[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8181-8182]
[FR Doc No: 2010-3561]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]

Commercial Driver's License Standards: Application for Exemption;
Volvo Trucks North America (Volvo)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that Volvo Trucks North America (Volvo) has
applied for an exemption from the Federal requirement for a driver of
commercial motor vehicles (CMVs) to hold a commercial driver's license
(CDL). Volvo requests that the exemption cover one Swedish field-test
engineer who will test-drive CMVs for Volvo within the United States.
The Volvo employee holds a valid Swedish CDL. Volvo states the
exemption is needed to support a Volvo field test to meet future clean
air standards, to test-drive Volvo prototype vehicles to verify results
in ``real world'' environments, and, if necessary, to deliver the
vehicles in the United States. Volvo believes the knowledge and skills
tests and training program that Swedish drivers undergo to obtain a
Swedish CDL ensures the exemption would provide a level of safety that
is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirements for a CDL.

DATES: Comments must be received on or before March 25, 2010.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2006-25756 by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of
Transportation, Room W-12-140, 1200 New Jersey Avenue, SE., 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the ``Public
Participation'' heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the ``Privacy Act'' heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
the ground floor, room W12-140, DOT Building, 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.regulations.gov.
    Public Participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can
obtain electronic submission and retrieval help and guidelines under
the ``help'' section of the http://www.regulations.gov Web site and
also at the DOT's http://docketsinfo.dot.gov Web site. If you want us
to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and
Carrier Operations Division; Office of Bus and Truck Standards and
Operations; Telephone:<PHONE_NUMBER>. E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from motor
carrier safety regulations. Under its regulations, FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public an opportunity to
inspect the information relevant to the application, including the
conducting of any safety analyses. The Agency must also provide an
opportunity for public comment on the application.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for denying or, in the alternative, the
specific person or class of persons receiving the exemption, and the
regulatory provision or provisions from which exemption is granted. The
notice must also specify the effective period of the exemption (up to 2
years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Volvo has applied for an exemption from the CDL rules, specifically
49 CFR 383.23 that prescribes licensing requirements for drivers
operating CMVs in interstate or intrastate commerce. Volvo requests the
exemption because this driver-employee is a citizen and resident of
Sweden, and therefore cannot apply for a CDL in any of the United
States. A copy of the application is in Docket No. FMCSA-2006-25756.
The exemption would allow one driver to operate CMVs in interstate
commerce as part of a team of drivers who will support a Volvo field

test to meet future air quality standards. The driver will test-drive
Volvo prototype vehicles at its test site and in the vicinity around
Phoenix, Arizona, verify results in ``real world'' environments, and,
if necessary, deliver the vehicles in the U.S. The driver is Edvard
Lundgren, and Volvo requests that the exemption cover a 2-year period.
    This driver holds a valid Swedish CDL, and as explained by Volvo in
previous exemption requests, drivers applying for a Swedish-issued CDL
must undergo a training program and pass knowledge and skills tests.
Volvo also stated in prior exemption requests that the knowledge and
skills tests and training program that Swedish drivers undergo to
obtain a Swedish CDL ensure the exemption provides a level of safety
that is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirement for a CDL.
    FMCSA has previously determined the process for obtaining a
Swedish-issued CDL is comparable to, or as effective as, the Federal
requirements of Part 383, and adequately assesses the driver's ability
to operate CMVs in the U.S. In the past 2 years, FMCSA has published
several notices of similar Volvo requests. An FMCSA notice of a similar
nature was published on January 5, 2009, granting a comparable
exemption to Volvo for a Swedish CDL driver permitting operation of
CMVs in the U.S. (74 FR 333).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on Volvo's application for an exemption from
the CDL requirements of 49 CFR 383.23. The Agency will consider all
comments received by close of business on March 25, 2010. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will consider to the
extent practicable comments received in the public docket after the
closing date of the comment period.

    Issued on: February 16, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3561 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29522-29526]
[FR Doc No: 2021-11524]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2021-0148; FRL-10024-30-Region 9]

Designation of Areas for Air Quality Planning Purposes;
California; San Diego County Ozone Nonattainment Area; Reclassification
to Severe

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Under the Clean Air Act (CAA or ``Act''), the Environmental
Protection Agency (EPA) is taking final action to approve a request
from the State of California to reclassify the San Diego County ozone
nonattainment area from ``Serious'' to ``Severe'' for the 2008 ozone
National Ambient Air Quality Standards (NAAQS) and from ``Moderate'' to
``Severe'' for the 2015 ozone NAAQS. The EPA is also finalizing our
action to reclassify in the same manner as state land, reservation
areas of Indian country and any other area of Indian country within it
where the EPA or a tribe has demonstrated that the tribe has
jurisdiction located within the boundaries of the San Diego County
ozone nonattainment area. The new applicable attainment dates for the
San Diego County ozone nonattainment area are as expeditious as
practicable but no later than July 20, 2027, for the 2008 ozone NAAQS,
and August 3, 2033, for the 2015 ozone NAAQS. With respect to Severe
state implementation plan (SIP) element submittal dates that have
passed, the EPA is approving a deadline of no later than 12 months from
the effective date of this rule for submittal of revisions to the San
Diego County portion of the California SIP to meet additional
requirements for Severe ozone nonattainment areas to the extent that
such revisions have not already been submitted.

DATES: This rule is effective on July 2, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID

No. EPA-R09-OAR-2021-0148. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information. 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: T. Khoi Nguyen, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 947-4120, or by email at<EMAIL_ADDRESS>
Table of Contents

I. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of the Proposed Action

    On April 8, 2021, the EPA proposed to grant a request by the
California Air Resources Board (CARB) to voluntarily reclassify the San
Diego County nonattainment area from Serious to Severe \1\ for the 2008
ozone NAAQS and from Moderate to Severe for the 2015 ozone NAAQS.\2\
---------------------------------------------------------------------------

    \1\ Throughout this document and in our proposed rule, we use
the term ``Severe'' to refer to Severe areas that have up to 15
years to attain the ozone standards. The ozone area designation
tables in 40 CFR part 81 specify ``Severe-15'' to distinguish such
areas from ``Severe-17'' areas, which are Severe areas that have up
to 17 years to attain the ozone standards.
    \2\ 86 FR 18227 (April 8, 2021).
---------------------------------------------------------------------------

    With respect to Severe SIP element submittal dates that have
passed, the EPA also proposed to establish a deadline of no later than
12 months from the effective date of reclassification for submittal of
revisions to the San Diego County portion of the California SIP to meet
additional requirements for Severe ozone nonattainment areas to the
extent that such revisions have not already been submitted. With
respect to the section 185 fee program, upon reclassification to
Severe, we indicated that the deadline for submittal would be July 20,
2022, for the 2008 ozone NAAQS and August 3, 2028, for the 2015 ozone
NAAQS pursuant to the EPA's SIP Requirements Rules (SRR) for the 2008
and 2015 ozone NAAQS.\3\ Upon reclassification, we noted that the new
attainment dates for the San Diego County ozone nonattainment area
would be as expeditiously as practicable, but no later than July 20,
2027, for the 2008 ozone NAAQS and August 3, 2033, for the 2015 ozone
NAAQS. Further, as indicated in our proposed notice, the reformulated
gasoline requirement will continue to apply within San Diego County
upon reclassification to Severe.\4\
---------------------------------------------------------------------------

    \3\ The EPA promulgated the SRR for the 2008 and 2015 ozone
NAAQS at 40 CFR part 52, subpart AA and subpart CC, respectively.
    \4\ 86 FR 18227, 18229.
---------------------------------------------------------------------------

    In addition, the EPA also proposed to reclassify reservation areas
of Indian country and any other area of Indian country where the EPA or
a tribe has demonstrated that the tribe has jurisdiction within the San
Diego County nonattainment area as Severe nonattainment for the 2008
and 2015 ozone NAAQS.\5\ Although eligible tribes may seek the EPA's
approval of relevant tribal programs under the CAA, we noted that none
of the affected tribes would be required to submit an implementation
plan as a result of this reclassification.
---------------------------------------------------------------------------

    \5\ The tribes are identified in 40 CFR 81.305 and 86 FR 18227,
18229: Barona Group of Capitan Grande of Mission Indians of the
Barona Reservation, Campo Band of Diegueno Mission Indians of the
Campo Indian Reservation, Capitan Grande Band of Diegueno Mission
Indians of California, Ewiiaapaayp Band of Kumeyaay Indians, Iipay
Nation of Santa Ysabel, Inaja Band of Diegueno Mission Indians of
the Inaja and Cosmit Reservation, Jamul Indian Village of
California, La Jolla Band of Luiseno Indians, La Posta Band of
Diegueno Mission Indians of the La Posta Indian Reservation, Los
Coyotes Band of Cahuilla and Cupeno Indians, Manzanita Band of
Diegueno Mission Indians of the Manzanita Reservation, Mesa Grande
Band of Diegueno Mission Indians of the Mesa Grande Reservation,
Pala Band of Mission Indians, Pauma Band of Luiseno Mission Indians
of the Pauma and Yuima Reservation, Rincon Band of Luiseno Mission
Indians of the Rincon Reservation, San Pasqual Band of Diegueno
Mission Indians of California, Sycuan Band of the Kumeyaay Nation,
and Viejas (Baron Long) Group of Capitan Grande Band of Mission
Indians of the Viejas Reservation.
---------------------------------------------------------------------------

    Please see our April 8, 2021 proposed rule for additional
background and a more detailed explanation of our proposed action.

II. Public Comments and EPA Responses

    The public comment period on the proposed rule opened on April 8,
2021, the date of its publication in the Federal Register, and closed
on May 10, 2021. During this period, the EPA did not receive any
comments on our proposed action.

III. Final Action

    For the reasons discussed in detail in the proposed rule and
summarized herein, the EPA is approving the request by CARB to
reclassify the San Diego County ozone nonattainment area to Severe for
the 2008 and 2015 ozone NAAQS. The EPA is also reclassifying
reservation areas of Indian country, and any other area of Indian
country within it where the EPA or a tribe has demonstrated that the
tribe has jurisdiction, located within the boundaries of the San Diego
County ozone nonattainment area consistent with the reclassification of
state lands (i.e., to Severe). Lastly, the EPA is setting a deadline
for submittal of SIP revisions to address the Severe area requirements
for San Diego County, to the extent that such revisions have not
already been submitted, of no later than one year from the effective
date of this rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final action is not a ``significant regulatory action'' and therefore
is not subject to Executive Order 12866. With respect to lands under
state jurisdiction, voluntary reclassifications under CAA section
181(b)(3) of the CAA are based solely upon requests by the state, and
the EPA is required under the CAA to grant them. These actions do not,
in and of themselves, impose any new requirements on any sectors of the
economy. In addition, because the statutory requirements are clearly
defined with respect to the differently classified areas, and because
those requirements are automatically triggered by reclassification,
reclassification does not impose a materially adverse impact under
Executive Order 12866. With respect to Indian country,
reclassifications do not establish deadlines for air quality plans or
plan revisions. For these reasons, this final 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).
    In addition, I certify that this final 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.), and that
this final rule 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), because the EPA is

required to grant requests by states for voluntary reclassifications
and such reclassifications in and of themselves do not impose any
federal intergovernmental mandate, and because tribes are not subject
to implementation plan submittal deadlines that apply to states as a
result of reclassifications.
    Executive Order 13175 (65 FR 67249, November 9, 2000) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
Implications'' are defined in section 1(a) of the Executive Order to
include regulations that have ``substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Several Indian tribes have areas of Indian country located within the
boundary of the San Diego County ozone nonattainment areas.
    The EPA implements federal CAA programs, including
reclassifications, in these areas of Indian country consistent with our
discretionary authority under sections 301(a) and 301(d)(4) of the CAA.
The EPA has concluded that this final rule might have tribal
implications for the purposes of E.O. 13175 but would not impose
substantial direct costs upon the tribes, nor would it preempt tribal
law. This final rule does affect implementation of new source review
for new or modified major stationary sources proposed to be located in
the areas of Indian country that are being reclassified, and might
affect projects proposed in these areas that require federal permits,
approvals, or funding. Such projects are subject to the requirements of
the EPA's general conformity rule, and federal permits, approvals, or
funding for the projects may be more difficult to obtain because of the
lower de minimis thresholds triggered by reclassification.
    Given the potential implications, the EPA contacted tribal
officials early in the process of developing our proposed rule to
provide an opportunity to have meaningful and timely input into its
development. On December 11, 2020, we sent letters to leaders of the 17
tribal governments representing 18 areas of Indian country in the
nonattainment area offering government-to-government consultation and
seeking input on how we could best communicate with the tribes on this
rulemaking effort. On January 12, 2021, we received a response from one
tribe requesting a webinar on this matter on behalf of a few tribes. We
held this informational webinar on January 22, 2021. Additionally, we
received responses from three tribes requesting formal government-to-
government consultation. The consultation letters and the information
and notes from the webinar and the three government-to-government
consultations are included in the docket for this action. The EPA has
carefully considered the views expressed by the tribes.
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. This final reclassification action
relates to ozone, a pollutant that is regional in nature, and is not
the type of action that could result in the types of local impacts
addressed in Executive Order 12898.
    This final 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, nor 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). This final action does not alter the relationship, or
the distribution of power and responsibilities established in the CAA.
    This final 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 the EPA interprets
Executive Order 13045 as applying only to those regulatory actions that
concern health or safety risks, such that the analysis required under
section 5-501 of the Executive Order has the potential to influence the
regulation.
    Reclassification actions do not involve technical standards and
thus, 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.
This final 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 2, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental
relations, National parks, Ozone, Wilderness areas.

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

    Dated: May 24, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
81 as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.305 is amended by revising the entry for ``San Diego
County, CA'' in the table titled ``California--2008 8-Hour Ozone NAAQS
[Primary and Secondary],'' and by revising the entry for ``San Diego

County, CA'' in the table titled ``California--2015 8-Hour Ozone NAAQS
[Primary and Secondary]'' to read as follows:

Sec.  81.305   California.

* * * * *

                                       California--2008 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                            Date 1              Type              Date 1              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
San Diego County, CA                  .................  Nonattainment....  July 2, 2021.....  Severe-15.
    San Diego County:
        Barona Group of Capitan
         Grande Band of Mission
         Indians of the Barona
         Reservation. 3
        Campo Band of Diegueno
         Mission Indians of the
         Campo Indian Reservation. 3
        Capitan Grande Band of
         Diegueno Mission Indians of
         California. 3
        Ewiiaapaayp Band of Kumeyaay
         Indians. 3
        Iipay Nation of Santa
         Ysabel. 3
        Inaja Band of Diegueno
         Mission Indians of the
         Inaja and Cosmit
         Reservation. 3
        Jamul Indian Village of
         California. 3
        La Jolla Band of Luiseno
         Indians. 3
        La Posta Band of Diegueno
         Mission Indians of the La
         Posta Indian Reservation. 3
        Los Coyotes Band of Cahuilla
         and Cupeno Indians. 3
        Manzanita Band of Diegueno
         Mission Indians of the
         Manzanita Reservation. 3
        Mesa Grande Band of Diegueno
         Mission Indians of the Mesa
         Grande Reservation. 3
        Pala Band of Luiseno Mission
         Indians of the Pala
         Reservation. 3
        Pauma Band of Luiseno
         Mission Indians of the
         Pauma and Yuima
         Reservation. 3
        Rincon Band of Luiseno
         Mission Indians of the
         Rincon Reservation. 3
        San Pasqual Band of Diegueno
         Mission Indians of
         California. 3
        Sycuan Band of the Kumeyaay
         Nation. 3
        Viejas (Baron Long) Group of
         Capitan Grande Band of
         Mission Indians. 3

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
3 Includes Indian country of the tribe listed in this table located in the identified area. Information
  pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
  EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
  establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.

* * * * *

                                       California--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
          Designated area 1          ---------------------------------------------------------------------------
                                            Date 2              Type              Date 2              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
San Diego County, CA 2                .................  Nonattainment....  July 2, 2021.....  Severe-15.
    San Diego County: 2
        Barona Group of Capitan
         Grande Band of Mission
         Indians of the Barona
         Reservation.
        Campo Band of Diegueno
         Mission Indians of the
         Campo Indian Reservation.
        Capitan Grande Band of
         Diegueno Mission Indians of
         California.
        Ewiiaapaayp Band of Kumeyaay
         Indians.
        Iipay Nation of Santa
         Ysabel.

        Inaja Band of Diegueno
         Mission Indians of the
         Inaja and Cosmit
         Reservation.
        Jamul Indian Village of
         California.
        La Jolla Band of Luiseno
         Indians.
        La Posta Band of Diegueno
         Mission Indians of the La
         Posta Indian Reservation.
        Los Coyotes Band of Cahuilla
         and Cupeno Indians.
        Manzanita Band of Diegueno
         Mission Indians of the
         Manzanita Reservation.
        Mesa Grande Band of Diegueno
         Mission Indians of the Mesa
         Grande Reservation.
        Pala Band of Luiseno Mission
         Indians of the Pala
         Reservation.
        Pauma Band of Luiseno
         Mission Indians of the
         Pauma and Yuima
         Reservation.
        Rincon Band of Luiseno
         Mission Indians of the
         Rincon Reservation.
        San Pasqual Band of Diegueno
         Mission Indians of
         California.
        Sycuan Band of the Kumeyaay
         Nation.
        Viejas (Baron Long) Group of
         Capitan Grande Band of
         Mission Indians.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2021-11524 Filed 6-1-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 6, 2010 (Volume 75, Number 87)]
[Notices]
[Page 25009-25010]
[DOCID:fr06my10-106]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62003; File No. SR-NYSEArca-2010-32]

 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Rule Change Amending Its Fee Schedule

April 29, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 21, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services (the ``Schedule''). Changes to the Schedule pursuant
to this proposal will become operative on April 21, 2010. The text of
the proposed rule change is available on the Exchange's Web site at
http://www.nyse.com, at the Exchange's principal office, on the
Commission's Web site at http://www.sec.gov and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to change the pricing for Mid-Point Passive
Liquidity (``MPL'') Orders. Currently the rebate for MPL Orders that
provide liquidity in Tape A and Tape C securities is $0.002 per share,
and the rebate for MPL Order that provide liquidity in Tape B
securities is $0.001 per share. There is currently no fee for MPL
Orders that remove liquidity across all Tapes. Under this proposal, MPL
Orders will receive a rebate of $0.0010 per share for orders that
provide liquidity and a fee of $0.0010 for orders that take liquidity
in Tape A, Tape B, and Tape C securities. These changes apply to all
pricing levels.
    The proposed changes to the Schedule are part of the Exchange's
continued effort to attract and enhance participation on the Exchange
by offering attractive rates for removing liquidity and rebates for
providing liquidity. The Exchange believes the proposed fees are
reasonable and equitable in that they apply uniformly to all ETP
Holders. The proposed changes will become operative on April 21, 2010.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\4\ in general, and Section 6(b)(4) of the Act,\5\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The proposed changes to
the Schedule are part of the Exchange's continued effort to attract and
enhance participation on the Exchange by offering attractive rates for
removing liquidity and rebates for providing liquidity to the Exchange.
The proposed changes to the Schedule are reasonable and equitable in
that they apply uniformly to all ETP Holders.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section
    19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-4
\7\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE Arca on its members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-32 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission,

100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2010-32. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Section, 100
F Street, NE., Washington, DC 20549-1090 on official business days
between the hours of 10 a.m. and 3 p.m. Copies of the filing will also
be available for inspection and copying at NYSE Arca's principal office
and on its Internet Web site at http://www.nyse.com. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2010-32 and should
be submitted on or before May 27, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-10598 Filed 5-5-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Proposed Rules]
[Pages 13934-13938]
[FR Doc No: 2014-05426]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0863; Directorate Identifier 2012-NM-108-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain The Boeing Company Model 737-300, -400, -500, -600, -
700, -700C, -800, -900, and -900ER series airplanes. The NPRM proposed
to require installing a new tail strobe light housing and a new
disconnect bracket, and changing the wire bundles. The NPRM was
prompted by a review of the tail strobe light installation, which
revealed that the tail strobe light is not electrically bonded to
primary structure of the airplane. This action revises the NPRM by
adding, for certain airplanes, an inspection to determine if sealant is
applied and corrective actions if necessary. We are proposing this
supplemental NPRM (SNPRM) to prevent, in case of a direct lightning
strike to the tail strobe light, damage to the operation of other
critical airplane systems due to electromagnetic coupling and large
transient voltages, and damage to the control mechanisms or surfaces
due to a fire, which could result in loss of control of the airplane.
Since these actions impose an additional burden over that proposed in
the NPRM, we are reopening the comment period to allow the public the
chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by April 28, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA 98057-3356. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012-
0863; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Marie Hogestad, Aerospace Engineer,
Systems and Equipment Branch, FAA, ANM-130S, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0863;
Directorate Identifier 2012-NM-108-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain The Boeing Company Model 737-300, -400, -500, -
600, -700, -700C, -800, -900, and -900ER series airplanes. The NPRM
published in the Federal Register on September 6, 2012 (77 FR 54848).
The NPRM proposed to require installing a new tail strobe light housing
and a new disconnect bracket, and changing the wire bundles.

Actions Since Previous NPRM (77 FR 54848, September 6, 2012) Was Issued

    Since we issued the NPRM (77 FR 54848, September 6, 2012), we have
reviewed Boeing Special Attention Service Bulletin 737-33-1146,
Revision 1, dated July 9, 2013. We referred to Boeing Special Attention
Service Bulletin 737-33-1146, dated November 2, 2011, as the
appropriate source of service information for accomplishing certain
actions specified in the NPRM.
    Boeing Special Attention Service Bulletin 737-33-1146, Revision 1,
dated July 9, 2013, adds procedures for airplanes on which the actions
specified in Boeing Special Attention Service Bulletin 737-33-1146,
dated November 2, 2011, have been done, for a general visual inspection
to ensure there is fillet sealant between the disconnect bracket and
the receptacle connector D44582J, and on the fasteners, and corrective
actions if necessary. The corrective actions include applying sealant.
Boeing Special Attention Service Bulletin 737-33-1146, Revision 1,
dated July 9, 2013, also does the following:
     Incorporates the data given in Boeing Service Bulletin
Information Notice 737-33-1146 IN 01, dated November 11, 2011, which
changes Group 1, Configuration 1, to Group 1, and changes Group 1,
Configuration 2, to Group 4.
     Improves the tail strobe light installation work
instructions (adds an alternate work instruction to remove electrical
power, adds an optional work instruction to improve access, adds the
process specification for the installation of a blind insert, adds a
new work instruction step, and figure, to do the drilling tasks before
parts are cleaned for bonding, removes the undefined

cleaning method CM 3, and clarifies the required minimum clearance
between the disconnect bracket and the adjacent station (STA) 1156
bulkhead chord).
    We have revised paragraphs (c) and (g), and added new paragraph (h)
to this SNPRM to refer to Boeing Special Attention Service Bulletin
737-33-1146, Revision 1, dated July 9, 2013, and have redesignated
subsequent paragraph identifiers accordingly.

Comments

    We gave the public the opportunity to comment on the NPRM (77 FR
54848, September 6, 2012). The following presents the comments received
on the NPRM and the FAA's response to each comment.

Concurrence With the NPRM (77 FR 54848, September 6, 2012)

    Boeing concurred with the NPRM (77 FR 54848, September 6, 2012).
    United Airlines (UAL) stated it has no objections to the proposed
actions in the NPRM (77 FR 54848, September 6, 2012).

Clarification of Effect of Winglet Installation

    Aviation Partners Boeing stated that the installation of winglets
per STC ST00830SE ([http://rgl.faa.gov/Regulatory--and--Guidance--
Library/rgstc.nsf/0/da95c49000906c7086257be80044d3d9/$FILE/
ST00830SE.pdf]) does not affect the accomplishment of the
manufacturer's service instructions.
    We have added new paragraph (c)(3) to this final rule to state that
installation of ST00830SE does not affect the ability to accomplish the
actions required by this final rule. Therefore, for airplanes on which
ST00830SE is installed, a ``change in product'' AMOC approval request
is not necessary to comply with the requirements of 14 CFR 39.17.

Request To Include an Additional Action To Remove the Tail Cone and
Adjust the Costs Accordingly

    American Airlines (AAL) requested that we revise the NPRM (77 FR
54848, September 6, 2012), to include an additional action to remove
the tail cone and also adjust the cost section for this action. AAL
explained that due to the small size of the tail cone and additional
equipment installed in this area, adequate clearance to install the
bracket and associated wiring is problematic without removal of the
tail cone. AAL reasoned that removing the tail cone could increase the
labor requirement by up to 50 man-hours.
    We partially agree with AAL's request, since Boeing has revised the
service information to add an optional work instruction step to remove
and keep the tail cone if necessary. We have revised paragraph (g) of
this SNPRM to refer to Boeing Special Attention Service Bulletin 737-
33-1146, Revision 1, dated July 9, 2013.
    We disagree with the request to revise the Cost of Compliance
section of this SNPRM. Removing the tail cone is optional and we have
no way of determining how many operators will choose to do that action.
The economic analysis of this SNPRM is limited only to the cost of
actions proposed to be required and is based on the costs provided in
Boeing Special Attention Service Bulletin 737-33-1146, Revision 1,
dated July 9, 2013. No change has been made to this SNPRM in this
regard.

Request for Use of Shield Splice in Lieu of Solder Sleeve

    AAL requested that we revise the NPRM (77 FR 54848, September 6,
2012), to allow for use of the shield splice contained in splice kit D-
150-0168 in lieu of solder sleeve BACS13CT3C. AAL explained that Figure
8, Flag Notes 3 and 9, of Boeing Special Attention Service Bulletin
737-33-1146, dated November 2, 2011, provides instructions to install a
solder sleeve (BACS13CT3C) and splice kit (D-150-0168), respectively.
AAL reasoned that splice kit D-150-0168 contains all of the required
parts to properly splice the specified BMS 13-48 Type 12 wire, and that
splice kit D-150-0168 is a much cleaner installation, maintains
continuity of the existing shield, and is approved as a standard
practice in Boeing Standard Wiring Practices Manual (SWPM) D6-54446,
Section 20-30-12.
    We agree to allow for use of the shield splice contained in splice
kit D-150-0168 in lieu of solder sleeve BACS13CT3C. Figure 8, Flag Note
3, of Boeing Special Attention Service Bulletin 737-33-1146, dated
November 2, 2011, specifies to add shielded ground wires. Solder sleeve
BACS13CT3C supplied in the wire kit comes with a built-in ground-wire
for an easier installation. Splice kit D-150-0168 does not have a
ground wire. Therefore, if operators still want to supply the ground
wires, Boeing SWPM 20-10-15, referenced in Figure 8, Flag Note 3, of
Boeing Special Attention Service Bulletin 737-33-1146, dated November
2, 2011, has the wire type information for the ground wires. We have
added this exception to new paragraph (g)(1) of this SNPRM and added a
note to paragraph (g)(1) of this SNPRM to include a reference to the
SWPM.

Clarification of Typographical Error in the Service Information

    The second sentence of note (c) of Figure 3 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-33-1146,
Revision 1, dated July 9, 2013, contains a typographical error and
should instead read, ``Maintain a minimum of 1.7 diameter fastener edge
margin on the disconnect bracket and the stiffener.'' We have included
the correct information in new paragraph (g)(2) of this SNPRM.

Removal of Concurrent Requirements

    Paragraph (h) of the NPRM (77 FR 54848, September 6, 2012) proposed
to require concurrent installation of wingtips and tail strobe lights.
However, the service information identified in paragraph (h) of the
NPRM is conditional service information and is not required by this
SNPRM.

FAA's Determination

    We are proposing this SNPRM because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs. Certain changes described above expand the scope of the NPRM
(77 FR 54848, September 6, 2012). As a result, we have determined that
it is necessary to reopen the comment period to provide additional
opportunity for the public to comment on this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require, for certain airplanes, installing a new
tail strobe light housing and a new disconnect bracket, and changing
the wire bundles. This SNPRM would also require, for certain other
airplanes, an inspection to determine if sealant is applied, and
corrective actions if necessary.

Costs of Compliance

    We estimate that this proposed AD affects 1,433 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                    Labor cost                  Parts cost                   Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation for Model 737-300, -  Up to 32 work-hours   Up to $14,886..................  Up to $17,606.................  Up to $6,971,976.
 400, and -500 series airplanes,    x $85 per hour = Up
 as identified in Boeing Special    to $2,720.
 Attention Service Bulletin 737-
 33-1149, dated April 13, 2012
 (396 U.S. registered airplanes).
Installation for Model 737-600, -  Up to 21 work-hours   Up to 4,422....................  Up to 6,207...................  Up to 2,886,255.
 700, -700C, -800, -900, and -      x $85 per hour = Up
 900ER series airplanes, Group 1,   to $1,785.
 as identified in Boeing Special
 Attention Service Bulletin 737-
 33-1146, Revision 1, dated July
 9, 2013 (465 U.S. registered
 airplanes).
Installation for Model 737-600, -  Up to 21 work-hours   Up to 2,496....................  Up to 4,281...................  Up to 355,323.
 700, -700C, -800, -900, and -      x $85 per hour = Up
 900ER series airplanes, Group 2,   to $1,785.
 as identified in Boeing Special
 Attention Service Bulletin 737-
 33-1146, Revision 1, dated July
 9, 2013 (83 U.S. registered
 airplanes).
Installation for Model 737-600, -  Up to 20 work-hours   Up to 4,478....................  Up to 6,178...................  Up to 154,450.
 700, -700C, -800, -900, and -      x $85 per hour = Up
 900ER series airplanes, Group 3,   to $1,700.
 as identified in Boeing Special
 Attention Service Bulletin 737-
 33-1146, Revision 1, dated July
 9, 2013 (25 U.S. registered
 airplanes).
Installation for Model 737-600, -  Up to 21 work-hours   Up to 4,423....................  Up to 6,208...................  Up to 2,880,512.
 700, -700C, -800, -900, and -      x $85 per hour = Up
 900ER series airplanes, Group 4,   to $1,785.
 as identified in Boeing Special
 Attention Service Bulletin 737-
 33-1146, Revision 1, dated July
 9, 2013 (464 U.S. registered
 airplanes).
Inspection for Model 737-600, -    Up to 2 work-hours x  0..............................  Up to 170.....................  Up to 176,290.
 700, -700C, -800, -900 and -       $85 per hour = Up
 900ER series airplanes, as         to $170.
 identified in Boeing Special
 Attention Service Bulletin 737-
 33-1146, Revision 1, dated July
 9, 2013 (up to 1,037 U.S.
 registered airplanes).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following cost to apply sealant, based on the
results of the proposed inspection. We have no way of determining the
number of aircraft that might need this sealant application:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                Action                            Labor cost                   Parts cost             product
----------------------------------------------------------------------------------------------------------------
Sealant Application...................  1 work-hour x $85 per hour =   Negligible...............             $85
                                         $85.
----------------------------------------------------------------------------------------------------------------

    The parts cost to apply sealant between the disconnect bracket and
the receptacle connector D44582J, and on the fasteners is not included
in the estimate. It is considered ``Parts & Materials Supplied by the
Operator,'' which is referenced in Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013.
    According to the manufacturer, all of the costs of this proposed AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 above, 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, 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.

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):

The Boeing Company: Docket No. FAA-2012-0863; Directorate Identifier
2012-NM-108-AD.

(a) Comments Due Date

    We must receive comments by April 28, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1) and (c)(2) of this
AD.
    (1) Model 737-300, -400, and -500 series airplanes, as
identified in Boeing Special Attention Service Bulletin 737-33-1149,
dated April 13, 2012.
    (2) Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes, as identified in Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013.
    (3) Installation of Supplemental Type Certificate (STC)
ST00830SE [(http://rgl.faa.gov/Regulatory--and--Guidance--Library/
rgstc.nsf/0/da95c49000906c7086257be80044d3d9/$FILE/ST00830SE.pdf)]
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Unsafe Condition

    This AD was prompted by a review of the tail strobe light
installation, which revealed that the tail strobe light is not
electrically bonded to primary structure of the airplane. We are
issuing this AD to prevent, in case of a direct lightning strike to
the tail strobe light, damage to the operation of other critical
airplane systems due to electromagnetic coupling and large transient
voltages, and damage to the control mechanisms or surfaces due to a
fire, which could result in loss of control of the airplane.

(f) Compliance

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

(g) Tail Strobe Light Installation for Model 737-600, -700, -700C, -
800, -900, and -900ER Series Airplanes

    For Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes on which the actions specified in Boeing Special Attention
Service Bulletin 737-33-1146, dated November 2, 2011, have not been
done before the effective date of this AD: Within 72 months after
the effective date of this AD, install a new tail strobe light
housing, install a new disconnect bracket, and change the wire
bundles, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-33-
1146, Revision 1, dated July 9, 2013, except as required by
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Where Figure 8, Flag Note 3, of Boeing Special Attention
Service Bulletin 737-33-1146, Revision 1, dated July 9, 2013, refers
to solder sleeve BACS13CT3C, the shield splice contained in splice
kit D-150-0168 may be used in lieu of solder sleeve (BACS13CT3C),
provided a ground wire is used.
    Note 1 to paragraph (g)(1) of this AD: Guidance for wire-type
information for the ground wires may be found in Boeing Standard
Wiring Practices Manual (SWPM) D6-54446, Section 20-10-15.
    (2) Where the second sentence of note (c) of Figure 3 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013, specifies to
``Maintain a minimum of 1.7 Dimensions fastener edge margin on the
disconnect bracket and the stiffener,'' instead ``Maintain a minimum
of 1.7 diameter fastener edge margin on the disconnect bracket and
the stiffener.''

(h) Sealant Installation for Model 737-600, -700, -700C, -800, -900,
and -900ER Series Airplanes

    For Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes, on which the actions specified in Boeing Special
Attention Service Bulletin 737-33-1146, dated November 2, 2011, have
been done before the effective date of this AD: Within 72 months
after the effective date of this AD, do a general visual inspection
to ensure there is fillet sealant between the disconnect bracket and
the receptacle connector D44582J, and on the fasteners, and do all
applicable corrective actions, in accordance with Part 2 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013. Do all
applicable corrective actions before further flight.

(i) Tail Strobe Light Installation for Model 737-300, -400, and -500
Series Airplanes

    For Model 737-300, -400, and -500 series airplanes: Within 72
months after the effective date of this AD, install a new tail
strobe light housing, install a new disconnect bracket, and change
the wire bundles, in accordance with the Accomplishment Instructions
of Boeing Special Attention Service Bulletin 737-33-1149, dated
April 13, 2012.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Marie Hogestad,
Aerospace Engineer, Systems and Equipment Branch, FAA, ANM-

130S, Seattle Aircraft Certification Office, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA 98057-3356. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 28, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-05426 Filed 3-11-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42743-42744]
[FR Doc No: 2010-17906]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-1680-000]

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

July 9, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Ally Energy, 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 July 29, 2010.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., 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 review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC

Online service, please e-mail<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-17906 Filed 7-21-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69499-69500]
[FR Doc No: 2020-22391]

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

SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-10845; 34-89920; 39-2533; IC-34015]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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

SUMMARY: The Securities and Exchange Commission (the ``Commission'') is
adopting revisions to Volume II of the Electronic Data Gathering,
Analysis, and Retrieval System (``EDGAR'') Filer Manual (``EDGAR Filer
Manual'' or ``Filer Manual'') and related rules. The EDGAR system was
upgraded on September 21, 2020.

DATES: Effective November 3, 2020. The incorporation by reference of
the EDGAR Filer Manual is approved by the Director of the Federal
Register as of November 3, 2020.

FOR FURTHER INFORMATION CONTACT: For questions regarding updates to the
Forms N-CEN and N-CEN/A submission types for exchange-traded funds
(``ETFs'') and the submission form types and exhibits for variable
contracts, please contact Heather Fernandez in the Division of
Investment Management at<PHONE_NUMBER>. For questions concerning the
redlining for Inline eXtensible Business Reporting Language (``iXBRL'')
and the removal of 2018 International Financial Reporting Standards
(IFRS-2018) and 2018 Document and Entity Information (DEI-2018)
taxonomies and removal of linkbases of 2018 US Mutual Fund Risk/Return
(RR-2018) taxonomy, please contact the Office of Structured Disclosure
in the Division of Economic and Risk Analysis at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual Volume II: ``EDGAR Filing'' (Version 54) (September 2020). The
updated Filer Manual is incorporated by reference into the Code of
Federal Regulations.
    The Filer Manual contains all the technical specifications needed
for filers to make submissions through the EDGAR system.\1\ Filers must
comply with the applicable provisions of the Filer Manual in order to
assure the timely acceptance and processing of filings made in
electronic format.\2\
---------------------------------------------------------------------------

    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (Apr.
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on January 27, 2020. See Release No. 33-10749 (Jan. 27,
2020) [85 FR 9365].
    \2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
---------------------------------------------------------------------------

    The EDGAR System was updated in Release 20.3 and corresponding
amendments to the Filer Manual are being made to reflect the changes
described below.
    On September 25, 2019, the Commission adopted 17 CFR 6c-11 (``rule
6c-11'') under the Investment Company Act of 1940 to permit ETFs that
satisfy certain conditions to operate without the expense and delay of
obtaining an exemptive order. The Commission also adopted certain
related amendments to Form N-CEN.\3\ EDGAR Release 20.3 updates Forms
N-CEN and N-CEN/A submission types to collect specific information on
which ETFs are relying on rule 6c-11 and the instruction that contains
the definition of ``authorized participant'' to conform the definition
with rule 6c-11. The EDGAR Filer Manual has been revised to provide
relevant instructions related to this modification for filers to
complete Forms N-CEN and N-CEN/A submission types. See Chapter 8
(Preparing and Transmitting Online Submissions) of the EDGAR Filer
Manual, Volume II: ``EDGAR Filing.''
---------------------------------------------------------------------------

    \3\ See Exchange-Traded Funds, Release No. 33-10695 (Sep. 25,
2019) [84 FR 57162].
---------------------------------------------------------------------------

    On March 11, 2020, the Commission adopted rule and form amendments
intended to help investors make informed investment decisions regarding
variable annuity and variable life insurance contracts.\4\ EDGAR
Release 20.3 adds the following new submission form types accessible
through EDGARLink Online: 497VPI, 497VPU, N-VP, N-VP/A, N-VPFS, and N-
VPFS/A. See Chapter 3 (Index to Forms) and Appendix C (EDGAR Submission
Types) of the EDGAR Filer Manual, Volume II: ``EDGAR Filing.''
---------------------------------------------------------------------------

    \4\ See Updated Disclosure Requirements and Summary Prospectus
for Variable Annuity and Variable Life Insurance Contracts, Release
No. 33-10765 (Mar. 11, 2020) [85 FR 25964].
---------------------------------------------------------------------------

    The EDGAR system will no longer accept the following submission
form types after September 21, 2020, due to the Commission's rescission
of these form types: N-1, N-1/A, N-27E-1, N-27E-1/A, N-27F-1, and N-
27F-1/A. New exhibits for Forms N-3, N-4 and N-6 also are available on
EDGARLink Online and filers have the option to attach these new
exhibits in official HTML or ASCII format (and unofficially in PDF
format). The EDGAR Filer Manual includes information related to this
modification for filers to complete the relevant submission types and
to include references to the new exhibit types. See Appendix E
(Automated Conformance Rules for EDGAR Data Fields) of the EDGAR Filer
Manual, Volume II: ``EDGAR Filing.''
    EDGAR Release 20.3 allows filers to mark changed material by
redlining changed content in Inline XBRL submissions. Accordingly, the
following submission form types permit redlining in Inline XBRL format:
N-1A, N-1A/A, 485APOS, 497, 485BPOS, 10-Q, 10-Q/A, 10-QT, 10-QT/A, S-1,
S-1/A, S-3, S-3/A, S-4, S-4/A, S-11, S-11/A, S-11MEF, S-1MEF, S-3D, S-
3DPOS, S-3MEF, S-4 POS, S-4EF, S-4MEF, 10-K, 10-K/A, 10-KT, 10-KT/A,
10-12B, 10-12B/A, 10-12G, 10-12G/A, POS AM, POS EX, S-3ASR, 20-F, 20-F/
A, 40-F, 40-F/A, 8-K, 8-K/A, F-1, F-1/A, F-3, F-3/A, F-3ASR, F-3D, F-
3DPOS, F-3MEF, F-4, F-4/A, F-4EF, F-4POS, F-10EF, F-10POS, 6-K, 6-K/A,
8-K12B, 8-K12B/A, 8-K12G3, 8-K12G3/A, 8-K15D5, 8-K15D5/A, SP 15D2, and
SP 15D2/A. See Chapter 5 (Constructing

Attached Documents and Document Types) of the EDGAR Filer Manual,
Volume II: ``EDGAR Filing.''
    In EDGAR Release 20.3, the EDGAR system disallows the IFRS-2018
taxonomy and DEI-2018 taxonomy versions and linkbases of RR-2018
taxonomy since two versions of both IFRS and DEI taxonomies are usually
maintained, which are currently the 2020 and 2019 versions. The
linkbases of the RR-2018 taxonomy depend on the DEI-2018 taxonomy,
which is being removed. Please see https://www.sec.gov/info/edgar/edgartaxonomies.shtml for the complete list of supported standard
taxonomies.
    Along with the adoption of the Filer Manual, we are amending 17 CFR
232.301 to provide for the incorporation by reference into the Code of
Federal Regulations of the current revisions. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    The updated EDGAR Filer Manual is available for website viewing and
printing; the address for the Filer Manual is https://www.sec.gov/info/edgar/edmanuals.htm. You may also obtain paper copies of the EDGAR
Filer Manual from the following address: Public Reference Room, U.S.
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m.
    Because the Filer Manual and the corresponding rule and form
amendments relate solely to agency procedures or practice, publication
for notice and comment is not required under the Administrative
Procedure Act (``APA'').\5\ It follows that the requirements of the
Regulatory Flexibility Act \6\ do not apply.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 553(b)(A).
    \6\ 5 U.S.C. 601 through 612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the related
rule and form amendments is November 3, 2020. In accord with the
APA,\7\ we find that there is good cause to establish an effective date
less than 30 days after publication of these rules. The Commission
believes that establishing an effective date less than 30 days after
publication of these rules is necessary to coordinate the effectiveness
of the updated Filer Manual with the related system upgrades.
---------------------------------------------------------------------------

    \7\ 5 U.S.C. 553(d) (3).
---------------------------------------------------------------------------

STATUTORY BASIS

    We are adopting the amendments to Regulation S-T under the
authority in Sections 6, 7, 8, 10, and 19(a) of the Securities Act of
1933,\8\ Sections 3, 12, 13, 14, 15, 15B, 23, and 35A of the Securities
Exchange Act of 1934,\9\ Section 319 of the Trust Indenture Act of
1939,\10\ and Sections 8, 30, 31, and 38 of the Investment Company Act
of 1940.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s (a).
    \9\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o-4, 78w, and 78ll.
    \10\ 15 U.S.C. 77sss.
    \11\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

TEXT OF THE AMENDMENTS

    In accordance with the foregoing, title 17, chapter II of the Code
of Federal Regulations is amended as follows:

PART 232 REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for part 232 continues to read in part as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, 7201 et seq.; and 18 U.S.C. 1350,
unless otherwise noted.
* * * * *

0
2. Section 232.301 is revised to read as follows:

Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets forth
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 35 (January 2020). The requirements for filing
on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 54 (September 2020). All of these provisions
have been incorporated by reference into the Code of Federal
Regulations, which action was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You must
comply with these requirements in order for documents to be timely
received and accepted. The EDGAR Filer Manual is available for website
viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/edgar/edmanuals.htm. You can obtain paper copies of
the EDGAR Filer Manual at the following address: Public Reference Room,
U.S. Securities and Exchange Commission, 100 F Street NE, Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. You can also inspect the document at the National Archives and
Records Administration (``NARA''). For information on the availability
of this material at NARA, email<EMAIL_ADDRESS>or go to:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    By the Commission.

    Dated: September 18, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-22391 Filed 11-2-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61486-61487]
[DOCID:fr05oc10-97]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1145; FRL-9209-6]

Review of the Secondary National Ambient Air Quality Standards
for Oxides of Nitrogen and Oxides of Sulfur

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of supplementary materials.

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

SUMMARY: The Office of Air Quality Planning and Standards (OAQPS) of
EPA recently made available a draft report, Policy Assessment for the
Review of the Secondary National Ambient Air Quality Standards for
Oxides of Nitrogen and Oxides of Sulfur: Second External Review Draft
(75 FR 57463, September 21, 2010). The EPA released this preliminary
draft document to seek early consultation with the Clean Air Scientific
Advisory Committee (CASAC) and to solicit public comment on the overall
structure, framing of key issues and conclusions regarding options for
key elements of the standards. The four supplementary materials being
released at this time are: an errata sheet for Chapter 5; an addendum
for Chapter 5; an additional Table 7-1 (summary of key uncertainties);
and an additional table for Chapter 9 (summary of options for elements
of the nitrogen oxides (NOX) and sulfur oxides
(SOX) standard).

DATES: Comments on the Policy Assessment for the Review of the
Secondary National Ambient Air Quality Standards for Oxides of Nitrogen
and Oxides of Sulfur: Second External Review Draft along with the
supplementary materials should be submitted on or before November 12,
2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-1145, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail)
to<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OAR-2007-
1145.
     Fax: Fax your comments to<PHONE_NUMBER>, Attention Docket
ID. No. EPA-HQ-OAR-2007-1145.
     Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2007-1145.
     Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, 1301 Constitution Ave., NW., Room 3334, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-1145. 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
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. 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 Docket in the
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>; fax<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dr. Bryan Hubbell, Office of Air
Quality Planning and Standards (Mail code C504-02), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.

    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Make sure to submit your comments by the comment period
deadline identified.
    Under section 108(a) of the Clean Air Act (CAA), the Administrator
identifies and lists certain pollutants which ``cause or contribute to
air pollution which may reasonably be anticipated to endanger public
health or welfare.'' The EPA then issues air quality criteria for
listed pollutants, which are commonly referred to as ``criteria
pollutants.'' The air quality criteria are to ``accurately reflect the
latest scientific knowledge useful in indicating the kind and extent of
all identifiable effects on public health or welfare which may be
expected from the presence of [a] pollutant in the ambient air, in
varying quantities.'' Under section 109 of the CAA, EPA establishes
national ambient air quality standards (NAAQS) for each listed
pollutant, with the NAAQS based on the air quality criteria. Section
109(d) of the CAA requires periodic review and, if appropriate,
revision of existing air quality criteria. The revised air quality
criteria reflect advances in scientific knowledge on the effects of the
pollutant on public health or welfare. The EPA is also required to
periodically review and revise the NAAQS, if appropriate, based on the
revised criteria.
    The EPA is currently conducting a joint review of the existing
secondary (welfare-based) NAAQS for NOX and SOX.
Because NOX, SOX, and their associated
transformation products are linked from an atmospheric chemistry
perspective as well as from an environmental effects perspective, and
because of the National Research Council's 2004 recommendations to
consider multiple pollutants in forming the scientific basis for the
NAAQS, EPA has decided to jointly assess the science, risks, and
policies relevant to protecting the public welfare associated with
NOX and SOX. This is the first time since NAAQS
were established in 1971 that a joint review of these two pollutants
has been conducted. Since both the CASAC and EPA have recognized these
interactions historically, and the science related to these
interactions has continued to evolve and grow to the present day, there
is a strong basis for considering them together.
    As part of this review of the current secondary (welfare-based)
NAAQS for NOX and SOX, EPA's OAQPS staff prepared
a second draft Policy Assessment. The objective of this assessment is
to evaluate the policy implications of the key scientific information
contained in the document Integrated Science Assessment for Oxides of
Nitrogen and Sulfur-Ecological Criteria (http://cfpub.epa.gov/ncea/cfm/
recordisplay.cfm?deid=201485), prepared by EPA's National Center for
Environmental Assessment (NCEA) and the results from the analyses
contained in the Risk and Exposure Assessment for Review of the
Secondary National Ambient Air Quality Standards for Oxides of Nitrogen
and Oxides of Sulfur (http://www.epa.gov/ttn/naaqs/standards/no2so2sec/
cr_rea.html). The second draft Policy Assessment plus the
supplementary materials are available online at: http://www.epa.gov/
ttn/naaqs/standards/no2so2sec/index.html. This second draft Policy
Assessment will be reviewed by the CASAC during a public meeting to be
held October 6 and 7, 2010. Information about this public meeting will
be available at http://yosemite.epa.gov/sab/sabpeople.nsf/
WebCommittees/CASAC.

    Dated: September 28, 2010.
Jennifer Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-24922 Filed 10-4-10; 8:45 am]
BILLING CODE 6560-50-P


Steam Electric Data Request Follow-Up Questions

Project Name:  Steam Electric Detailed Study

	Project No.:  0<IP_ADDRESS>

Company Name:  Georgia Power

	Contact Name:  William R. Evans

Plant Name:  Plant Branch	Contact Phone Number:<PHONE_NUMBER>

or Email Address<EMAIL_ADDRESS>
ERG Staff (or ERG Rep) Name: Sarah Holman

Company Affiliation: ERG	Date: 12/19/07

This document contains CBI:   ___  Yes    x       No

	Type of  Contact:     x      Email       x    Telephone

General Subject:  Data Request Assistance / Follow-Up

Follow-Up Question Number	CBI =

Yes (Y)

No (N)	Data Request Question Number	Data Request Page Number

Question/Answer

1	N	16	B-10	Q: “Type of Fly Ash Handling System” is listed as both
wet and dry for Units 3 and 4.  What is the approximate percentage of
the time that the fly ash from these units is handled in a dry fashion?

A:  1.28% of the fly is handled dry and sold: 2,959 tons in 2006.  The
rest of the fly ash is sluiced, and sluicing is continuous 24 hpd, 365
dpy.  The tpd of ash provided in Table 5 includes the fly ash sold and
sluiced.

2	N	18	B-12	Q: “Source of Sluice Water” is listed as 100%
“IN-Makeup” for each of the four units.  According to the directions
in Question 18, the code, “IN” should be used if raw intake water is
used, whereas “IN-Makeup” should be used if raw intake water is only
used as makeup.  Please confirm that raw intake water is used for bottom
ash sluice water (and not as makeup).

A:  Mr. Evans confirmed with the plant that 100% of the BAS water is raw
intake lake water.

3	N	30	B-20	Q: The plant responded that it is currently
constructing/installing a wastewater treatment system to treat the
wastewater from the new FGD system; however, from the plant’s
description of the treatment system, it seems that what is under
construction is settling pond for dewatering gypsum sluice (and
treatment of recycle bleed-off, defined in the data request as
“scrubber purge”, will occur in the existing ash pond).  Please
confirm that this is the case.

Additionally, the plant’s response to “Will the wastewater treatment
system treat FGD wastewater that is commingled with ash wastewater prior
to treatment” is no; however, from the plant’s explanation of the
wastewater treatment system, it seems that FGD wastewater and ash
wastewater will be commingled prior to treatment in the ash pond.
Please explain the response to this question.

A:  Mr. Evans explained that Georgia Power has recently decided not to
install FGD systems at Plant Branch (since completing the data request)
based on the company’s long-term air pollution control strategies
(involving all plants).

4	N	35	B-24	Q: Please explain the operation of the plant’s
once-through cooling system.  It appears from Diagram 5-1 and the
plant’s Form 2C that the wastewater generated from cooling Units 1 and
2 is handled separately from the wastewater generated from Units 3 and
4; however, the plant responded with only one wastewater flow rate in
Table 12 and Table 16.

Please provide the flow rates and frequency (hpd and dpy) of wastewater
generated from cooling each of the two sets of steam electric units.
Please confirm that the cooling water wastewater flow rate for Units 3
and 4 is 430,000 gpm (“430,00 gpm” provided in Diagram 5-1).

A:  The plant operates two separate once-through cooling systems (with
separate intakes).  The cooling water wastewater flow rates on Diagram
5-1 are correct (except it should be 430,000 gpm for Units 3 and 4).

5	N	37	B-25	Q: The plant responded with “N/A”.  Does this mean that
the plant has no requirements for the water used for cooling water?

A:  Yes.  The quality of the lake water is suitable.

6	N	43	B-26	Q: Outfalls 01B – 01F, 02B – 02D, 03C, and 04 - 29 are
not listed in Table 14 or the process diagrams.  Did they discharge in
2006?

A:  See attached table.

7	N	47	B-28	Q: For WWT-1 (Diagram 5-1), please confirm that pH
adjustment occurs within (as part of) the ash pond and not within a
separate tank/pond as indicated in the diagram.

A:  pH adjustment occurs in the discharge line from the ash pond.

8	N	47	B-28	Q: For WWT-1 (Diagram 5-1), please confirm that the flow
rate for “RECYC-FAS” is approximately 6,900 gpm (6,970 gpm minus 1%
makeup intake water).  Is the flow rate continuous (24 hpd and 365 dpy)?

A:  Confirmed.

9	N	47	B-28	Q: For WWT-2, please confirm that pH adjustment and chemical
precipitation typically occur within the settling pond and not within
separate vessels as shown on the diagram.

A:  Confirmed.  WWT-2 is available for use, but has not been used for
years.

10	N	47	B-28	Q: Please confirm that the WWT-2 settling pond is dredged
upon occasion, but was not dredged in 2006 (the plant responded that the
settling pond is not dredged in Table 17, but potential sludge
generation is shown in Diagram 5-2 and Table 19).

A:  The WWT-2 settling pond is not dredged.

11	N	49	B-31	Q: For the WWT-2 settling pond, the plant provided a
residence time of 8,760 hours; however, in the Comments page, the plant
stated that the residence time is indefinite.  Please confirm the
residence time provided.

A:  “Indefinite” is the best answer.

12	N	51	B-33	Q: For WWT-2, the “Average Dose Concentration” of
Pozzalime is listed as 0.4 g/L for one dpy.  Is 0.4 g/L the target
concentration of Pozzalime in the settling pond for the entire year or
is it the initial target concentration at the time the Pozzalime is
added?  Please confirm that chemical was added to the WWT-2 settling
pond in 2006 despite the fact that it did not receive or discharge
wastewater.

A:  Confirmed.

13	N	52	B-34	Q: For WWT-3, the plant listed an effluent flow rate of
210,000 gpd and 75 dpy; however Diagram 5-3 shows an effluent flow rate
of 30 gpm.  Please confirm that the effluent flow rate from the WWT-3
settling pond is continuous at 30 gpm (24 hpd, and 365 dpy).

A:  The values provided in Question 52 are most accurate.