[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Rules and Regulations]
[Pages 3319-3325]
[FR Doc No: 2013-00770]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 121220730-2730-01]
RIN 0694-AF84

Amendments to Existing Validated End User Authorizations:
Advanced Micro Devices China, Inc., Lam Research Corporation, SK hynix
Semiconductor (China) Ltd., and SK hynix Semiconductor (Wuxi) Ltd. in
the People's Republic of China; Clarification of Scope of Entries in
Supplement

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
Authorization Validated End-User (VEU) listings for four VEUs in the
People's Republic of China (PRC). Specifically, BIS amends Supplement
No. 7 to part 748 of the EAR to update VEU Advanced Micro Devices China
Inc.'s (AMD China) current list of eligible destinations. BIS also
amends the authorization of VEU Lam Research Corporation (Lam) by
updating the addresses of ten eligible destinations and reformatting
the list of Lam's existing eligible destinations into groups associated
with specific eligible items. BIS also updates the EAR to amend the
addresses and lists of eligible items for VEUs SK hynix Semiconductor
(China) Ltd. and SK hynix Semiconductor (Wuxi) Ltd. Finally, BIS amends
Supplement No. 7 to part 748 of the EAR to include language reminding
exporters that the language in the Supplement does not supersede other
requirements in the EAR.
    These amendments to the authorizations of the named VEUs are not
the result of activities of concern. The respective changes were
prompted by factors arising from the companies' normal course of
business or are being done at the request of the companies.

DATES: This rule is effective January 16, 2013.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania Avenue NW., Washington, DC 20230;
by telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

Authorization Validated End-User

    Validated end-users (VEUs) are designated entities located in
eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) under a general authorization
instead of a license. The names of the VEUs, as well as the date they
were so designated, and their respective eligible destinations and
items are identified in Supplement No. 7 to part 748 of the EAR. Under
the terms described in that supplement, VEUs may obtain eligible items
without an export license from BIS. Eligible items may include
commodities, software, and technology, except those controlled for
missile technology or crime control reasons.
    VEUs are reviewed and approved by the U.S. Government in accordance
with the provisions of Section 748.15 and Supplement Nos. 8 and 9 to
part 748 of the EAR. The End-User Review Committee (ERC), composed of
representatives from the Departments of State, Defense, Energy and
Commerce, and other agencies, as appropriate, is responsible for
administering the VEU program. BIS amended the EAR in a final rule on
June 19, 2007 (72 FR 33646) to create Authorization VEU.

Amendment to Existing Validated End-User Authorizations in the PRC

Revisions to the List of Eligible Destinations for Advanced Micro
Devices China, Inc.

    In this rule, BIS amends Supplement No. 7 to part 748 of the EAR to
update two eligible destinations for Advanced Micro Devices China,
Inc.'s (AMD China). Specifically, BIS updates the address of Advanced
Micro Devices (Shanghai) Co., Ltd. by adding the country name to the
address, and the address of AMD Technology Development (Beijing) Co.,
Ltd. by removing the floor designation in the address.
Names and Former Addresses of Facilities
AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou, China
215021.
Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47, 48 & 49,
River Front Harbor, Zhangjiang Hi-Tech Park 1387 Zhangdong Rd., Pudong,
Shanghai, 201203.
AMD Technology Development (Beijing) Co., Ltd., 18F, North and South
Buildings, RaycomInfotech Park Tower C, No. 2 Science Institute South
Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190.
Names and Current Addresses of Facilities
AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou, China
215021.
Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47, 48 & 49,
River Front Harbor, Zhangjiang Hi-Tech Park, 1387 Zhangdong Rd.,
Pudong, Shanghai, China 201203.
AMD Technology Development (Beijing) Co., Ltd., North and South
Buildings, RaycomInfotech Park Tower C, No. 2 Science Institute South
Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190.

    In addition, BIS adds a new eligible destination, AMD Products
(China) Co. Ltd., to AMD's current list of eligible destinations in the
PRC, as follows:
Additional Eligible Destination
AMD Products (China) Co. Ltd., North and South Buildings,
RaycomInfotech Park Tower C, No. 2 Science Institute South Rd., Zhong
Guan Cun, Haidian District, Beijing, China 100190.

Revisions to the List of Eligible Destinations and the List of Eligible
Items (by ECCN) for Lam Research Corporation

    In this rule, BIS amends Supplement No. 7 to part 748 to revise the
eligible destinations and eligible items authorized for VEU Lam
Research Corporation (Lam). Specifically, BIS updates the addresses of
ten of Lam's existing eligible destinations and reformats Lam's
existing eligible destinations into two groups, each with distinct
lists of eligible items. The specific changes to Lam's authorization
are as follows:
Names and Former Addresses of Facilities
Lam Research (Shanghai) Service Co., 1st Floor, Area C, Hua Hong
Science & Technology Park, 177 Bi Bo Road, Zhangjiang Hi-Tech Park,
Pudong, Shanghai, China 201203.
Lam Research Shanghai Co., Ltd., No. 1 Jilong Rd., Room 424-2,
Waigaoqiao Free Trade Zone, Shanghai, China 200131.
Lam Research International Sarl (Lam Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd., No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China 201203.
Lam Research International Sarl (Lam Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain (Shanghai) Co., Ltd., No. 3869,
Longdong Avenue, Pudong New District, Shanghai, China 200131.
Lam Research Service Co., Ltd. (Beijing Branch), Rm 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road, BDA, Beijing, China 100176.
Lam Research International Sarl (Lam Beijing Warehouse), Beijing Lam
Electronics Tech Center, No. 8 Building, No.1, Disheng North Street,
BDA, Beijing, China 100176.
Lam Research Service Co., Ltd., Wuxi Representative Office, Singapore
International Park, 6 302, No. 89 Xing Chuang, 4 Road, New
District, Wuxi, Jiangsu, China 214028.
Lam Research International Sarl (Wuxi EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., F1, Area 4, No. 1, Plot J3, No. 5
Gaolang East Road, Export Processing Zone, Wuxi, China 214028.
Lam Research Service Co., Ltd., Wuhan Representative Office, No. 1
Guanshan Road, Donghu Development Zone, Room E4-302, Optical Valley
Software Park, Wuhan, Hubei, China 430074.
Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou), A Division of
Lam Research International Sarl, A-2 Building, Export Processing Zone,
Suzhou New District, Jiangsu Province, China 215151.
Lam Research International Sarl (Lam Beijing Warehouse), Building 3,
No. 9 Ke Chuang Er Street, Beijing Economic Technology Development
Zone, Beijing, China 100176.
Lam Research International Sarl (Wuhan TSS), c/o HMG Wuhan Logistic
Co., Ltd., 1st--2nd Floor, No. 5 Building, Hua Shi Yuan Er Road,
Optical Valley Industry Park, East-lake Hi-Tech Development Zone, Wuhan
City, Hubei Province, China 430223.
Names and Current Addresses of Facilities
Lam Research Service Co., Ltd., 1st Floor, Area C, Hua Hong Science &
Technology Park, 177 Bi Bo Road, Zhangjiang Hi-Tech Park, Pudong,
Shanghai, China 201203.
Lam Research (Shanghai) Co., Ltd., No. 1 Jilong Rd., Room 424-2,
Waigaoqiao Free Trade Zone, Shanghai, China 200131.
Lam Research Service Co., Ltd. (Beijing Branch), Rm 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road, Beijing Economic & Technological
Development Area, Beijing, China 100176.
Lam Research International Sarl (Lam Beijing Warehouse), c/o Beijing
Lam Electronics Tech Center, No. 8 Building, No. 1, Disheng North
Street, Beijing Economic & Technological Development Area, Beijing,
China 100176.
Lam Research Service Co., Ltd., Wuxi Representative Office, Room 302,
Building 6, Singapore International Park, No. 89 Xing Chuang Si Road,
Wuxi New District, Wuxi, Jiangsu, China 214028.
Lam Research International Sarl (Wuxi EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., 1st Fl, Area 4, No. 1, Plot J3, No. 5
Gaolang East Road, Export Processing Zone, Wuxi, China 214028.
Lam Research Service Co., Ltd., Wuhan Representative Office, Room 302,
Guanggu Software Park Building E4, No. 1 Guanshan Road, Donghu
Development Zone, Wuhan, Hubei Province, China 430074.
Lam Research International Sarl (Lam Beijing Warehouse), c/o HMG Hi-
tech Logistics (Beijing) Co., Ltd., Building 3, No. 9 Ke Chuang Er
Street, Beijing Economic Technological Development Area, Beijing, China
100176.
Lam Research International Sarl (Wuhan TSS), c/o HMG Wuhan Logistic
Co., Ltd., 1st--2nd Floor, Area B, No. 5

Building, Hua Shi Yuan Er Road, East-lake Hi-Tech Development Zone,
Wuhan, Hubei Province, China 430223.
Lam Research International Sarl (Lam Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain (Shanghai) Co., Ltd., No. 55, Fei la
Road, Waigaoqiao Free Trade Zone, Pudong New Area, Shanghai, China
200131.
Lam Research International Sarl (Lam Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd., No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China 201203.
Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou), A Division of
Lam Research International Sarl, A-2 Building, Export Processing Zone,
Suzhou New District, Jiangsu Province, China 215151.
Eligible Items (by ECCN) and Their Eligible Destinations
    The items identified by ECCN below may be exported to the following
eligible destinations:
     Lam Research International Sarl (Lam Shanghai Warehouse);
     Lam Research International Sarl (Lam Shanghai Warehouse;
WGQ Bonded Warehouse);
     Lam Research International Sarl (Lam Beijing Warehouse);
     Lam Research International Sarl (Wuxi EPZ Bonded
Warehouse);
     Lam Research International Sarl (Lam Beijing Warehouse);
and
     Lam Research International Sarl (Wuhan TSS).
    The items identified here may be exported to the Lam facilities
listed immediately above: ECCNs 2B230, 2B350.c, 2B350.d, 2B350.g,
2B350.h, 2B350.i, 3B001.c and 3B001.e (items classified under ECCNs
3B001.c and 3B001.e are limited to specially designed components and
accessories), 3D001 (limited to ``software'' (excluding source code)
specially designed for the ``development'' or ``production'' of
equipment controlled by ECCN 3B001), 3D002 (limited to ``software''
(excluding source code) specially designed for the ``use'' of equipment
controlled by ECCN 3B001), and 3E001 (limited to ``technology''
according to the General Technology Note for the ``development'' of
equipment controlled by ECCN 3B001).
    The items identified by ECCN below may be exported to the following
eligible destinations:
     Lam Research Service Co., Ltd.;
     Lam Research (Shanghai) Co., Ltd.;
     Lam Research Service Co., Ltd. (Beijing Branch);
     Lam Research Service Co., Ltd. Wuxi Representative Office;
     Lam Research Service Co., Ltd. Wuhan Representative
Office; and
     Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou).
    The items identified here may be exported to the Lam facilities
listed immediately above: ECCNs 2B230, 2B350.c, 2B350.d, 2B350.g,
2B350.h, 2B350.i, 3B001.c and 3B001.e (items classified under ECCNs
3B001.c and 3B001.e are limited to specially designed components and
accessories), 3D001 (limited to ``software'' (excluding source code)
specially designed for the ``development'' or ``production'' of
equipment controlled by ECCN 3B001), 3D002 (limited to ``software''
(excluding source code) specially designed for the ``use'' of equipment
controlled by ECCN 3B001), and 3E001 (limited to ``technology''
according to the General Technology Note for the ``development'' or
``production'' (limited to those stages that support integration,
assembly (mounting), inspection, testing, and quality assurance) of
equipment controlled by ECCN 3B001).

Revisions to the List of Eligible Destinations for SK hynix
Semiconductor (China) Ltd. and SK hynix Semiconductor (Wuxi) Ltd.

    In this rule, BIS also amends the EAR to include the postcodes for
the addresses of VEUs SK hynix Semiconductor (China) Ltd. and SK hynix
Semiconductor (Wuxi) Ltd. (collectively, ``SK hynix China''). The
updated addresses are as follows:
Name and Current Address of SK hynix Semiconductor (China) Ltd.
SK hynix Semiconductor (China) Ltd., Lot K7/K7-1, Export Processing
Zone, Wuxi, Jiangsu, China 214028.
Name and Current Address of SK hynix Semiconductor (Wuxi) Ltd.
SK hynix Semiconductor (Wuxi) Ltd., Lot K7/K7-1, Export Processing
Zone, Wuxi, Jiangsu, China 214028.

    BIS also removes ECCN 3B001.d from the list of eligible items in
Supplement No. 7 to part 748 for SK hynix Semiconductor (China) Ltd.
and SK hynix Semiconductor (Wuxi) Ltd. to conform with changes to the
Commerce Control List (Supplement No. 1 to part 774 of the EAR) in
``Wassenaar Arrangement 2011 Plenary Agreements Implementation:
Commerce Control List, Definitions, New Participating State (Mexico)
and Reports,'' published July 2, 2012 (77 FR 39354).
Former List of Eligible Items for SK hynix China
    3B001.a, 3B001.b, 3B001.c, 3B001.d, 3B001.e, and 3B001.f.
Current List of Eligible Items for SK hynix China
    3B001.a, 3B001.b, 3B001.c, 3B001.e, and 3B001.f.
    The amendments to the VEU authorizations for AMD China, Lam, and SK
hynix China, as approved by the ERC, were prompted by factors arising
from the companies' normal course of business or were requested by the
companies. None of the amendments were the result of activities of
concern by the companies.

Revision to Supplement No. 7 to Part 748 of the EAR Table

    Finally, this rule amends Supplement No. 7 to part 748 of the EAR
to include language reminding exporters that the language in the
Supplement does not supersede requirements elsewhere in the EAR. The
new language reads as follows: ``Nothing in this Supplement shall be
deemed to contradict other provisions in the EAR, including but not
limited to Sec.  748.15(c).'' This addition is intended to remind
exporters that items controlled for missile technology and/or crime
control reasons are not eligible for export, reexport or transfer (in-
country) under Authorization VEU.
    Since August 21, 2001, the Export Administration Act (the Act) has
been in lapse and the President, through Executive Order 13222 of
August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most
recently by the Notice of August 15, 2012, 77 FR 49699 (August 16,
2012), has continued the EAR in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Act, as appropriate and to the extent permitted by
law, pursuant to Executive Order 13222.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This rule has been determined to be not significant for purposes of
Executive Order 12866.

    2. This rule involves collections previously approved by the Office
of Management and Budget (OMB) under Control Number 0694-0088, ``Multi-
Purpose Application,'' which carries a burden hour estimate of 43.8
minutes to prepare and submit form BIS-748; and for recordkeeping,
reporting and review requirements in connection with Authorization VEU,
which carries an estimated burden of 30 minutes per submission. This
rule is expected to result in a decrease in license applications
submitted to BIS. Total burden hours associated with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control
Number 0694-0088 are not expected to increase significantly as a result
of this rule.
    Notwithstanding any other provisions of law, no person is required
to respond nor be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
Control Number.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive requirements that this rule be
subject to notice and the opportunity for public comment because such
notice and comment here are unnecessary and contrary to the public
interest. In determining whether to grant VEU designations, a committee
of U.S. Government agencies evaluates information about and commitments
made by candidate companies, the nature and terms of which are set
forth in 15 CFR part 748, Supplement No. 8. The criteria for evaluation
by the committee are set forth in 15 CFR 748.15(a)(2).
    The information, commitments, and criteria for this extensive
review were all established through the notice of proposed rulemaking
and public comment process (71 FR 38313 (July 6, 2006) (proposed rule),
and 72 FR 33646 (June 19, 2007) (final rule)). Given the similarities
between the authorizations provided under the VEU program and export
licenses (as discussed further below), the publication of this
information does not establish new policy. In publishing this final
rule, BIS simply amends four VEU authorizations by updating the
eligible destinations of the four end-users and revising the eligible
items of one of the four end-users. Additionally, BIS is adding
language reminding exporters that the language in Supplement No. 7 to
part 748 does not supersede requirements elsewhere in the EAR. These
changes have been made within the established regulatory framework of
the Authorization VEU program. Further, this rule does not abridge the
rights of the public or eliminate the public's option to export under
any of the forms of authorization set forth in the EAR.
    Publication of this rule in other than final form is unnecessary
because the authorizations granted in the rule are consistent with the
authorizations granted to exporters for individual licenses (and
amendments or revisions thereof), which do not undergo public review.
In addition, as with license applications, VEU authorization
applications contain confidential business information, which is
necessary for the extensive review conducted by the U.S. Government in
assessing such applications. Under the Export Administration Act, such
information is withheld from public disclosure unless determined to be
in the national interest. This information is extensively reviewed
according to the criteria for VEU authorizations, as set out in 15 CFR
748.15(a)(2). Additionally, just as the interagency reviews license
applications, the authorizations granted under the VEU program involve
interagency deliberation and result from review of public and non-
public sources, including licensing data, and the measurement of such
information against the VEU authorization criteria. Given the nature of
the review, and in light of the parallels between the VEU application
review process and the review of license applications, public comment
on this authorization and subsequent amendments prior to publication is
unnecessary. Moreover, because, as noted above, the criteria and
process for authorizing and administering VEUs were developed with
public comments, allowing additional public comment on this amendment
to individual VEU authorizations, which was determined according to
those criteria, is unnecessary. Finally, allowing for prior public
notice and comment is contrary to the public interest because it could
cause confusion with the VEU status of the four companies identified in
this rule due to the changes made to their addresses and items that may
be exported, reexported or transferred (in-country) without a license
to one of those companies. Regarding the addition of language to
Supplement No. 7 to part 748 of the EAR, allowing for public comment
and notice is unnecessary because the new language clarifies existing
requirements; it does not create new requirements.
    Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the requirement of
5 U.S.C. 553(d)(3) to delay the effectiveness of this regulation,
because such a delay is unnecessary. BIS is simply amending four VEU
authorizations by updating the ``Eligible Destinations'' of the four
end-users and revising the ``Eligible Items (by ECCN)'' of one of the
four end-users, in addition to adding language reminding exporters that
the language in the Supplement No. 7 to part 748 does not supersede
requirements elsewhere in the EAR. These changes have been made within
the established regulatory framework of the Authorization VEU program.
Further, this rule does not abridge the rights of the public or
eliminate the public's option to export under any of the forms of
authorization set forth in the EAR. Delaying this action's
effectiveness could cause confusion with the VEU status of the
companies identified in this rule due to the changes made to their
addresses and items that may be exported, reexported or transferred
(in-country) without a license. Regarding the addition of language to
Supplement No. 7 to part 748, delaying this action's effectiveness is
unnecessary because the new language clarifies existing requirements;
it does not create new requirements. Accordingly, it would be
unnecessary and contrary to the public interest to delay this rule's
effectiveness.
    No other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required under the APA or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable and no regulatory flexibility analysis has been
prepared.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

    Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended
as follows:

PART 748--[AMENDED]

0
1. The authority citation for 15 CFR part 748 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2012, 77
FR 49699 (August 16, 2012).

0
2. Supplement No. 7 to Part 748 is amended:
0
a. By adding a sentence below the first row of column headings; and
0
b. By revising the entries for ``Advanced Micro Devices China, Inc.,''
``Lam Research Corporation,'' ``SK hynix Semiconductor (China) Ltd.,''
and ``SK hynix Semiconductor (Wuxi) Ltd.'' in ``China (People's
Republic of)'' as follows:

  Supplement No. 7 to Part 748--Authorization Validated End-User (VEU); List of Validated End-Users, Respective
                   Items Eligible for Export, Reexport and Transfer, and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
                                                        Eligible items         Eligible        Federal Register
             Country              Validated end user       (by ECCN)          destination          citation
----------------------------------------------------------------------------------------------------------------
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
 to Sec.   748.15(c).
----------------------------------------------------------------------------------------------------------------
China (People's Republic of)....  Advanced Micro      3D002, 3D003,       AMD Technologies    75 FR 25763, 5/10/
                                   Devices China,      3E001 (limited to   (China) Co.,        10.
                                   Inc.                ``technology''      Ltd., No. 88, Su   76 FR 2802, 1/18/
                                                       for items           Tong Road,          11.
                                                       classified under    Suzhou, China      78 FR [INSERT FR
                                                       3C002 and 3C004     215021.             PAGE NUMBER] 1/16/
                                                       and                Advanced Micro       13.
                                                       ``technology''      Devices
                                                       for use during      (Shanghai) Co.,
                                                       the International   Ltd., Buildings
                                                       Technology          46, 47, 48 & 49,
                                                       Roadmap for         River Front
                                                       Semiconductors      Harbor,
                                                       (ITRS) process      Zhangjiang Hi-
                                                       for items           Tech Park, 1387
                                                       classified under    Zhangdong Rd.,
                                                       ECCNs 3B001 and     Pudong, Shanghai,
                                                       3B002), 3E002       China 201203.
                                                       (limited to        AMD Technology
                                                       ``technology''      Development
                                                       for use during      (Beijing) Co.,
                                                       the ITRS process    Ltd., North and
                                                       for items           South Buildings,
                                                       classified under    RaycomInfotech,
                                                       ECCNs 3B001 and     Park Tower C, No.
                                                       3B002), 3E003.e     2 Science
                                                       (limited to the     Institute South
                                                       ``development''     Rd., Zhong Guan
                                                       and                 Cun, Haidian
                                                       ``production'' of   District,
                                                       integrated          Beijing, China
                                                       circuits for        100190..
                                                       commercial         AMD Products
                                                       applications),      (China) Co. Ltd.,
                                                       4D001, 4D002 and    North and South
                                                       4E001 (limited to   Buildings,
                                                       the                 RaycomInfotech
                                                       ``development''     Park, Tower C,
                                                       of products under   No. 2 Science
                                                       ECCN 4A003).        Institute South
                                                                           Rd., Zhong Guan
                                                                           Cun, Haidian
                                                                           District,
                                                                           Beijing, China
                                                                           100190..

                                                  * * * * * * *
                                  Lam Research        These Items         * Lam Research      75 FR 62462, 10/12/
                                   Corporation.        Authorized for      International       10.
                                                       those Lam's         Sarl (Lam          77 FR 10955, 2/24/
                                                       Destinations        Shanghai            12.
                                                       Identified by a     Warehouse), c/o    78 FR [INSERT FR
                                                       single asterisk     HMG Supply Chain    PAGE NUMBER] 1/16/
                                                       (*): 2B230,         (Shanghai) Co.,     13.
                                                       2B350.c, 2B350.d,   Ltd., No. 3869,
                                                       2B350.g, 2B350.h,   Longdong Avenue,
                                                       2B350.i, 3B001.c    Pudong New
                                                       and 3B001.e         District,
                                                       (items classified   Shanghai, China
                                                       under ECCNs         201203.
                                                       3B001.c and        * Lam Research
                                                       3B001.e are         International
                                                       limited to          Sarl (Lam
                                                       specially           Shanghai
                                                       designed            Warehouse; WGQ
                                                       components and      Bonded
                                                       accessories),       Warehouse), c/o
                                                       3D001 (limited to   HMG Supply Chain
                                                       ``software''        (Shanghai) Co.,
                                                       (excluding source   Ltd., No. 55, Fei
                                                       code) specially     la Road,
                                                       designed for the    Waigaoqiao Free
                                                       ``development''     Trade Zone,
                                                       or ``production''   Pudong New Area,
                                                       of equipment        Shanghai, China
                                                       controlled by       200131..
                                                       ECCN 3B001),       * Lam Research
                                                       3D002 (limited to   International
                                                       ``software''        Sarl (Lam Beijing
                                                       (excluding source   Warehouse), c/o
                                                       code) specially     Beijing Lam
                                                       designed for the    Electronics Tech
                                                       ``use'' of          Center, No. 8
                                                       equipment           Building No. 1,
                                                       controlled by       Disheng North
                                                       ECCN 3B001), and    Street, Beijing
                                                       3E001 (limited to   Economic &
                                                       ``technology''      Technological
                                                       according to the    Development Area,
                                                       General             Beijing, China
                                                       Technology Note     100176..
                                                       for the            * Lam Research
                                                       ``development''     International
                                                       of equipment        Sarl (Wuxi EPZ
                                                       controlled by       Bonded
                                                       ECCN 3B001).        Warehouse), c/o
                                                                           HMG WHL Logistic
                                                                           (Wuxi) Co., Ltd.,
                                                                           1st Fl, Area 4,
                                                                           No. 1, Plot J3,
                                                                           No. 5 Gaolang
                                                                           East Road, Export
                                                                           Processing Zone,
                                                                           Wuxi, China
                                                                           214028..

                                                                          * Lam Research
                                                                           International
                                                                           Sarl (Lam Beijing
                                                                           Warehouse), c/o
                                                                           HMG Hi-tech
                                                                           Logistics
                                                                           (Beijing) Co.,
                                                                           Ltd., Building 3,
                                                                           No. 9 Ke Chuang
                                                                           Er Street,
                                                                           Beijing Economic
                                                                           Technological
                                                                           Development Area,
                                                                           Beijing, China
                                                                           100176.
                                                                          * Lam Research
                                                                           International
                                                                           Sarl (Wuhan TSS),
                                                                           c/o HMG Wuhan
                                                                           Logistic Co.,
                                                                           Ltd., 1st-2nd
                                                                           Floor, Area B,
                                                                           No. 5 Building,
                                                                           Hua Shi Yuan Er
                                                                           Road, East-lake
                                                                           Hi-Tech
                                                                           Development Zone,
                                                                           Wuhan, Hubei
                                                                           Province, China
                                                                           430223.
                                                      These Items         ** Lam Research
                                                       Authorized for      Service Co.,
                                                       those Lam's         Ltd., 1st Floor,
                                                       Destinations        Area C, Hua Hong
                                                       Identified by two   Science &
                                                       asterisks (**):     Technology Park,
                                                       2B230, 2B350.c,     177 Bi Bo Road,
                                                       2B350.d, 2B350.g,   Zhangjiang Hi-
                                                       2B350.h, 2B350.i,   Tech Park,
                                                       3B001.c and         Pudong, Shanghai,
                                                       3B001.e (items      China 201203..
                                                       classified under   ** Lam Research
                                                       ECCNs 3B001.c and   (Shanghai) Co.,
                                                       3B001.e are         Ltd., No. 1
                                                       limited to          Jilong Rd., Room
                                                       specially           424-2, Waigaoqiao
                                                       designed            Free Trade Zone,
                                                       components and      Shanghai, China
                                                       accessories),       200131..
                                                       3D001 (limited to  ** Lam Research
                                                       ``software''        Service Co., Ltd.
                                                       (excluding source   (Beijing Branch),
                                                       code) specially     Rm 1010, Zhaolin
                                                       designed for the    Building, No. 15
                                                       ``development''     Rong Hua Zhong
                                                       or ``production''   Road, Beijing
                                                       of equipment        Economic &
                                                       controlled by       Technological
                                                       ECCN 3B001),        Development Area,
                                                       3D002 (limited to   Beijing, China
                                                       ``software''        100176..
                                                       (excluding source  ** Lam Research
                                                       code) specially     Service Co.,
                                                       designed for the    Ltd., Wuxi
                                                       ``use'' of          Representative
                                                       equipment           Office, Room 302,
                                                       controlled by       Building 6,
                                                       ECCN 3B001), and    Singapore
                                                       3E001 (limited to   International
                                                       ``technology''      Park, No. 89 Xing
                                                       according to the    Chuang Si Road,
                                                       General             Wuxi New
                                                       Technology Note     District, Wuxi,
                                                       for the             Jiangsu, China
                                                       ``development''     214028..
                                                       or ``production''  ** Lam Research
                                                       (limited to those   Service Co.,
                                                       stages that         Ltd., Wuhan
                                                       support             Representative
                                                       integration,        Office, Room 302,
                                                       assembly            Guanggu Software
                                                       (mounting),         Park Building E4,
                                                       inspection,         No. 1 Guanshan
                                                       testing, and        Road, Donghu
                                                       quality             Development Zone,
                                                       assurance) of       Wuhan, Hubei
                                                       equipment           Province, China
                                                       controlled by       430074..
                                                       ECCN 3B001).
                                                                          ** Lam Research
                                                                           Semiconductor
                                                                           (Suzhou) Co.,
                                                                           Ltd. (Suzhou), A
                                                                           Division of Lam
                                                                           Research
                                                                           International
                                                                           Sarl, A-2
                                                                           Building, Export
                                                                           Processing Zone,
                                                                           Suzhou New
                                                                           District, Jiangsu
                                                                           Province, China
                                                                           215151.

                                                  * * * * * * *
                                  SK hynix            3B001.a, 3B001.b,   SK hynix            75 FR 62462, 10/12/
                                   Semiconductor       3B001.c, 3B001.e,   Semiconductor       10.
                                   (China) Ltd.        and 3B001.f.        (China) Ltd., Lot  77 FR 40258, 7/9/
                                                                           K7/K7-1, Export     12.
                                                                           Processing Zone,   78 FR [INSERT FR
                                                                           Wuxi, Jiangsu,      PAGE NUMBER] 1/16/
                                                                           China 214028.       13.
                                  SK hynix            3B001.a, 3B001.b,   SK hynix            75 FR 62462, 10/12/
                                   Semiconductor       3B001.c, 3B001.e,   Semiconductor       10.
                                   (Wuxi) Ltd.         and 3B001.f.        (Wuxi) Ltd., Lot   77 FR 40258, 7/9/
                                                                           K7/K7-1, Export     12.
                                                                           Processing Zone,   78 FR [INSERT FR
                                                                           Wuxi, Jiangsu,      PAGE NUMBER] 1/16/
                                                                           China 214028.       13.

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

    Dated: January 10, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-00770 Filed 1-15-13; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Proposed Rules]
[Pages 24073-24077]
[FR Doc No: 2022-08584]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0462; Project Identifier MCAI-2021-00647-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 737-700, 737-800, 747-400, 747-8,
767-400ER, and 777-200 airplanes. This proposed AD was prompted by a
report that there is the potential for electrical current to pass
through low pressure (LP) oxygen flex-hoses in the gaseous passenger
oxygen system. This proposed AD would require replacing each conductive
oxygen flex-hose installed on LP gaseous passenger oxygen systems with
a serviceable non-conductive oxygen flex-hose. This proposed AD would
also prohibit installation of a conductive oxygen flex-hose on LP
gaseous passenger oxygen systems. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 6,
2022.

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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Lufthansa
Technik AG, Weg beim J[auml]ger 193 22335 Hamburg, Germany; telephone
49-40-5070-67428; internet https://www.lufthansa-technik.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0462; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0462; Project Identifier
MCAI-2021-00647-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email [email protected]. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2021-0135, dated June 2, 2021 (EASA AD 2021-0135) (also
referred to after this as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for certain
The Boeing Company Model 737-700, 737-800, 747-400, 747-8, 767-400ER,
and 777-200 airplanes with certain Lufthansa Technik AG supplemental
type certificates (STCs). Those STCs are not validated by the FAA; this
proposed AD therefore refers to the corresponding FAA STC, STC
ST04127NY, instead in the applicability. You may examine the MCAI in
the AD docket at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0462.
    This proposed AD was prompted by a report that there is the
potential for electrical current to pass through LP oxygen flex-hoses
in the gaseous passenger oxygen system. Exposure to electrical faults,
such as unintended short circuits, can result in localized electrical
heating of the LP oxygen flex-hoses. The FAA issued AD 2018-09-12,
Amendment 39-19269 (83 FR 22360,

May 15, 2018) (AD 2018-09-12), for certain The Boeing Company Model
747-200B, -300, and -400 series airplanes; and AD 2019-25-12, Amendment
39-21010 (85 FR 449, dated January 6, 2020) (AD 2019-25-12), for
certain The Boeing Company Model 777-200 and -300ER series airplanes.
AD 2018-09-12 and AD 2019-25-12 require replacing the LP oxygen flex-
hoses with new non-conductive LP oxygen flex-hoses in the gaseous
passenger oxygen system in airplanes equipped with therapeutic oxygen.
The same conductive oxygen flex-hoses affected by those ADs have also
been installed on airplanes modified by the Lufthansa Technik AG STCs
and FAA STC that are the subject of this AD but were not part of the
applicability of AD 2018-09-12 and AD 2019-25-12. The FAA is proposing
this AD to address the possibility of electrical current passing
through the LP oxygen flex-hoses in the gaseous passenger oxygen
system, which could cause the flex-hoses to melt or burn and result in
an oxygen-fed fire in the passenger cabin. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    Lufthansa Technik AG has issued the following service information.
     Lufthansa Technik Design Change Summary ASN-00-DCS-01,
Revision 8, dated November 5, 2020.
     Lufthansa Technik Design Change Summary ATB-25-DCS-01,
Revision 10, dated January 7, 2021.
     Lufthansa Technik Design Change Summary ATR-23-DCS-01,
Revision 2, dated January 21, 2021.
     Lufthansa Technik Design Change Summary BCM-35-DCS-01,
dated January 4, 2021.
     Lufthansa Technik Design Change Summary BCP-35-DCS-01,
Revision 1, dated April 20, 2021.
     Lufthansa Technik Design Change Summary BCQ-35-DCS-01,
Revision 1, dated April 20, 2021.
     Lufthansa Technik Design Change Summary BCR-35-DCS-01,
Revision 1, dated April 20, 2021.
     Lufthansa Technik Design Change Summary BCS-35-DCS-01,
dated January 5, 2021.
     Lufthansa Technik Design Change Summary BCU-35-DCS-01,
dated January 5, 2021.
     Lufthansa Technik Design Change Summary BCV-35-DCS-01,
dated February 4, 2021.
     Lufthansa Technik Design Change Summary BCW-35-DCS-01,
dated January 4, 2021.
     Lufthansa Technik Design Change Summary BCX-35-DCS-01,
Revision 1, dated February 4, 2021.
    This service information describes procedures for replacing each
conductive oxygen flex-hose installed on LP gaseous passenger oxygen
systems with a serviceable non-conductive oxygen flex-hose. These
documents are distinct since they apply to different airplane models
and manufacturer serial numbers.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit installation of a conductive oxygen flex-hose on LP
gaseous passenger oxygen systems.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 7 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                 Parts cost          Cost per product           Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 17 work-hours x $85 per hour          $10,090   Up to $11,535...............  Up to $80,745.
 = Up to $1,445.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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:

The Boeing Company: Docket No. FAA-2022-0462; Project Identifier
MCAI-2021-00647-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by June 6, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-700, 737-800,
747-400, 747-8, 767-400ER, and 777-200 airplanes, certificated in
any category, manufacturer serial numbers (MSN) 28551, 28961, 29953,
30791, 30884, 32445, 32575, 32915, 32970, 32971, 33010, 33102,
33361, 33684, 34205, 37500, and 37544, modified by FAA supplemental
type certificate (STC) ST04127NY.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report that there is the potential for
electrical current to pass through low pressure (LP) oxygen flex-
hoses in the gaseous passenger oxygen system. The FAA is issuing
this AD to address this condition, which could cause the flex-hoses
to melt or burn and result in an oxygen-fed fire in the passenger
cabin.

(f) Compliance

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

(g) Replacement

    Within 48 months after the effective date of this AD: Replace
each conductive oxygen flex-hose installed on LP gaseous passenger
oxygen systems with a serviceable non-conductive oxygen flex-hose,
in accordance with the Accomplishment Instructions of the applicable
Lufthansa Technik Design Change Summary (TS-145 Installation
Document Number) corresponding to the affected part numbers
specified in figure 1 to paragraph (g) of this AD.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP22AP22.003

[GRAPHIC] [TIFF OMITTED] TP22AP22.004

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
prohibited conductive oxygen flex-hose specified in figure 1 to
paragraph (g) of this AD, on LP gaseous passenger oxygen systems on
any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using the service information in paragraphs (i)(1)
through (6) of this AD.
    (1) Lufthansa Technik Design Change Summary ASN-00-DCS-01,
Revision 6, dated June 25, 2020.
    (2) Lufthansa Technik Design Change Summary ASN-00-DCS-01,
Revision 7, dated August 26, 2020.

    (3) Lufthansa Technik Design Change Summary BCP-35-DCS-01, dated
January 5, 2021.
    (4) Lufthansa Technik Design Change Summary BCQ-35-DCS-01, dated
January 7, 2021.
    (5) Lufthansa Technik Design Change Summary BCR-35-DCS-01, dated
January 7, 2021.
    (6) Lufthansa Technik Design Change Summary BCX-35-DCS-01, dated
January 7, 2021.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or the European Union
Aviation Safety Agency (EASA); or Lufthansa Technik AG's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2021-0135, dated June 2, 2021, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2022-0462.
    (2) For more information about this AD, contact Chirayu Gupta,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
[email protected].
    (3) For service information identified in this AD, contact
Lufthansa Technik AG, Weg beim J[auml]ger 193 22335 Hamburg,
Germany; telephone 49-40-5070-67428; internet https://www.lufthansa-technik.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued on April 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-08584 Filed 4-21-22; 8:45 am]
BILLING CODE 4910-13-C


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40805]
[DOCID:fr14jy10-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

McGinnis, Inc. Notice of Preliminary Permit Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

July 6, 2010.
    On September 29, 2009, McGinnis, Inc. filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Pickwick Hydrokinetic
Project, to be located on the Tennessee River downstream of the
Tennessee Valley Authority (TVA) and the Corps of Engineers' (COE)
existing Pickwick Lock & Dam in Harden County, Tennessee. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed Pickwick Hydrokinetic Project consists of: (1) 10
proposed 35 kilowatt axial flow turbine generating units having a total
installed capacity of 350 kilowatts; (2) a 1,300-foot-long, 13.2
kilovolt transmission line; and (3) appurtenant facilities. The
proposed Pickwick Hydrokinetic Project would have an average annual
generation of 1.533 gigawatt-hours.
    Applicant Contact: Bruce McGinnis, Sr., CEO, McGinnis, Inc., 502
Second Street Ext., South Point, OH 45680; phone:<PHONE_NUMBER>.
    FERC Contact: Kim Carter,<PHONE_NUMBER>.
    Deadline for filing comments or motions to intervene: 60 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site (http://www.ferc.gov/
docs-filing/ferconline.asp) under the ``eFiling'' link. For a simpler
method of submitting text only comments, click on ``Quick Comment.''
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or, for
TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13594) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17095 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 11, 2007 (Volume 72, Number 132)]
[Notices]
[Page 37753]
[DOCID:fr11jy07-73]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER07-875-000]

Peetz Table Wind Energy, LLC; Notice of Issuance of Order

July 3, 2007.
    Peetz Table Wind Energy, LLC (Peetz Wind) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy,
capacity and ancillary services at market-based rates. Peetz Wind also
requested waivers of various Commission regulations. In particular,
Peetz Wind requested that the Commission grant blanket approval under
18 CFR part 34 of all future issuances of securities and assumptions of
liability by Peetz Wind.
    On June 26, 2007, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under Part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Peetz Wind should file a protest 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, 385.214 (2004).
    Notice is hereby given that the deadline for filing protests is
July 27, 2007.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Peetz Wind is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Peetz Wind, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Peetz Wind's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
 Secretary.
 [FR Doc. E7-13434 Filed 7-10-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5840-5843]
[FR Doc No: 2023-01723]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0581; FRL-10168-01-R5]

Air Plan Approval; Wisconsin; VOC RACT for Miscellaneous
Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions related to the
volatile organic compound (VOC) reasonably available control technology
(RACT), submitted by the Wisconsin Department of Natural Resources
(``Wisconsin'' or ``WDNR'') on June 28, 2022. The proposed SIP
revisions consist of several additions, corrections, and clarifications
within the Wisconsin Administrative Code (WAC) NR 400 series and update
the VOC RACT requirements for the Miscellaneous Industrial Adhesives
and Miscellaneous Metal and Plastic Parts Coatings Control Techniques
Guidelines (CTG) source categories. Also, EPA is proposing to approve
Wisconsin's August 10, 2022, request to remove three previously
approved Administrative Orders from the SIP. The request to remove
these Administrative Orders includes a 110(l) demonstration
highlighting that the revisions to Wisconsin's rules do not interfere
with any applicable requirement concerning attainment or any other
applicable requirement of the Clean Air Act (CAA) because this SIP
revision is a direct replacement for the previously approved orders.
These SIP revisions apply to nonattainment areas in Wisconsin
classified as moderate or above under the 2008 or later ozone National
Ambient Air Quality Standards (``NAAQS'' or ``standard''). These
revisions are consistent with the CTG documents issued by EPA in 2008
and are approvable because they serve as SIP strengthening measures.

DATES: Comments must be received on or before March 1, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0581 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person

identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected]. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is EPA proposing?

    EPA is proposing to approve SIP revisions adopted in Board Order
AM-20-18 submitted by Wisconsin on June 28,2022 consisting of
additions, corrections, and clarifications to WAC chapters 400, 419,
421, 422, 423, 425, 439, and 484. Specifically, these revisions include
adding definitions to ensure consistency with the CTGs, correcting
inadvertent errors from past rulemakings, clarifying ``once in, always
in'' requirements for rules in WAC chapter NR 422, modifying chapters
to ensure compatibility with new and existing rules, and incorporating
updated VOC RACT requirements for the Miscellaneous Industrial
Adhesives and Miscellaneous Metal and Plastic Parts Coatings CTG source
categories. EPA is proposing to approve Wisconsin's request for the
removal of the previously approved Administrative Orders AM-20-01, AM-
20-02, and AM-20-03, submitted in a letter from WDNR on August 10,
2022. When EPA approves this action, it concurrently removes these
three Administrative Orders from the Wisconsin SIP, since Board Order
AM-20-18 replaces AM-20-01, AM-20-02, and AM-20-03. These SIP revisions
apply to nonattainment areas in Wisconsin that have been classified as
moderate or above under the 2008 or later 8-hour ozone NAAQS. These
revisions correspond to and are consistent with the source categories
and control recommendations in the CTGs issued by EPA in 2008.

II. What is the background for this action?

    VOCs contribute to the production of ground-level ozone, or smog,
which harms human health and the environment. RACT is defined as the
lowest emissions limitation that a particular source is capable of
meeting by the application of control technology that is reasonably
available considering technological and economic feasibility (44 FR
53762). Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in ozone nonattainment areas classified as moderate and
higher. Specifically, these areas are required to implement RACT for
all VOC sources covered by the latest CTGs. A CTG is a document issued
by EPA that establishes a ``presumptive norm'' for RACT for a specific
VOC source category.
    Administrative orders AM-20-01, AM-20-02, and AM-20-03 were issued
to meet RACT requirements under CAA section 182(b)(2)(A) for three
sources of VOC emissions located in ozone nonattainment areas
classified as moderate for the 2008 ozone NAAQS. EPA approved
Administrative Order AM-20-01, issued to the Insinkerator facility, in
the Wisconsin SIP on September 16, 2020 (85 FR 5772). The facility was
located in the Kenosha County, Wisconsin portion of the tri-state
Chicago-Naperville (IL-IN-WI) area which had been previously designated
nonattainment for the 2008 ozone NAAQS. On April 11, 2022, EPA
redesignated the Kenosha nonattainment area under the 2008 ozone
standard (87 FR 21027). This facility ceased operations in July 2021,
and WDNR has confirmed closure.
    EPA approved Administrative Orders AM-20-02, issued to Kieffer &
Co. Inc (Kieffer), and Administrative Order AM-20-03, issued to Kohler
Power Systems (Kohler), on July 10, 2020 (85 FR 41405). The Kieffer and
Kohler facilities are both located in the Shoreline Sheboygan County
area previously designated nonattainment under the 2008 ozone NAAQS. On
July 10, 2020, EPA redesignated Shoreline Sheboygan nonattainment area
under the 2008 ozone standard (85 FR 41405). When these administrative
orders were issued in 2020, the three sources conducted operations
covered by EPA's CTG for Miscellaneous Metal and Plastic Parts
Coatings. Also, at the time of issuance, Wisconsin was in the process
of developing Board Order AM-20-18, which incorporates VOC RACT
regulations for the Miscellaneous Metal and Plastic Parts Coatings CTG
source category. The purposes of the administrative orders were to make
the CTG for Miscellaneous Metal and Plastic Parts Coatings federally
enforceable for applicable sources and to meet VOC RACT requirements
for Wisconsin's Kenosha and Shoreline Sheboygan nonattainment areas
under the 2008 ozone NAAQS until Board Order AM-20-18 was approved in
the Wisconsin SIP.
    Wisconsin has revised its existing VOC RACT regulations to reflect
the Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives CTG source categories issued by EPA in 2008.
Wisconsin's existing VOC RACT rules (referred to as ``Part I'' rules)
for these source categories will continue to apply in the state. The
updated VOC RACT requirements (``Part II'' rules) apply in the state's
ozone nonattainment areas that have been classified as moderate or
above for any national ozone standard promulgated in or after 2008.
    The rule changes are primarily associated with the addition of the
Part II rules, which incorporate the CTGs' VOC content limits for
specific types of coatings and adhesives. Also, Wisconsin's submittal
contains several additions, corrections, and clarifications within
Chapter NR 422 of the WAC that affect current rule language for these
source categories.
    Overall, the primary purpose of these revisions is to remove
Administrative Orders AM-20-01, AM-20-02, and AM-20-03 from the SIP and
replace them with these SIP revisions which are consistent with the
Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives CTG source categories issued by EPA in 2008. These
revisions also serve as SIP strengthening measures for the
Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives VOC source categories.

III. What is EPA's evaluation of Wisconsin's VOC RACT submittal?

    EPA has reviewed Wisconsin's revised VOC rules for the
Miscellaneous Metal and Plastic Parts Coatings and Miscellaneous
Industrial Adhesives CTG source categories, which include: adding
definitions to ensure consistency with the CTGs, correcting inadvertent
errors from past rulemakings, clarifying ``once in, always in''
requirements for rules in Ch. NR 422, WAC, modifications to ensure
compatibility of existing and new rules, and incorporation of new
miscellaneous metal and plastic parts coatings and industrial adhesive
requirements.
    The proposed revisions are consistent with the latest Miscellaneous
Metal and

Plastic Parts Coatings and Miscellaneous Industrial Adhesives CTGs
published by EPA in 2008 A brief discussion of these revisions follows.

A. Clarification of Existing Rule Language

    Language in WAC Chapter NR 422.01(3), (4), and (Note) explain that
once a source becomes subject to a VOC RACT rule in Ch. NR 422, it
remains subject to the rule regardless of future reductions in
emissions (``once in, always in''), unless an approved federally
enforceable permit or SIP revision permanently restricts the source's
production, capacity utilization, or the hours of operation so that the
source's maximum theoretical emissions are below the applicability
threshold(s) in Chapter NR 422. This clarification meets the applicable
federal VOC RACT exemption requirements identified in EPA's August 23,
1990 memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, entitled ``Once-in/Always-in' Requirement for Applicability.''
In addition, changes to NR 422.03, 422.05 (1m), 422.06 (1m), 422.08
(1m), 422.14 (1m), and 422.145 (1m) include eliminating the redundancy
of the ``once in, always in'' language in these chapters.

B. Definitions

    Definitions in the following sections of the WAC are approvable,
because they are consistent with the Miscellaneous Metal and Plastics
Parts Coatings and Miscellaneous Industrial Adhesives CTGs:

 NR 422.02 (1d), (1h), (3g) (3r), (4g), (4r), (10m) and (Note),
(12o), (12q),(15m), (19f), (19v), (19x), (20q), (20u), (20y), (21d)
(21j), (25g), (25r), (32m), (34d), (34v),(36m), (38m), (41e), (41m),
(41s), (42d), (42h) and (Note), (42s), (45s),(53j), (53k), (54a),(54b),
(54c), (54d), (54e), (54f) and (Note), (54g), (54h), (54i) and (Note),
(54j), (54k), (54L), (54o), (54y) and (Note), (57s), (58m), (61s),
(63m), (64g), (64q), (64u), (65e), (65m), (65s), (66m), (74m) and
(Note), (75m), (80f) and (Note), (86e), (86m), (86s), (87d), (87h),
(87L), (93m), (95s), (100m), (104m), (106s), and (109s)
 NR 422.084(2)(a), (2)(b), (2)(c), (2)(d), (2)(e)
 NR 422.151(2)(a), (2)(b), (2)(c), (2)(d), (2)(e)

C. Adoption of CTGs as ``Part II'' Rules

    The following Part II rules apply to sources that meet the
applicability threshold in areas of the state that have been classified
as moderate or higher for any national ozone standard promulgated in or
after 2008 and are consistent with the Miscellaneous Metal and Plastics
Parts Coatings and Miscellaneous Industrial Adhesives CTGs.
     NR 422.084 is a regulation that incorporates the
Miscellaneous Metal and Plastic Parts Coatings CTG's VOC control
measures for plastic parts coatings.
     NR 422.128 is a regulation that incorporates the
Miscellaneous Industrial Adhesives CTG's VOC control measures for
adhesive use.
     NR 422.151 is a regulation that incorporates the
Miscellaneous Metal and Plastic Parts Coatings CTG's VOC control
measures for miscellaneous metal parts and products coatings.

D. Updates To Ensure Consistency With Part II Rules

     Revisions to NR 422.04(1)(a) update current Methods of
Compliance to include references to the Part II rules.
     Revisions to NR 423.035(2)(a)(1) and NR 423.037(2)(a)(1)
update current Industrial cleaning operations--part 1 and part II to
include references to the Part II rules.
     Revisions to NR 425.04(3)(a) update Exceptions and non-
ozone season allowances language include references to the Part II
rules.
     Revisions to NR 439.04(4) (intro.), (4)(a), (4)(b),
(4)(c), (4)(d), (4)(e), (4)(f), (4)(g), (5)(a) (intro.), (5)(a)(2),
(5)(a)(2) (intro.), (5)(a)(2)(b), and (5)(f)(intro.) update
Recordkeeping language to include references to the Part II rules.

E. Corrections

     Revisions to NR 422.03 (intro.) and (7) eliminate
conflicts between current language in NR 422.03(7), which establishes
exemptions from Chapter NR 422 limits for facilities using 55 gallons
or less of a coating, and current exemption language in NR 422.095. The
changes also avoid a conflict with NR 422.084 Plastic parts coating--
Part II exemption language.
     Revisions to NR 422.15(1)(am)(2) and NR 422.15(10) correct
previous rulemaking language to include the counties of Kewaunee,
Manitowoc, and Walworth in the Miscellaneous metal parts and products--
Part I rule.
     Revisions to NR 422.083(1)(a) (Note) and NR 422.083(1)(b)
(Note) remove two notes describing the maximum theoretical emission
calculation from the Plastic parts coating--Part I rule since the
information in the notes are provided elsewhere in Chapter NR 422.
     Revisions to NR 422.083(1)(a) and NR 422.083(1)(b) update
the types of VOC emissions that should be excluded from a source's
maximum theoretical emissions in section NR 422.083 Plastic parts
coatings--part I and update references to sections of Chapter NR 422.

F. Removal of Administrative Orders

    In 2020, EPA approved Administrative orders AM-20-01, AM-20-02, and
AM-20-03 to meet RACT requirements under CAA section 182(b)(2)(A) for
three sources of VOC emissions located in ozone nonattainment areas
classified as moderate for the 2008 ozone NAAQS. Specifically, the
administrative orders incorporate EPA's CTG for Miscellaneous Metal and
Plastic Parts Coatings. EPA is proposing to approve Wisconsin's request
for the removal of previously approved Administrative Orders AM-20-01,
AM-20-02, and AM-20-03 submitted in a letter from WDNR on August 10,
2022. When EPA approves this action, it concurrently removes these
three Administrative Orders from the Wisconsin SIP. As required under
section 110(l) of the CAA, Wisconsin certifies that the removal of
Administrative Orders AM-20-01, AM-20-02 and AM-20-03 will not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement
governing air pollution prevention and control in the CAA. Wisconsin's
Board Order AM-20-18 incorporating EPA's CTG for Miscellaneous Metal
and Plastic Parts Coatings effectively replaces the three
administrative orders. Additionally, AM-20-01 was issued to the
Insinkerator facility, which is no longer operational as of July 2021.

IV. What action is EPA taking?

    EPA is proposing to approve in the Wisconsin SIP additions,
corrections, and clarifications related to rules in WAC Chapters 400,
419, 421, 422, 423, 425, 439, and 484. These revisions are consistent
with the Miscellaneous Industrial Adhesives and Miscellaneous Metal and
Plastic Parts Coatings CTGs issued by EPA in 2008. These revisions are
approvable because they serve as SIP strengthening measures for
Wisconsin's VOC rules. Also, EPA is proposing to approve Wisconsin's
request for the removal of the previously approved Administrative
Orders AM-20-01, AM-20-02, and AM-20-03, submitted in a letter from
WDNR on August 10, 2022. When EPA approves this action, it concurrently
removes these three Administrative Orders from the Wisconsin SIP,
because the SIP revisions under Board Order AM-20-18

replace AM-20-01, AM-20-02, and AM-20-03.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Wisconsin Administrative Code rules NR 400, NR 419, NR 421,
NR 422, NR 423, NR 425, NR 439, and NR 484 as published in the
Wisconsin Register #797B on May 31, 2022, effective June 1, 2022,
discussed in section III of this preamble. EPA has made, and will
continue to make, these documents generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.

    Dated: January 24, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-01723 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Page 27076]
[FR Doc No: 2011-11312]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1971-DR; Docket ID FEMA-2011-0001]

Alabama; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for State of Alabama (FEMA-1971-DR), DATED April 28, 2011, and related
determinations.

DATES: Effective Date: April 30, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Michael F.
Byrne, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Joe M. Girot as Federal
Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

    May 3, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-11312 Filed 5-9-11; 8:45 am]
BILLING CODE 9111-23-P