.          12, 2006.             ``Airworthiness
                                                     Limitations List,''
                                                     of de Havilland
                                                     Dash 8 Series 100
                                                     MPM, Product
                                                     Support Manual
                                                     (PSM) 1-8-7.
DHC-8-201, and DHC-8-202      AWL 2-35, dated       Part 2,
 airplanes.                    April 12, 2006.       ``Airworthiness
                                                     Limitations List,''
                                                     of de Havilland
                                                     Dash 8 Series 200
                                                     MPM, PSM 1-82-7.

DHC-8-301, DHC-8-311, and     AWL 3-103, dated      Part 2,
 DHC-8-315 airplanes.          April 12, 2006.       ``Airworthiness
                                                     Limitations List,''
                                                     of de Havilland
                                                     Dash 8 Series 300
                                                     MPM, PSM 1-83-7.
------------------------------------------------------------------------

    Note 1: The revisions required by paragraph (f)(1) of this AD
may be done by inserting a copy of the applicable TR into the
applicable maintenance program manual. When the TR has been included
in the general revision of the maintenance program, the general
revision may be inserted into the maintenance program manual,
provided the relevant information in the general revision is
identical to that in the applicable TR, and the temporary revision
may be removed.

    (2) After accomplishing the actions specified in paragraph
(f)(1) of this AD, no alternative CDCCLs may be used unless the
CDCCLs are part of a later revision of Part 2, ``Airworthiness
Limitations List,'' of the applicable de Havilland Dash 8 Series MPM
listed in Table 2 of this AD, that is approved by the Manager, New
York Aircraft Certification Office (ACO), FAA, or Transport Canada
Civil Aviation (or its delegated agent); or unless the CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (g)(1) of this AD.

                             Table 2.--MPMs
------------------------------------------------------------------------
                 Model                                 MPM
------------------------------------------------------------------------
DHC-8-102, DHC-8-103, and DHC-8-106      Part 2, ``Airworthiness
 airplanes.                               Limitations List,'' Revision
                                          17, dated April 19, 2005, of
                                          de Havilland Dash 8 Series 100
                                          MPM, PSM 1-8-7.
DHC-8-201, and DHC-8-202 airplanes.....  Part 2, ``Airworthiness
                                          Limitations List,'' Revision
                                          5, dated August 15, 2001, of
                                          de Havilland Dash 8 Series 200
                                          MPM, PSM 1-82-7.
DHC-8-301, DHC-8-311, and DHC-8-315      Part 2, ``Airworthiness
 airplanes.                               Limitations List,'' Revision
                                          16, dated August 15, 2001, of
                                          de Havilland Dash 8 Series 300
                                          MPM, PSM 1-83-7.
------------------------------------------------------------------------

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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: Mazdak Hobbi, Aerospace Engineer, Airframe and
Propulsion Branch, ANE-171, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-03,
dated January 3, 2008, and the TRs specified in Table 1 of this AD,
for related information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 3 of
this AD 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
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

              Table 3.--Material Incorporated by Reference
------------------------------------------------------------------------
    de Havilland temporary
          revision--                 Dated--                To--
------------------------------------------------------------------------
AWL-98........................  April 12, 2006...  Part 2,
                                                    ``Airworthiness
                                                    Limitations List,''
                                                    of de Havilland Dash
                                                    8 Series 100
                                                    Maintenance Program
                                                    Manual, Product
                                                    Support Manual 1-8-
                                                    7.
AWL 2-35......................  April 12, 2006...  Part 2,
                                                    ``Airworthiness
                                                    Limitations List,''
                                                    of de Havilland Dash
                                                    8 Series 200
                                                    Maintenance Program
                                                    Manual, Product
                                                    Support Manual 1-82-
                                                    7.
AWL 3-103.....................  April 12, 2006...  Part 2,
                                                    ``Airworthiness
                                                    Limitations List,''
                                                    of de Havilland Dash
                                                    8 Series 300
                                                    Maintenance Program
                                                    Manual, Product
                                                    Support Manual 1-83-
                                                    7.
------------------------------------------------------------------------

    Issued in Renton, Washington, on April 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9567 Filed 5-1-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Pages 12827-12829]
[FR Doc No: 2021-04388]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0134; FRL-10020-94-Region 9]

Determination To Defer Sanctions; Arizona; Pinal County Air
Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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

SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the Arizona Department of Environmental
Quality (ADEQ) has submitted rules and other materials on behalf of the
Pinal County Air Quality Control District (PCAQCD or District) that
correct deficiencies in its Clean Air Act (CAA or Act) state
implementation plan (SIP) provisions concerning ozone nonattainment
requirements. This determination is

based on a proposed approval, published elsewhere in this Federal
Register, of PCAQCD's reasonably available control technology (RACT)
SIP rules and negative declarations. The effect of this interim final
determination is that the imposition of sanctions that were triggered
by a previous partial disapproval and limited disapproval by the EPA in
2019 is now deferred. If the EPA finalizes its approval of PCAQCD's
submission, relief from these sanctions will become permanent.

DATES: This interim final determination is effective on March 5, 2021.
However, comments will be accepted on or before April 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0134 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Background
II. EPA Action
III. Statutory and Executive Order Reviews

I. Background

    On August 9, 2019 (84 FR 39196), the EPA issued a final partial
approval/partial disapproval and a limited approval/limited disapproval
for revisions to the PCAQCD portion of the Arizona SIP that had been
submitted by ADEQ to the EPA for approval (the 2017 RACT Submittal).
The 2017 RACT Submittal action addressed the PCAQCD's RACT SIP
requirements under the Act. In our 2017 RACT Submittal action, we
determined that while PCAQCD's SIP revision submittal strengthened the
SIP, the submittal did not fully meet the requirements for RACT SIPs
under the CAA. Our 2017 RACT Submittal action included a final partial
disapproval and limited disapproval action under title I, part D of the
Act, relating to requirements for nonattainment areas. Pursuant to
section 179 of the CAA and our regulations at 40 CFR 52.31, this
partial disapproval and limited disapproval action under title I, part
D started a sanctions clock for imposition of offset sanctions 18
months after the action's effective date of September 9, 2019, and
highway sanctions 6 months later.
    On August 5, 2020, PCAQCD revised its rules and adopted additional
negative declarations and on August 20, 2020, ADEQ submitted the
revised rules and negative declarations to the EPA for approval into
the Arizona SIP (2020 RACT Submittal). These negative declarations and
revised rules are intended to address the partial disapproval and
limited disapproval issues under title I, part D that we identified in
our 2017 RACT Submittal action. In the Proposed Rules section of this
Federal Register, we have proposed approval of PCAQCD's 2020 RACT
Submittal. Based on this proposed approval action, we are also taking
this interim final determination, effective on publication, to defer
imposition of the offset sanctions and highway sanctions that were
triggered by our 2017 RACT Submittal action's partial disapproval and
limited disapproval of PCAQCD's RACT SIP and rules, because we believe
that the 2020 RACT Submittal corrects the deficiencies that triggered
such sanctions.\1\
---------------------------------------------------------------------------

    \1\ 40 CFR 52.31(d)(2).
---------------------------------------------------------------------------

    The EPA is providing the public with an opportunity to comment on
this deferral of sanctions. If comments are submitted that change our
assessment described in this interim final determination and the
proposed full approval of PCAQCD's 2020 RACT Submittal with respect to
the title I, part D deficiencies identified in our 2017 RACT Submittal
action, we would take final action to lift this deferral of sanctions
under 40 CFR 52.31. If no comments are submitted that change our
assessment, then all sanctions and any sanction clocks triggered by our
2017 RACT Submittal action would be permanently terminated on the
effective date of our final approval of PCAQCD's 2020 RACT Submittal.

II. EPA Action

    We are making an interim final determination to defer CAA section
179 sanctions associated with our partial disapproval and limited
disapproval action on August 9, 2019 of PCAQCD's RACT SIP and rules
with respect to the requirements of part D of title I of the CAA. This
determination is based on our concurrent proposal to fully approve
PCAQCD's 2020 RACT Submittal, which resolves the deficiencies that
triggered sanctions under section 179 of the CAA.
    Because the EPA has preliminarily determined that PCAQCD's 2020
RACT Submittal addresses the deficiencies under part D of title I of
the CAA identified in our 2017 RACT Submittal action and is fully
approvable, relief from sanctions should be provided as quickly as
possible. Therefore, the EPA is invoking the good cause exception under
the Administrative Procedure Act (APA) in not providing an opportunity
for comment before this action takes effect (5 U.S.C. 553(b)(3)).
However, by this action, the EPA is providing the public with a chance
to comment on the EPA's determination after the effective date, and the
EPA will consider any comments received in determining whether to
reverse such action.
    The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's submittal and,
through its proposed action, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. The EPA believes that it is necessary to
use the interim final rulemaking process to defer sanctions while the
EPA completes its rulemaking process on the approvability of the
State's submittal. Moreover, with respect to the effective date of this
action, the EPA is invoking the good cause exception to the 30-day
notice requirement of the APA because the

purpose of this notice is to relieve a restriction (5 U.S.C.
553(d)(1)).

III. Statutory and Executive Order Reviews

    This action defers sanctions and imposes no additional
requirements. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the 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).
     Is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
     Is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule as
discussed in section II of this preamble, including the basis for that
finding.
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 4, 2021. Filing a petition for
reconsideration by the EPA Administrator of this final rule does not
affect the finality of this rule for the purpose of judicial review nor
does it extend the time within which 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 CAA section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04388 Filed 3-4-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[
Notices]
[Page 4561-4563]
[DOCID:fr25ja08-59]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2007-0942; FRL-8521-9]

Human Studies Review Board (HSRB); Notification of a Public
Teleconference To Review Its Draft Report from the October 24-26, 2007
HSRB Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The EPA Human Studies Review Board (HSRB) announces a public
teleconference meeting to discuss its draft HSRB report from the
October 24-26, 2007 HSRB meeting.

DATES: The teleconference will be held on February 11, 2008, from 2 to
approximately 5 p.m. (Eastern Time).
    Location: The meeting will take place via telephone only.
    Meeting Access: For information on access or services for
individuals with disabilities, please contact the person listed under
FOR FURTHER INFORMATION

CONTACT, so that appropriate arrangements can be made.
    Procedures for Providing Public Input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in Unit
I.D. of this notice.

ADDRESSES: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2007-0942, by any of the following methods:
    Internet: http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    USPS Mail: ORD Docket, Environmental Protection Agency, Mailcode:
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand or Courier Delivery: EPA Docket Center (EPA/DC), Public
Reading Room, Infoterra Room (Room Number 3334), EPA West Building,
1301 Constitution Avenue, NW., Washington, DC 20460, Attention Docket
ID No. EPA-ORD-2007-0942. Deliveries are only accepted from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. Special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0942. 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 whose
disclosure 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. 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. By contrast, 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.

FOR FURTHER INFORMATION CONTACT: Members of the public who wish to
obtain the call-in number and access code to participate in the
telephone conference, request a current draft copy of the Board's
report or who wish further information may contact Lu-Ann Kleibacker,
EPA, Office of the Science Advisor, (8105R), Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone
(202) 564-7189 or via e-mail at<EMAIL_ADDRESS>General
information concerning the EPA HSRB can be found on the EPA Web site at
http://www.epa.gov/osa/hsrb/.

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of particular interest to persons who conduct or assess
human studies, especially studies on substances regulated by EPA and to
persons who may sponsor or conduct research with human subjects with
the intention to submit it to EPA for consideration under the Federal
Food, Drug, and Cosmetic Act (FFDCA) or the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) or section 408 of the Federal
Food, Drug and Cosmetic Act (FFDCA). Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of This Document and Other
Related Information?

    You may access this Federal Register document electronically
through http://www.regulations.gov or through the EPA Web site under
the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/

    Docket: All documents in the docket are listed in the index under
the docket number. Even though it will be listed by title in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Copyright
material, will be publicly available only in hard copy. Publicly
available docket materials are available either through electronically
in http://www.regulations.gov or in hard copy at the ORD Docket, EPA/

DC, Public Reading Room, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the ORD
Docket is<PHONE_NUMBER>.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. Provide specific examples to illustrate your concerns and
suggest alternatives.
    5. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

D. How May I Participate in This Meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2007-0942 in the subject line
on the first page of your request.
    1. Oral comments. Requests to present oral comments will be
accepted up to February 4, 2008. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via email) to the
person listed under FOR FURTHER INFORMATION CONTACT no later than noon,
eastern time, February 4, 2008, in order to be included on the meeting
agenda and to provide sufficient time for the HSRB Chair and HSRB DFO
to review the meeting agenda to provide an appropriate public comment
period. The request should identify the name of the individual making
the presentation and the organization (if any) the individual will
represent. Oral comments before the HSRB are limited to 5 minutes per
individual or

organization. Please note that this includes all individuals appearing
either as part of, or on behalf of an organization. While it is our
intent to hear a full range of oral comments on the science and ethics
issues under discussion, it is not our intent to permit organizations
to expand these time limitations by having numerous individuals sign up
separately to speak on their behalf. If additional time is available,
there may be flexibility in time for public comments.
    2. Written comments. Although you may submit written comments at
any time, for the HSRB to have the best opportunity to review and
consider your comments as it deliberates on its report, you should
submit your comments at least 5 business days prior to the beginning of
this teleconference. If you submit comments after this date, those
comments will be provided to the Board members, but you should
recognize that the Board members may not have adequate time to consider
those comments prior to making a decision. Thus, if you plan to submit
written comments, the Agency strongly encourages you to submit such
comments no later than noon, Eastern Time, February 4, 2008. You should
submit your comments using the instructions described earlier in this
notice. In addition, the Agency also requests that person(s) submitting
comments directly to the docket also provide a copy of their comments
to the person listed under FOR FURTHER INFORMATION CONTACT. There is no
limit on the length of written comments for consideration by the HSRB.

E. Background

    The EPA Human Studies Review Board will be reviewing its draft
report from the October 24-26, 2007 HSRB meeting. The Board may also
discuss planning for future HSRB meetings. Background on the October
24-26, 2007 HSRB meeting can be found at Federal Register 72 17, 54908
(September 27, 2007) and at the HSRB Web site http://www.epa.gov/osa/
hsrb/.
 The October 24-26, 2007 HSRB meeting draft report is now

available. You may obtain electronic copies of this document, and
certain other related documents that might be available electronically,
from the regulations.gov Web site and the HSRB Internet Home Page at
http://www.epa.gov/osa/hsrb/. For questions on document availability or

if you do not have access to the Internet, consult the person listed
under FOR FURTHER INFORMATION CONTACT.

    Dated: January 17, 2008.
George Gray,
EPA Science Advisor.
[FR Doc. E8-1327 Filed 1-24-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43613-43614]
[FR Doc No: 2021-16847]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0476; FRL-8757-01-R7]

Air Plan Approval; Missouri; Restriction of Particulate Matter
Emissions From Fuel Burning Equipment Used for Indirect Heating

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by
Missouri on January 19, 2021. Missouri requests that the EPA approve
into Missouri's SIP revisions to its rule related to the restriction of
particulate matter emissions from fuel burning equipment used for
indirect heating. These revisions add incorporation by reference
information, remove unnecessary words, and make other editorial changes
for clarity. The EPA believes that the revisions are administrative in
nature, do not impact the stringency of the SIP and do not adversely
impact air quality. The EPA's proposed approval of this rule revision
is being done in accordance with the requirements of the Clean Air Act
(CAA).

DATES: Comments must be received on or before September 9, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0476 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Robert F. Webber, Environmental
Protection Agency, Region 7 Office, Air Permitting and Standards
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number:
(913) 551-7251; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
4076, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Missouri SIP
received on January 19, 2021. The revisions are to Title 10, Division
10 of the Code of State Regulations (CSR), 10 CSR 10-6.405
``Restriction of Particulate Matter Emissions from Fuel Burning
Equipment Used for Indirect Heating'' which restricts the emission of
particulate matter from fuel burning equipment used for indirect
heating except where 10 CSR 10-6.070 would be applied. This rule
applies throughout the state with additional conditions applicable to
the metropolitan areas of Kansas City, Springfield, and St. Louis.
    These revisions add incorporation by reference information, remove
unnecessary words, and make other editorial changes for clarity. These
revisions are described in detail in the technical support document
(TSD) included in the docket for this action.
    Missouri received two comments from the EPA during the comment
period. Missouri addressed the comments from the EPA. The EPA is
proposing to approve the revisions to this rule because it will not
have a negative impact on air quality.

III. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from January 2, 2020
to April 2, 2020. The State received and addressed two comments from
the EPA. As explained in more detail in the TSD which is part of this
docket, the SIP revision submission meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.

IV. What action is the EPA proposing to take?

    The EPA is proposing to approve Missouri's request to revise 10 CSR
10-6.405. The EPA is soliciting comment on the substantive and
administrative revisions detailed in this proposal and the TSD. The EPA
is not soliciting comment on existing rule text that has been
previously approved by the EPA into the SIP. Final rulemaking will
occur after consideration of any comments.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Regulation described in the
proposed amendments to 40 CFR part 52 set forth

below. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 7
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.

    Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.405'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                       EPA--Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                                State
         Missouri citation                  Title          effective date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.405..........................  Restriction of              9/30/2020  [Date of publication   ..............
                                     Particulate Matter                     of the final rule in
                                     Emissions from Fuel                    the Federal
                                     Burning Equipment                      Register], [Federal
                                     Used for Indirect                      Register citation of
                                     Heating.                               the final rule].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2021-16847 Filed 8-9-21; 8:45 am]
BILLING CODE 6560-50-P