[Federal Register: November 27, 2009 (Volume 74, Number 227)]
[Rules and Regulations]
[Page 62208-62211]
[DOCID:fr27no09-2]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1092; Directorate Identifier 2009-NM-219-AD;
Amendment 39-16068; AD 2009-24-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes; and Model A340-200 and -300 Series Airplanes

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

ACTION: Final rule; request for comments.

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

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

    An A330 operator experienced a low level of the Yellow hydraulic
circuit due to a loose[ning] of check valve part number (P/N)
CAR401. During the inspection on the other two hydraulic systems,
the other three CAR401 check valves were also found to be loose with
their lock wire broken in two instances.
    A340 aeroplanes are also equipped with the same high pressure
manifold check valves.
    Investigations are on-going to determine the root cause of this
event.
    Additional cases of CAR401 check valve loosening have been
experienced in service on aeroplanes having accumulated more than
1000 flight cycles (FC). The check valve fitted on the Yellow
hydraulic system is more affected, probably due to additional system
cycles induced by cargo door operation.
    The loss of torque due to pressure cycles could contribute to
check valve loosening, resulting in a leak and finally the loss of
the associated hydraulic system and, in the worst case, of the three
hydraulic systems of the aeroplane.
* * * * *

    The unsafe condition is the possible loss of all three hydraulic
systems, which could result in loss of control of the airplane. This AD
requires actions that are intended to address the unsafe condition
described in the MCAI.

DATES: This AD becomes effective December 14, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 14,
2009.
    We must receive comments on this AD by January 11, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Emergency Airworthiness Directive 2009-0223-E, dated October 13, 2009
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    An A330 operator experienced a low level of the Yellow hydraulic
circuit due to a loose[ning] of check valve part number (P/N)
CAR401. During the inspection on the other two hydraulic systems,
the other three CAR401 check valves were also found to be loose with
their lock wire broken in two instances.
    A340 aeroplanes are also equipped with the same high pressure
manifold check valves.
    Investigations are on-going to determine the root cause of this
event.
    Additional cases of CAR401 check valve loosening have been
experienced in service on aeroplanes having accumulated more than
1000 flight cycles (FC). The check valve fitted on the Yellow
hydraulic system is more affected, probably due to additional system
cycles induced by cargo door operation.
    The loss of torque due to pressure cycles could contribute to
check valve loosening, resulting in a leak and finally the loss of
the associated hydraulic system and, in the worst case, of the three
hydraulic systems of the aeroplane.
    This AD requires to perform the following inspection programme
to detect any check valve loosening and, if necessary, apply the
associated corrective actions:
    1st Step: On yellow and blue hydraulic circuits: lock wire
inspection, inspection for traces of seepage or black deposit, check
valve torque and red marking application.
    2nd Step: On green hydraulic circuit: same inspections as
required in 1st Step and on yellow and blue hydraulic circuits:
inspection of check valves for condition.
    Finally: On green, yellow and blue hydraulic circuits:
repetitive inspection of check valves for condition.

    The unsafe condition is the possible loss of all three hydraulic
systems, which could result in loss of control of the airplane. The
inspection program involves a detailed inspection of the lock wire for
presence and integrity, a detailed inspection for traces of seepage or
black deposits, an inspection for proper torque, and a detailed
inspection to determine alignment of the check valve and manifold. The
corrective actions include replacing seal assemblies, replacing the
check valve, removing the lock wire, and re-torquing the check valve.
The required actions also include installing a new lock wire. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telexes A330-29A3111 and A340-
29A4086, both Revision 1, both dated October 8, 2009. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between the AD and the MCAI or Service Information

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

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
compliance time defined in the MCAI is 28 days for initial inspection.
Loss of torque could lead to loosening of the check valve. Loosening of
the check valve can lead to a hydraulic leak with possible loss of the
associated hydraulic system, and in the case of the loss of all three
hydraulic systems of the airplane. Loss of a hydraulic system could
result in reduced controllability and increased workload for the
flightcrew. Loss of all three hydraulic systems could result in loss of
control of the airplane. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in less
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1092; Directorate
Identifier 2009-NM-219-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2009-24-09 AIRBUS: Amendment 39-16068. Docket No. FAA-2009-1092;
Directorate Identifier 2009-NM-219-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
series airplanes, all manufacturer serial numbers; and Model A340-
211, -212, -213, -311, -312, and -313 series airplanes, all
manufacturer serial numbers; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 29:
Hydraulic Power.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    An A330 operator experienced a low level of the Yellow hydraulic
circuit due to a loose[ning] of check valve part number (P/N)
CAR401. During the inspection on the other two hydraulic systems,
the other three CAR401 check valves were also found to be loose with
their lock wire broken in two instances.
    A340 aeroplanes are also equipped with the same high pressure
manifold check valves.

    Investigations are on-going to determine the root cause of this
event.
    Additional cases of CAR401 check valve loosening have been
experienced in service on aeroplanes having accumulated more than
1000 flight cycles (FC). The check valve fitted on the Yellow
hydraulic system is more affected, probably due to additional system
cycles induced by cargo door operation.
    The loss of torque due to pressure cycles could contribute to
check valve loosening, resulting in a leak and finally the loss of
the associated hydraulic system and, in the worst case, of the three
hydraulic systems of the aeroplane.
    This AD requires to perform the following inspection programme
to detect any check valve loosening and, if necessary, apply the
associated corrective actions:
    1st Step: On yellow and blue hydraulic circuits: lock wire
inspection, inspection for traces of seepage or black deposit, check
valve torque and red marking application.
    2nd Step: On green hydraulic circuit: same inspections as
required in 1st Step and on yellow and blue hydraulic circuits:
inspection of check valves for condition.
    Finally: On green, yellow and blue hydraulic circuits:
repetitive inspection of check valves for condition.
    The unsafe condition is the possible loss of all three hydraulic
systems, which could result in loss of control of the airplane. The
inspection program involves a detailed inspection of the lock wire
for presence and integrity, a detailed inspection for traces of
seepage or black deposits, an inspection for proper torque, and a
detailed inspection to determine alignment of the check valve and
manifold. The corrective actions include replacing seal assemblies,
replacing the check valve, removing the lock wire, and re-torquing
the check valve. The required actions also include installing a new
lock wire.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Do the actions required by paragraphs (g)(1) through (g)(3)
of this AD.
    (1) For airplanes that do not have Airbus Modification 54491
embodied in production, or Airbus Service Bulletin A330-29-3101 or
Airbus Service Bulletin A340-29-4078 embodied in service: Within 100
flight cycles or 28 days after the effective date of this AD,
whichever occurs first, inspect the check valves on the blue, green,
and yellow hydraulic systems to identify their P/Ns, in accordance
with the instructions of Airbus All Operators Telex (AOT) A330-
29A3111, Revision 1, dated October 8, 2009 (for Model A330-200 and -
300 series airplanes); or AOT A340-29A4086, Revision 1, dated
October 8, 2009 (for Model A340-200 and -300 series airplanes).
    (i) If check valves having P/N CAR401 are installed on all three
hydraulic systems, before further flight, do the actions specified
in paragraph (g)(2)(i) of this AD. After accomplishing the actions
required by paragraph (g)(2)(i) of this AD, do the actions specified
in paragraphs (g)(2)(ii) and (g)(2)(iii) of this AD at the
applicable compliance times specified in those paragraphs.
    (ii) If check valves having P/N CAR401 are not installed on all
three hydraulic systems, no further action is required until any
check valve having P/N CAR400 is replaced with a check valve having
P/N CAR401. If any check valve having P/N CAR400 is replaced by a
check valve having P/N CAR401, before further flight, do the
inspection specified in paragraph (g)(1) of this AD to determine if
all three hydraulic systems are equipped with check valve having P/N
CAR401.
    (2) For airplanes on which Airbus Modification 54491 was
embodied in production, or Airbus Service Bulletin A330-29-3101 or
Airbus Service Bulletin A340-29-4078 was embodied in service, do the
actions specified in paragraphs (g)(2)(i), (g)(2)(ii), and
(g)(2)(iii) of this AD.
    (i) Except as required by paragraph (g)(1)(i) of this AD, at the
applicable times specified in paragraphs (g)(2)(i)(A) and
(g)(2)(i)(B) of this AD, as applicable: Do the inspection program
(detailed inspection of the lock wire for presence and integrity, a
detailed inspection for traces of seepage or black deposits, and an
inspection for proper torque) on yellow and blue high pressure
manifolds, install new lock wires, and do all applicable corrective
actions, in accordance with the instructions of paragraph 4.1.1 of
Airbus AOT A330-29A3111, Revision 1, dated October 8, 2009 (for
Model A330-200 and -300 series airplanes); or AOT A340-29A4086,
Revision 1, dated October 8, 2009 (for Model A340-200 and -300
series airplanes). Do all applicable corrective actions before
further flight.
    (A) For airplanes on which Airbus Modification 54491 has been
embodied in production: At the later of the times specified in
paragraphs (g)(2)(i)(A)(1) and (g)(2)(i)(A)(2) of this AD.
    (1) Before the accumulation of 1,000 total flight cycles since
first flight but no earlier than the accumulation of 700 total
flight cycles since first flight.
    (2) Within 100 flight cycles or 28 days after the effective date
of this AD, whichever occurs first.
    (B) For airplanes on which Airbus Service Bulletin A330-29-3101
or A340-29-4078 was embodied in service: At the later of the times
specified in paragraphs (g)(2)(i)(B)(1) and (g)(2)(i)(B)(2) of this
AD.
    (1) Within 1,000 flight cycles since the embodiment of Airbus
Service Bulletin A330-29-3101 or A340-29-4078 but no earlier than
700 flight cycles after the embodiment of Airbus Service Bulletin
A330-29-3101 or A340-29-4078.
    (2) Within 100 flight cycles or 28 days after the effective date
of this AD, whichever occurs first.
    (ii) Within 900 flight hours after accomplishment of paragraph
(g)(2)(i) of this AD, do the inspection program (detailed inspection
of the lock wire for presence and integrity, a detailed inspection
for traces of seepage or black deposits, and an inspection for
proper torque) and install a new lock wire on the green high
pressure manifold; and do an inspection (detailed inspection for
traces of seepage or black deposits, and detailed inspection to
determine alignment of the check valve and manifold) on the yellow
and blue high pressure manifolds, and do all applicable corrective
actions; in accordance with the instructions of paragraph 4.1.2 of
Airbus AOT A330-29A3111, Revision 1, dated October 8, 2009 (for
Model A330-200 and -300 series airplanes); or AOT A340-29A4086,
Revision 1, dated October 8, 2009 (for Model A340-200 and -300
series airplanes). Do all applicable corrective actions before
further flight.
    (iii) Within 900 flight hours after accomplishment of paragraph
(g)(2)(ii) of this AD, and thereafter at intervals not to exceed 900
flight hours, do the inspection program (detailed inspection for
traces of seepage or black deposits, and detailed inspection to
determine alignment of the check valve and manifold) on the green,
yellow, and blue high pressure manifolds, and do all applicable
corrective actions, in accordance with the instructions of paragraph
4.1.3 of Airbus AOT A330-29A3111, Revision 1, dated October 8, 2009
(for Model A330-200 and -300 series airplanes); or AOT A340-29A4086,
Revision 1, dated October 8, 2009 (for Model A340-200 and -300
series airplanes). Do all applicable corrective actions before
further flight.
    (iv) Actions accomplished before the effective date of this AD,
according to Airbus AOT A330-29A3111, dated September 2, 2009 (for
Model A330-200 and -300 series airplanes); or AOT A340-29A4086,
dated September 2, 2009 (for Model A340-200 and -300 series
airplanes); are considered acceptable for compliance with the
corresponding actions specified in paragraph (g)(2)(i) of this AD.
    (3) Within 10 days after accomplishment of the inspections
specified in paragraphs (g)(1) and (g)(2) of this AD, or within 10
days after the effective date of this AD, whichever occurs later,
report all inspection results to Airbus in accordance with Airbus
AOT A330-29A3111, Revision 1, dated October 8, 2009 (for Model A330-
200 and -300 series airplanes); or AOT A340-29A4086, Revision 1,
dated October 8, 2009 (for Model A340-200 and -300 series
airplanes).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your

principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency Emergency
Airworthiness Directive 2009-0223-E, dated October 13, 2009; and
Airbus AOTs A330-29A3111 and A340-29A4086, both Revision 1, both
dated October 8, 2009; for related information.

Material Incorporated by Reference

    (j) You must use Airbus All Operators Telex A330-29A3111,
Revision 1, dated October 8, 2009; or Airbus All Operators Telex
A340-29A4086, Revision 1, dated October 8, 2009; as applicable; to
do the actions required by this AD, unless the AD specifies
otherwise. (Only the first page of these documents contains the
document number, revision level, and date; no other page of these
documents contain this information.)
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80, e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on November 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-28069 Filed 11-25-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Notices]
[Page 39677-39678]
[DOCID:fr13jy06-67]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-187-003]

Midwest Independent Transmission System Operator, Inc.; Notice of
Filing

June 27, 2006.
    Take notice that on June 23, 2006, the Midwest Independent
Transmission System Operator, Inc. tendered for filing an errata to its
May 8, 2006, and as supplemented on May 26, 2006 filing of Large
Generator Interconnection Agreement among Valley View Transmission,
LLC, the Midwest ISO, and Great River Energy.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed

docket(s). For assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 3, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-10985 Filed 7-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 11, 2009 (Volume 74, Number 111)]
[Rules and Regulations]
[Page 27718-27720]
[DOCID:fr11jn09-18]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-RO4-OAR-2008-0160; FRL-8912-4]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; State of Tennessee and Commonwealth of
Kentucky

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, notice of administrative change.

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

SUMMARY: EPA is notifying the public that it has received negative
declarations for Hospital/Medical/Infectious Waste Incinerator (HMIWI)
units from the State of Tennessee and the Commonwealth of Kentucky.
These negative declarations certify that HMIWI units subject to the
requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do
not exist in areas covered by the air pollution control programs of
Tennessee Division of Air Pollution Control and Kentucky Division for
Air Quality.

DATES: This final action is effective July 13, 2009 without further
notice.

ADDRESSES: Docket: All documents in the electronic docket are listed in
the www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is

restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Air Toxics Assessment
and Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Dr. Louis can also
be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Sections 111(d) and 129 of the CAA require
submittal of plans to control certain pollutants (designated
pollutants) at existing solid waste combustor facilities (designated
facilities) whenever standards of performance have been established
under section 111(d) for new sources of the same type, and EPA has
established emission guidelines for such existing sources. A designated
pollutant is any pollutant for which no air quality criteria have been
issued, and which is not included on a list published under section
108(a) or section 112(b)(1)(A) of the CAA, but emissions of which are
subject to a standard of performance for new stationary sources.
    Standards of performance for all existing HMIWI units (designated
facilities) constructed on or before June 20, 1996, have been
established by EPA, and emission guidelines for HMIWI units were
promulgated on September 15, 1997 (62 FR 48348). The emission
guidelines are codified at 40 CFR part 60, subpart Ce. Subpart B of 40
CFR part 60 establishes procedures to be followed and requirements to
be met in the development and submission of state plans for controlling
designated pollutants at designated facilities. Subpart A of 40 CFR
part 62 provides the procedural framework for the submission of these
plans. When designated facilities are located under the jurisdiction of
a state, or local agency, the state or local agency must then develop
and submit a plan for their respective jurisdiction for the control of
the designated pollutants. However, 40 CFR 62.06 provides that if there
are no existing sources of the designated pollutants within the state
or local agency's jurisdiction, the state or local agency may submit a
letter of certification to that effect or negative declaration, in lieu
of a plan. The negative declaration exempts the state or local agency
from the requirements to submit a plan for that designated pollutant.

Final Action

    The State of Tennessee and the Commonwealth of Kentucky have
determined there are no existing HMIWI units in their jurisdictions.
Consequently, the State of Tennessee and the Commonwealth of Kentucky
have submitted letters of negative declaration certifying this fact.
Pursuant to 40 CFR part 60, subpart Ce, EPA is providing the public
with notice of these negative declarations. Notice of these negative
declarations will appear at 40 CFR part 62.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely notifies the public of negative declarations for HMIWI units
received by EPA from state or local agencies. This action imposes no
requirements. Accordingly, the Administrator certifies that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action is only a notice and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
    This action also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely notifies the public of
EPA's receipt of negative declarations for HMIWI units from state or
local agencies and does not alter the distribution of power and
responsibilities established in the Clean Air Act. This action also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    With regard to negative declarations for HMIWI units received by
EPA from states or local agencies, EPA's role is only to notify the
public of the receipt of such negative declarations. In this context,
in the absence of a prior existing requirement for the State to use
voluntary consensus standards (VCS), EPA has no authority to approve or
disapprove a CAA section 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a CAA section 111(d)/129 plan submission, to use VCS in place
of a CAA section 111(d)/129 plan submission that otherwise satisfies
the provisions of the CAA. Thus, the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.SC. 3501 et seq).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This action is not a rulemaking, however, EPA will
submit a report containing this action and other required information
to the U.S. Senate, the U.S. House of Representatives, and the
Comptroller General of the United States prior to publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register.

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: April 10, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for Part 62 continues to read as follows:

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

Subpart S--[Kentucky]

0
2. Part 62 is amended by adding a new undesignated center heading to
subpart S and a new Sec.  62.4374 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--SECTION 111(d)/129 Plan

Sec.  62.4374  Identification of plan--negative declaration.

    Letter from Kentucky Division of Air Quality submitted on Dec. 1,
2000, certifying that there are no Hospital/Medical/Infectious Waste
Incinerator units subject to 40 CFR part 60, subpart Ce in its
jurisdiction.

Subpart RR--[Tennessee]

0
4. Part 62 is amended by adding a new undesignated center heading to
subpart RR and a new Sec.  62.10633 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--SECTION 111(d)/129 Plan

Sec.  62.10633  Identification of plan--negative declaration.

    Letter from Tennessee Division of Air Pollution Control submitted
on December 15, 2001, certifying that there are no Hospital/Medical/
Infectious Waste Incinerator units subject to 40 CFR parts 60, subpart
Ce in its jurisdiction.

[FR Doc. E9-13599 Filed 6-10-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Page 6951]
[FR Doc No: 2014-02600]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [79 FR 6244,
February 3, 2014].

STATUS: Open Meeting.

PLACE: 100 F Street NW., Washington, DC.

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: February 5, 2014 at 3:00
p.m.

CHANGE IN THE MEETING: Deletion of an Item.
    The following item will not be considered during the Commission's
Open Meeting on February 5, 2014 at 3:00 p.m.:

    The Commission will consider whether to adopt rules revising the
disclosure, reporting, and offering process for asset-backed
securities. The revisions would require asset-backed issuers to
provide enhanced disclosures including information for certain asset
classes about each asset in the underlying pool in a standardized,
tagged format and revise the shelf offering process and eligibility
criteria for asset-backed securities.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: February 3, 2014.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2014-02600 Filed 2-3-14; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Proposed Rules]
[Pages 60421-60423]
[FR Doc No: 2021-23710]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0822; Airspace Docket No. 21-AGL-1]
RIN 2120-AA66

Proposed Amendment of VOR Federal Airways V-214, V-285, and V-
305, and Revocation of V-96 in the Vicinity of Kokomo, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend VHF Omnidirectional Range (VOR)
Federal airways V-214, V-285, and V-305, and revoke V-96. The FAA is
proposing this action due to the planned decommissioning of the VOR
portion of the Kokomo, IN, VOR/Tactical Air Navigation (VORTAC)
navigational aid (NAVAID). The Kokomo VOR is being decommissioned in
support of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before December 17, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0822; Airspace Docket No. 21-AGL-1 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA JO 7400.11F is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the National Airspace System (NAS) as
necessary to preserve the safe and efficient flow of air traffic.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2021-0822; Airspace Docket No. 21-AGL-1) and be submitted in
triplicate to the Docket Management Facility (see the ADDRESSES section
for address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2021-0822; Airspace Docket No. 21-AGL-1.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of

the Operations Support Group, Central Service Center, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    The FAA is planning to decommission the Kokomo, IN, VOR in July
2022. The Kokomo VOR was one of the candidate VORs identified for
discontinuance by the FAA's VOR MON program and listed in the Final
policy statement notice, ``Provision of Navigation Services for the
Next Generation Air Transportation System (NextGen) Transition to
Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum
Operational Network),'' published in the Federal Register of July 26,
2016 (81 FR 48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Kokomo VORTAC is planned for
decommissioning, the co-located Distance Measuring Equipment (DME) is
being retained to support NextGen PBN flight procedure requirements.
    The VOR Federal airways affected by the Kokomo VOR decommissioning
are V-96, V-214, V-285, and V-305. With the planned decommissioning of
the Kokomo VOR, the remaining ground-based NAVAID coverage in the area
is insufficient to enable the continuity of the affected airways. As
such, proposed modifications to V-214, V-285, and V-305 would result in
the airways being shortened, as well as the proposed revocation of V-96
in its entirety. To overcome the proposed modifications and revocation
to the affected airways, instrument flight rules (IFR) traffic could
use portions of adjacent VOR Federal airways, including V-11, V-38, V-
51, V-55, V-97, V-192, V-210, V-340, and V-371, or receive air traffic
control (ATC) radar vectors to fly around or through the affected area.
Additionally, IFR pilots equipped with RNAV capabilities could also
navigate point to point using the existing fixes that would remain in
place to support continued operations through the affected area. Visual
flight rules (VFR) pilots who elect to navigate via the affected ATS
routes could also take advantage of the adjacent ATS routes or ATC
services listed previously.
    Prior to this NPRM, the FAA published a rule for Docket No. FAA-
2021-0086 in the Federal Register (86 FR 52961; September 24, 2021),
amending VOR Federal airway V-285 by removing the airway segment
between the White Cloud, MI, VOR/DME and the Traverse City, MI, VOR/
DME. That airway amendment, effective December 2, 2021, is included in
this NPRM.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend VOR
Federal airways V-214, V-285, and V-305, and to remove VOR Federal
airway V-96 due to the planned decommissioning of the Kokomo, IN, VOR.
The proposed VOR Federal airway actions are described below.
    V-96: V-96 currently extends between the Brickyard, IN, VORTAC and
the intersection of the Fort Wayne, IN, VORTAC 071[deg] and Flag City,
OH, VORTAC 289[deg] radials (TWERP fix). The FAA proposes to remove the
airway in its entirety.
    V-214: V-214 currently extends between the Kokomo, IN, VORTAC and
the Muncie, IN, VOR/Distance Measuring Equipment (VOR/DME); between the
intersection of the Appleton, OH, VORTAC 236[deg] and Zanesville, OH,
VOR/DME 274[deg] radials (GLOOM fix) and the Bellaire, OH, VOR/DME; and
between the Martinsburg, WV, VORTAC and the Teterboro, NJ, VOR/DME. The
FAA proposes to remove the airway segment between the Kokomo, IN,
VORTAC and the Muncie, IN, VOR/DME. The unaffected portions of the
existing airway would remain as charted.
    V-285: V-285 currently extends between the Brickyard, IN, VORTAC
and the White Cloud, MI, VOR/DME. The FAA proposes to remove the airway
segment between the Brickyard, IN, VORTAC and Goshen, IN, VORTAC. The
unaffected portions of the existing airway would remain as charted.
    V-305: V-305 currently extends between the El Dorado, AR, VOR/DME
and the Kokomo, IN, VORTAC. The FAA proposes to remove the airway
segment between the Brickyard, IN, VORTAC and Kokomo, IN, VORTAC. The
unaffected portions of the existing airway would remain as charted.
    All NAVAID radials listed in the VOR Federal airway descriptions
below are unchanged and stated in True degrees.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11F, dated August 10, 2021, and effective September 15, 2021,
which is incorporated by reference in 14 CFR 71.1. The VOR Federal
airways listed in this document would be published subsequently in FAA
JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and

effective September 15, 2021, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-96 [Removed]

* * * * *

V-214 [Amended]

    From INT Appleton, OH, 236[deg] and Zanesville, OH, 274[deg]
radials; Zanesville; to Bellaire, OH. From Martinsburg, WV; INT
Martinsburg 094[deg] and Baltimore, MD, 300[deg] radials; Baltimore;
INT Baltimore 093[deg] and Dupont, DE, 223[deg] radials; Dupont;
Yardley, PA; to Teterboro, NJ.
* * * * *

V-285 [Amended]

    From Goshen, IN; INT Goshen 038[deg] and Kalamazoo, MI, 191[deg]
radials; Kalamazoo; INT Kalamazoo 014[deg] and Victory, MI, 167[deg]
radials; Victory; to White Cloud, MI.
* * * * *

V-305 [Amended]

    From El Dorado, AR; Little Rock, AR; Walnut Ridge, AR; Malden,
MO; Cunningham, KY; Pocket City, IN; INT Pocket City 046[deg] and
Hoosier, IN, 205[deg] radials; Hoosier; INT Hoosier 025[deg] and
Brickyard, IN, 185[deg] radials; to Brickyard.
* * * * *

    Issued in Washington, DC, on October 26, 2021.
Michael R. Beckles,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-23710 Filed 11-1-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8779-8781]
[FR Doc No: 2021-02573]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0144; FRL-10016-16]

Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw its requests. If these
requests

are granted, any sale, distribution, or use of products listed in this
notice will be permitted after the registrations have been cancelled
only if such sale, distribution, or use is consistent with the terms as
described in the final order.

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

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2020-0144, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
    Mail: OPP Docket, Environmental Protection Agency Docket Center
(EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001.
    Submit written withdrawal request by mail: Christopher Green,
Registration Division (7502P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001.
    Hand Delivery: To make special arrangements for hand delivery or
delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7502P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides.

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

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

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain pesticide products. registered under FIFRA section 3
(7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). The affected products and
the registrants making the requests are identified in Tables 1-3 of
this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order in the Federal
Register canceling the affected registrations.

                      Table 1--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
         Registration No.                Company No.              Product name             Active ingredients
----------------------------------------------------------------------------------------------------------------
100-1117..........................  100..................  Touchdown Herbicide.......  Glyphosate.
100-1121..........................  100..................  Touchdown Pro Herbicide...  Glyphosate.
100-1122..........................  100..................  Touchdown Liquid            Glyphosate.
                                                            Concentrate.
100-1157..........................  100..................  Touchdown CF Herbicide....  Glycine, N-
                                                                                (phosphonomethyl)-,
                                                                                diammonium salt.
100-1179..........................  100..................  Touchdown Diquat Home and   Diquat dibromide &
                                                            Garden Concentrate.         Glyphosate.
100-1182..........................  100..................  Touchdown Hitech Herbicide  Glycine, N-
                                                                                (phosphonomethyl)-
                                                                                potassium salt.
100-1212..........................  100..................  Touchdown CT Herbicide....  Glycine, N-
                                                                                (phosphonomethyl)-
                                                                                potassium salt.
100-1362..........................  100..................  Refuge Herbicide..........  Glycine, N-
                                                                                (phosphonomethyl)-
                                                                                potassium salt.
----------------------------------------------------------------------------------------------------------------

    The registrant of the products listed in Table 1 of Unit II,
requested the effective date of the cancellations to be November 02,
2020.

                      Table 2--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
         Registration No.                Company No.              Product name             Active ingredients
----------------------------------------------------------------------------------------------------------------
241-343...........................  241..................  Tri-4 HF Herbicide........  Trifluralin.
7969-88...........................  7969.................  Poast Plus Herbicide......  Sethoxydim.
7969-194..........................  7969.................  Rezult Herbicide..........  Sethoxydim.
7969-277..........................  7969.................  BAS 800 02/03 Powered by    Saflufenacil.
                                                            Kixor Herbicide.
7969-294..........................  7969.................  Sethoxydim Manufacturer's   Sethoxydim.
                                                            Use Product.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all registrants of the products in Table1 and Table 2 of this unit, in
sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in Table 1
and Table 2 of this unit.

         Table 3--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
          EPA company No.                  Company name and address
------------------------------------------------------------------------
100................................  Syngenta Crop Protection, LLC, 410
                                      Swing Road, P.O. Box 18300,
                                      Greensboro, NC 27419-8300.
241................................  BASF Corporation, 26 Davis Drive,
                                      P.O. Box 13528, Research Triangle
                                      Park, NC 27709-3528.
7969...............................  BASF Corporation, Agricultural
                                      Products Division, 26 Davis Drive,
                                      P.O. Box 13528, Research Triangle
                                      Park, NC 27709-3528.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants listed in Table 3 of Unit II have not requested
that EPA waive the 180-day comment period. Accordingly, EPA will
provide a 180-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for product
cancellation should submit the withdrawal in writing to the person
listed under FOR FURTHER INFORMATION CONTACT. If the products have been
subject to a previous cancellation action, the effective date of
cancellation and all other provisions of any earlier cancellation
action are controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
    In any order issued in response to these requests for cancellation
of product registrations EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
listed in Table 1 and Table 2 of Unit II.
    For products 100-1117, 100-1121, 100-1122, 100-1157, 100-1179, 100-
1182, 100-1212, and 100-1362.
    For products 100-1117, 100-1121, 100-1122, 100-1157, 100-1179, 100-
1182, 100-1212, and 100-1362 listed in Table 1 of Unit II, the
registrant has requested the effective date of the cancellations to be
November 2, 2020; therefore, the registrant will be permitted to sell
and distribute existing stocks of this product until November 2, 2021.
Thereafter, the registrant will be prohibited from selling or
distributing the product in Table 1 of Unit II, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    For all other voluntary product cancellations, listed in Table 2 of
Unit II, the registrants will be permitted to sell and distribute
existing stocks of voluntarily canceled products for 1 year after the
effective date of the cancellation, which will be the date of
publication of the cancellation order in the Federal Register.
Thereafter, registrants will be prohibited from selling or distributing
the products identified in Table 2 of Unit II, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products until supplies are exhausted,
provided that such sale, distribution, or use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled products.

    Authority: 7 U.S.C. 136 et seq.

    Dated: November 23, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-02573 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50263-50267]
[FR Doc No: 2022-17241]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0621; FRL-9085-02-R6]

Air Plan Approval; Oklahoma; Updates to the General SIP and
Incorporation by Reference Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving identified portions
of two revisions to the Oklahoma State Implementation Plan (SIP)
submitted by the State of Oklahoma designee on May 15, 2020, and
February 9, 2021. This action addresses revisions to the Oklahoma SIP
pertaining to the general SIP definitions under Oklahoma

Administrative Code (OAC) Title 252, Chapter 100, Subchapter 1, Section
1-3, and revisions to the Oklahoma SIP to update the incorporation by
reference of Federal requirements under OAC Title 252, Chapter 100,
Subchapter 2, and Appendix Q.

DATES: This rule is effective on September 15, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2021-0621. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air
Permits Section,<PHONE_NUMBER>, [email protected]. Out of an abundance
of caution for members of the public and our staff, the EPA Region 6
office may be closed to the public to reduce the risk of transmitting
COVID-19. Please call or email the contact listed above if you need
alternative access to material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our
proposed rulemaking published on October 27, 2021 (86 FR 59333). In
that document we proposed to approve revisions to the Oklahoma SIP that
update the definitions relied on throughout the Oklahoma SIP and update
the incorporation by reference dates for Federal requirements. The
public comment period for the proposed action closed on November 26,
2021. We received one comment in support of our action. This supportive
comment, which is included in the publicly posted docket associated
with this action at https://www.regulations.gov, restated the purpose
of the EPA's proposed rulemaking and expressed support for our action.
Therefore, we are finalizing our action as proposed.

II. Impact on Areas of Indian Country

    As stated in the proposed action, following the U.S. Supreme Court
decision in McGirt v Oklahoma, 140 S.Ct. 2452 (2020), the Governor of
the State of Oklahoma requested approval under Section 10211(a) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act of
2005: A Legacy for Users, Public Law 109-59, 119 Stat. 1144, 1937
(August 10, 2005) (``SAFETEA''), to administer in certain areas of
Indian country (as defined at 18 U.S.C. 1151) the State's environmental
regulatory programs that were previously approved by the EPA outside of
Indian country.\1\ The State's request excluded certain areas of Indian
country further described below. In addition, the State only sought
approval to the extent that such approval is necessary for the State to
administer a program in light of Oklahoma Dept. of Environmental
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014).\2\
---------------------------------------------------------------------------

    \1\ A copy of the Governor's July 22, 2020, request can be found
in the docket for this rulemaking on the https://www.regulations.gov
website. See Document ID No. EPA-R06-OAR-2021-0621-0006.
    \2\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA, a
state has the authority to implement a SIP in non-reservation areas
of Indian country in the state, where there has been no
demonstration of tribal jurisdiction. Under the D.C. Circuit's
decision, the CAA does not provide authority to states to implement
SIPs in Indian reservations. ODEQ did not, however, substantively
address the separate authority in Indian country provided
specifically to Oklahoma under SAFETEA. That separate authority was
not invoked until the State submitted its request under SAFETEA, and
was not approved until EPA's decision, described in this section, on
October 1, 2020.
---------------------------------------------------------------------------

    On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to
administer all of the State's EPA-approved environmental regulatory
programs, including the Oklahoma SIP, in the requested areas of Indian
country.\3\ As requested by Oklahoma, the EPA's approval under SAFETEA
does not include Indian country lands, including rights-of-way running
through the same, that: (1) qualify as Indian allotments, the Indian
titles to which have not been extinguished, under 18 U.S.C. 1151(c);
(2) are held in trust by the United States on behalf of an individual
Indian or Tribe; or (3) are owned in fee by a Tribe, if the Tribe (a)
acquired that fee title to such land, or an area that included such
land, in accordance with a treaty with the United States to which such
Tribe was a party, and (b) never allotted the land to a member or
citizen of the Tribe (collectively ``excluded Indian country lands'').
---------------------------------------------------------------------------

    \3\ A copy of EPA's October 1, 2020, approval can be found in
the docket for this rulemaking on the https://www.regulations.gov
website. See Document ID No. EPA-R06-OAR-2021-0621-0007.
---------------------------------------------------------------------------

    The EPA's approval under SAFETEA expressly provided that to the
extent the EPA's prior approvals of Oklahoma's environmental programs
excluded Indian country, any such exclusions are superseded for the
geographic areas of Indian country covered by the EPA's approval of
Oklahoma's SAFETEA request.\4\ The approval also provided that future
revisions or amendments to Oklahoma's approved environmental regulatory
programs would extend to the covered areas of Indian country (without
any further need for additional requests under SAFETEA).\5\
---------------------------------------------------------------------------

    \4\ The EPA's prior approvals relating to Oklahoma's SIP
frequently noted that the SIP was not approved to apply in areas of
Indian country (consistent with the D.C. Circuit's decision in ODEQ
v. EPA) located in the state. See, e.g., 85 FR 20178, 20180 (April
10, 2020). Such prior expressed limitations are superseded by the
EPA's approval of Oklahoma's SAFETEA request.
    \5\ On December 22, 2021, the EPA proposed to withdraw and
reconsider the October 1, 2020, SAFETEA approval. See https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information. The EPA expects to have further discussions
with tribal governments and the State of Oklahoma as part of this
reconsideration. The EPA also notes that the October 1, 2020,
approval is the subject of a pending challenge in Federal court.
Pawnee Nation of Oklahoma v Regan, No. 20-9635 (10th Cir.). The EPA
may make further changes to the approval of Oklahoma's program to
reflect the outcome of the proposed withdrawal and reconsideration
of the October 1, 2020, SAFETEA approval.
---------------------------------------------------------------------------

    As explained above, the EPA is approving revisions to the general
definitions used in the Oklahoma SIP as well as updates to the
incorporation by reference provisions to maintain consistency with
Federal requirements, which will apply statewide in Oklahoma.
Consistent with the D.C. Circuit's decision in ODEQ v. EPA and with the
EPA's October 1, 2020, SAFETEA approval, these SIP revisions will apply
to all Indian country within the State of Oklahoma, other than the
excluded Indian country lands. Because--per the State's request under
SAFETEA--the EPA's October 1, 2020 approval does not displace any SIP
authority previously exercised by the State under the CAA as
interpreted in ODEQ v. EPA, the SIP will also apply to any Indian
allotments or dependent Indian communities located outside of an Indian
reservation over which there has been no demonstration of tribal
authority.

III. Final Action

    We are approving, under section 110 of the CAA, revisions to the
Oklahoma SIP that update the definitions relied on throughout the SIP
and update the incorporation by reference dates for Federal
requirements. We have determined that the revisions submitted on May
15, 2020, and February 9, 2021, were developed in accordance with the
CAA and the EPA's regulations, policy and guidance for SIP development.

    The EPA is approving the following revisions to the Oklahoma SIP
adopted on May 28, 2019, effective September 15, 2019, and submitted to
the EPA on May 15, 2020:
     Revisions to OAC 252:100-2-3, Incorporation by Reference;
     Repeal of OAC 252:100, Appendix Q; and
     Adoption of new OAC 252:100, Appendix Q.
    The EPA is approving the following revisions to the Oklahoma SIP
adopted on June 25, 2020, effective September 15, 2020, and submitted
to the EPA on February 9, 2021:
     Revisions to OAC 252:100-1-3, Definitions;
     Revisions to OAC 252:100-2-3, Incorporation by Reference;
     Repeal of OAC 252:100, Appendix Q; and
     Adoption of new OAC 252:100, Appendix Q.

IV. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \6\ The EPA is
providing additional analysis of environmental justice associated with
this action for the purpose of providing information to the public and
not as a basis of our final action.
---------------------------------------------------------------------------

    \6\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------

    The EPA conducted an EJScreen analysis for census block groups
within the State of Oklahoma. The complete report is available in the
docket for this action. We reviewed census block group data for the
entire state to identify counties that contained census block groups
over the 80th percentile for any EJ Index. From this statewide
analysis, we identified 11 counties within the state that have census
block groups with EJScreen Indexes over the 80th percentile that were
targeted for further review using EJScreen 2.0. Of the 11 identified
counties, 1 county has census block groups that exceed the 80th
percentile in the state for the EJ Index for particulate patter
PM2.5, 2 counties have census block groups that exceed the
80th percentile in the state for the EJ Index for ozone, 1 county has
census block groups that exceed the 80th percentile in the state for
the EJ Index for 2017 Diesel Particulate Matter, 1 county has census
block groups that exceed the 80th percentile in the state for the EJ
Index for 2017 air toxics cancer risk, 1 county has census block groups
that exceed the 80th percentile in the state for the EJ Index for 2017
air toxics respiratory HI, 5 counties have census block groups that
exceed the 80th percentile in the state for the EJ Index for traffic
proximity, 4 counties have census block groups that exceed the 80th
percentile in the state for the EJ Index for lead paint, 5 counties
have census block groups that exceed the 80th percentile in the state
for the EJ Index for RMP facility proximity, 6 counties have census
block groups that exceed the 80th percentile in the state for the EJ
Index for hazardous waste proximity, 7 counties have census block
groups that exceed the 80th percentile in the state for the EJ Index
for underground storage tanks, and 4 counties contain census block
groups that exceed the 80th percentile in the state for the EJ Index
for wastewater discharge.
    The EPA also reviewed demographic data, which provides an
assessment of individual demographic groups of the populations living
within Oklahoma.\7\ The EPA then compared the data to the national
average for each of the demographic groups. The results of the
demographic analysis indicate that, for populations within Oklahoma,
the percent people of color (persons who reported their race as a
category other than White alone (not Hispanic or Latino)) is less than
the national average (35 percent versus 40 percent). Within people of
color, the percent of the population that is Black or African American
alone is lower than the national average (7.8 percent versus 13.4
percent) and the percent of the population that is American Indian/
Alaska Native is significantly higher than the national average (9.4
percent versus 1.3 percent). The percent of the population that is Two
or More races is higher than the national averages (6.3 percent versus
2.8 percent). The percent of people living below the poverty level in
Oklahoma is higher than the national average (14.3 percent versus 11.4
percent). The percent of people over 25 with a high school diploma in
Oklahoma is similar to the national average (88.6 percent versus 88.5
percent), while the percent with a Bachelor's degree or higher is below
the national average (26.1 percent versus 32.9 percent). These
populations and others residing in Oklahoma may be vulnerable and
subject to disproportionate impacts within the meaning of the Executive
orders described above.
---------------------------------------------------------------------------

    \7\ See the United States Census Bureau's QuickFacts on Oklahoma
at https://www.census.gov/quickfacts/fact/table/OK,US/PST045221.
_____________________________________-

    This final rule approves revisions to the general definitions
germane to the Oklahoma SIP and updates to the incorporation by
reference provisions to maintain consistency with Federal requirements.
Final approval of these revisions to the implementing definitions of
the Oklahoma SIP and incorporation of current Federal requirements will
continue to enable the State of Oklahoma to implement control
strategies and permitting programs that will achieve emissions
reductions and contribute to reduced environmental and health impacts
on those residing, working, attending school, or otherwise present in
vulnerable communities in Oklahoma. This final rule is not anticipated
to have disproportionately high or adverse human health or
environmental effects on communities with environmental justice
concerns because it should not result in or contribute to emissions
increases in Oklahoma.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Oklahoma regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are

fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated in the next update to the SIP compilation.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of 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).
    This action to approve revisions to the Oklahoma SIP that update
the definitions relied on throughout the SIP and update the
incorporation by reference dates for Federal requirements will apply to
certain areas of Indian country as discussed in the preamble, and
therefore has tribal implications as specified in E.O. 13175 (65 FR
67429, November 9, 2000). However, this action will neither impose
substantial direct compliance costs on federally recognized tribal
governments, nor preempt tribal law. This action will not impose
substantial direct compliance costs on federally recognized tribal
governments because no actions will be required of tribal governments.
This action will also not preempt tribal law as no Oklahoma tribe
implements a regulatory program under the CAA, and thus does not have
applicable or related tribal laws. Consistent with the EPA Policy on
Consultation and Coordination with Indian Tribes (May 4, 2011), the EPA
offered consultation (by letter dated October 15, 2021) on our proposed
rulemaking to tribal governments that may be affected by this action.
We received no requests for tribal consultation.
    This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 17, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 5, 2022.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart LL--Oklahoma

0
2. In Sec.  52.1920, in paragraph (c), the table titled ``EPA Approved
Oklahoma Regulations'' is amended by revising the entries for
``252:100-1-3'', ``252:100-2-3'', and ``252:100, Appendix Q'' to read
as follows:

Sec.  52.1920  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation              Title/subject     effective date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100-1-3...................  Definitions.........       9/15/2020  8/16/2022, [Insert
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 2. Incorporation by Reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100-2-3...................  Incorporation by           9/15/2020  8/16/2022, [Insert
                                 reference.                            Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100, Appendix Q...........  Incorporation by           9/15/2020  8/16/2022, [Insert    SIP only includes
                                 reference.                            Federal Register      specified portions
                                                                       citation].            of 40 CFR parts 50,
                                                                                51, and 98, as
                                                                                referenced in
                                                                                252:100, Appendix
                                                                                Q.

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

* * * * *
[FR Doc. 2022-17241 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P