 Attachment to the Amendment to the Metaldehyde RED

Requirements for Call Centers Identified on Metaldehyde Product Labels

The Agency’s has several objectives for the metaldehyde poisoning
hotlines:

1.  To provide callers  with prompt, helpful, and appropriate
information for responding to human or domestic animal poisoning
incidents in order to minimize the adverse effects of exposure.  These
calls may come from the general public or from health or veterinary care
providers.

Callers from the general public will be advised to contact and go to a
doctor, emergency room, veterinarian, or veterinary emergency room, as
appropriate.   If a health or veterinary care provider is not available
or if the caller indicates that he or she will not take the affected
individual or animal to a provider, the caller should be referred to an
entity qualified to provide emergency care information (such as a local
poison control center or the Animal Poison Control Center), as needed.

2.  To collect information on these poisoning incidents, in a manner
consistent with the process outlined in this attachment, so that
statistics on incidents are comparable and can be compiled with those
reported by other metaldehyde poisoning hotline services.

3.   To respond to callers who are not reporting a pesticide poisoning
emergency with the information they seek or to refer them to entities
that can do so.  Examples of inquiries that might be expected include
requests for interpreting label directions, for information on how long
after a metaldehyde is applied pets can be allowed to return to the
treated area, and for information on how to remediate treated areas so
that the hazard to potentially exposed animals is minimized.  NPIC is
one source for such information.

Process for Handling Hotline Calls

In order to address these objectives, the Agency is requiring that the
poisoning reports required to be submitted by the registrant come from
call centers using a protocol substantially similar to the one used by
NPIC and the certified poison control centers.  The required elements of
this protocol are listed below.  They cover both the disposition of the
call by the call center and data collection from the caller.

Disposition

1.	Each call must be assigned a unique identifier (ex., log or case
number).  The date and time of call must be recorded.

2.	If the call is about an exposure to a person or domestic animal via
ingestion, the call center must advise the caller that such exposures
can be quite serious, and strongly encourage the caller to take the
exposed individual or animal to a hospital emergency room or medical or
veterinary care clinic as soon as possible.

3.	If the call center believes that such a caller does not have access
to a hospital emergency room or medical or veterinary care clinic, or
believes that the caller should utilize such a service but will not do
so, the caller should be transferred or referred to the Animal Poison
Control Center or a certified Poison Control Center as he or she allows.

4.	As part of the record of the call, the call center must include
information on how the call was handled (answered questions directly,
advised medical care, referred elsewhere, etc.).

Data collection

The technician or operator from the hotline service must attempt to get
information from the caller and record responses for the following
prompts and questions:

(Note:  People calling about situations they consider to be emergencies
may not wish to stay on the phone for very long.  Assume the caller is
willing to give no more than 3-5 minutes for answering these questions.)

1.	Product of concern (Registration Number and/or Product Name, if
possible)

2	Is the caller a member of the general public, a veterinary care
provider, or other?

3.	Formulation of metaldehyde product of concern (ex., liquid, granular,
dust)

4.	Where did the application or exposure take place (State, county,
city)?

5.	In what area did the application or exposure occur (ex., yard, park,
storage shed)?

6.	Type of Question (ex., seeking treatment advice, remediation of
treated area)

If the call relates to a possible exposure, the caller should be asked:

7.	What are the exposed individual’s age, weight, and gender? OR

	What are the exposed animal’s species and breed, age, weight, and
gender?

8.	What was the likely route of exposure (ex., oral, inhalation, dermal,
ocular)?

9.	What symptoms have been observed?

10.	When did the exposure occur?

11.	How long did animal have access to the treated area or material in
question? OR	How much was person exposed to?

12.	How long after the exposure did symptoms develop (if known)?

13.	How was the pesticide of concern applied?  How much was applied? OR

	How was the individual or animal otherwise exposed (ex., torn bag)?

14.	If an animal was exposed via an open or torn bag, where was that bag
located at

	the time of the exposure (ex., garage floor, unlocked shed, high or low
shelf)?

Any additional narrative explanation of the incident provided by caller
should be recorded as it may be informative.

 PAGE

 PAGE   2


[Federal Register: March 20, 2009 (Volume 74, Number 53)]
[Rules and Regulations]
[Page 11851-11858]
[DOCID:fr20mr09-7]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0026; FRL-8780-5]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to Permits by Rule and Regulations for Control of Air
Pollution by Permits for New Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking a direct final action to approve portions of
three revisions to the Texas State Implementation Plan (SIP) submitted
by the State of Texas on July 22, 1998, October 4, 2002, and September
25, 2003; these revisions amend existing sections and create new
sections in Title 30 of the Texas Administrative Code (TAC), Chapter
106--Permits by Rule and Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification. The July 22, 1998,
revision repeals and replaces the Renewal Application Fees section with
a new section. The October 4, 2002, revision increases the
determination of fees for NSR permits, corrects addresses, and makes
other administrative changes. The September 25, 2003, revision
clarifies that an emission reduction credit must be certified and
banked to be creditable as an offset in the NSR permitting program,
repeals and replaces the section that addresses the use of emission
reductions as offsets for NSR permitting and the definition of ``offset
ratio,'' and makes administrative changes. EPA has determined that
these SIP revisions comply with the Clean Air Act and EPA regulations,
are consistent with EPA policies, and will improve air quality. This
action is being taken under section 110 and parts C and D of the
Federal Clean Air Act (the Act or CAA).

DATES: This direct final rule is effective on May 19, 2009 without
further notice, unless EPA receives relevant adverse comment by April
20, 2009. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2005-TX-0026, by one of the following methods:
    (1) http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    (2) E-mail: Mr. Jeff Robinson at<EMAIL_ADDRESS>Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
    (3) U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
    (4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number<PHONE_NUMBER>.
    (5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
    (6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-TX-0026. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail, if you believe that it is
CBI or otherwise protected from disclosure. The http://
www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
    The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Melanie Magee (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone
number is<PHONE_NUMBER>. Ms. Magee can also be reached via electronic
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Action Is EPA Taking?

II. What Did Texas Submit?
III. What Is EPA's Evaluation of These SIP Revisions?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are taking direct final action to approve portions of three
revisions to the Texas SIP submitted on July 22, 1998, October 4, 2002,
and September 25, 2003. The July 22, 1998 SIP submittal repeals the
existing SIP-approved rule addressing fees for permit renewal
applications and replaces it with a new rule establishing a fee
schedule for permit renewals under 30 TAC Chapter 116 based on the
total annual allowable emissions from the permitted facility. The
October 4, 2002, SIP submittal establishes the registration fee
requirements for Permits by Rule under 30 TAC Chapter 106, and revises
the air emission fee requirements found in 30 TAC Chapter 116 by
increasing fees based on estimated capital costs for new and renewal
permits and updating remittance information for the Texas Commission on
Environmental Quality (TCEQ). The September 25, 2003, SIP revision
updates the requirements for emission reductions to be used as NSR
offsets, removes an expired provision for the Houston/Galveston and
Beaumont/Port Arthur ozone nonattainment areas, and corrects errors in
the TCEQ's mailing address used for air permit fee remittance. We are
approving the repeal and replacement of section 116.313 submitted on
July 22, 1998. We are approving new section 106.50 submitted on October
4, 2002, as well as revisions to sections 116.141(b) and (e), 116.143
Introductory Paragraph, 116.163(a) and (b), 116.313(a) and (b), and
116.614. We are approving revisions to sections 116.12, 116.143,
116.150, and 116.313, and the repeal and replacement of section 116.170
and new section 116.172 submitted on September 25, 2003.
    We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 19, 2009
without further notice unless we receive relevant adverse comment by
April 20, 2009. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

II. What Did Texas Submit?

    We are approving provisions from three SIP revisions that the TCEQ
submitted to EPA on July 22, 1998, October 4, 2002, and September 25,
2003. Copies of the revised rules as well as the Technical Support
Documents (TSDs) can be obtained from the Docket, as discussed in the
``Docket'' section above. A discussion of the specific Texas rule
changes that we are approving is included in the TSDs and summarized
below. The TSDs also contain a discussion as to why EPA is not taking
action on certain provisions of each Texas SIP submittal and documents
why these provisions are separable from the provisions that we are
approving. We are unable to act upon revisions to 30 TAC Chapter 101,
sections 101.24 and 101.27 for air emission and inspection fees
submitted on October 4, 2002, because previous revisions are still
pending for review by EPA. We are also unable to act upon the flexible
permit fee requirements at 30 TAC Chapter 116, section 116.750
submitted on October 4, 2002, because EPA has not yet approved the
flexible permit program. Additionally, we are unable to act upon
revisions to 30 TAC Chapter 116, sections 116.114, 116.115, 116.120,
116.315, and 116.715, submitted on September 25, 2003, because these
sections reference or rely upon non-SIP approved State regulations. EPA
will address these provisions, as appropriate, in separate actions.

A. July 22, 1998 Submittal

Section 116.313--Renewal Application Fees
    The existing SIP-approved version of section 116.313 was adopted by
the State on August 16, 1993, and approved by EPA on March 10, 2006
(see 71 FR 12285). The State repealed and replaced the 1993 version of
section 116.313 with a similar program for assessing permit renewal
application fees on July 22, 1998. The 1998 version of new section
116.313 establishes a fee schedule for permit renewals under 30 TAC
Chapter 116 based on the total annual allowable emissions from the
permitted facility.

B. October 4, 2002 Submittal

1. Section 106.50--Registration Fees for Permits by Rule
    The TCEQ adopted new section 106.50 to establish the registration
fees for permits by rule (PBR) issued under 30 TAC Chapter 106. These
registration fees cover the review and processing costs for the PBR
program. New section 106.50 specifies that PBR registration will be
$100 for small businesses and municipalities, counties, and independent
school districts; all other entities submitting PBR registration will
pay $450.
2. Section 116.141--Determination of Fees
    The previous State version of section 116.141(a) through (e), which
is the existing SIP-approved version (see 67 FR 58697, September 18,
2002), established a fee schedule for NSR permits based on the
estimated capital cost of the project. The revisions to section
116.141(b) and (e) adopted by the TCEQ on September 25, 2002, increased
the fee from $450 to $900 for projects where the estimated capital cost
is less than $300,000 or the project consists of new facilities
controlled and operated directly by the federal government and federal
Prevention of Significant Deterioration (PSD) regulations do not apply.
For projects where the estimated capital cost is greater than $300,000
and PSD regulations do not apply, the fee was increased from 0.15% to
0.30% of the estimated capital cost. Additionally, the September 25,
2002 adoption increased the fee from $450 to $900 for a permit or
permit amendment not involving any capital expenditure.
3. Section 116.143--Payment of Fees
    The previous State version of section 116.143, Introductory
Paragraph (1) and (2), which is the existing SIP-approved version (see
67 FR 58697, September 18, 2002), established the methods by which the
permit fees were to be submitted to the Texas Natural Resource
Conservation Commission (TNRCC).\1\ The revisions to section 116.143,
Introductory Paragraph, adopted by the TCEQ on September 25, 2002
replaced the references to the TNRCC with updated references to the
TCEQ, corrected the address for fee remittance, and provided additional
payment

options through certified check and electronic funds transfer.
---------------------------------------------------------------------------

    \1\ The TNRCC was changed to the TCEQ, effective September 1,
2002.
---------------------------------------------------------------------------

4. Section 116.163--Prevention of Significant Deterioration Permit Fees
    The previous State version of section 116.163, which is the
existing SIP-approved version (see 62 FR 44083, August 19, 1997),
established a fee schedule for PSD permits based on the estimated
capital cost of the project. The revisions to section 116.163(a) and
(b) adopted by the TCEQ on September 25, 2002, increased the fee from
$1,500 to $3,000 for projects where the estimated capital cost is less
than $300,000 or the project consists of new facilities controlled and
operated directly by the federal government for which an application is
submitted after January 1, 1987, and Federal PSD regulations do apply.
For projects where the estimated capital cost is greater than $300,000
and PSD regulations do apply, the fee was increased from 0.5% to 1.0%
of the estimated capital cost.
5. Section 116.313--Renewal Application Fees
    The revisions to section 116.313(a) and (b) adopted by the TCEQ on
September 25, 2002, increased the base and incremental fees in the
permit renewal fee calculation and increased the minimum permit renewal
fee from $300 to $600. The revision to section (a) Renewal Fee Table
increases the base fee from $965 to $1,265 and $28 per ton for
allowable tons per year greater than 24 but less than or equal to 99.
Further, the revision to section (a) decreases the total allowable tons
per year from 994 to 651. It also increases the base fee from $2,840 to
$3,365 and increases the incremental fee from $8 per ton to $12 per
ton. Additionally, the September 25, 2002 revisions replaced the
references to the TNRCC with updated references to the TCEQ, corrected
the address for fee remittance, and provided additional payment options
through certified check and electronic funds transfer.
6. Section 116.614--Standard Permit Fees
    The previous State version of section 116.614, which is the
existing SIP-approved version (see 68 FR 64543, November 14, 2003),
established the methods by which the permit fees for standard permits
were to be submitted to the TNRCC. The revisions to section 116.614
adopted by the TCEQ on September 25, 2002 replaced the references to
the TNRCC with updated references to the TCEQ, corrected the address
for fee remittance, and provided additional payment options through
certified check and electronic funds transfer.

C. September 25, 2003 Submittal

1. Section 116.12--Nonattainment Review Definitions
    The previous State version of this section, which is the existing
SIP-approved version (see 69 FR 43572, July 22, 2004), established the
definitions to be used in the NSR permitting program. The revisions to
the introductory paragraph, and paragraphs (7)-(11), (13), and (18) of
section 116.12 adopted by the TCEQ on August 20, 2003, include minor
corrections to abbreviations, rule citations, and acronyms. In
116.12(14) the definition of ``offset ratio'' is amended to clarify
that a reduction creditable as an offset in the NSR permitting program
must be certified and banked as either an emission reduction credit
under 30 TAC Chapter 101, Subchapter H, Division 1 (approved at 71 FR
52698, September 6, 2006) or as a discrete emission reduction credit
under 30 TAC Chapter 101, Subchapter H, Division 4 (approved at 71 FR
52703, September 6, 2006).
2. Section 116.143--Payment of Fees
    The revisions to section 116.143, Introductory Paragraph and (2),
adopted by the TCEQ on August 20, 2003, further revise the revisions
adopted by the TCEQ on September 25, 2002. The 2003 revision to the
introductory paragraph updates the mailing address for the TCEQ. The
revisions to (2) update the existing language by explaining when the
fee is due and stating the review of the permit application will not
begin until the fee is received.
3. Section 116.150--New Major Source or Major Modification in Ozone
Nonattainment Areas
    The previous State version of section 116.150, which is the
existing SIP-approved version (see 65 FR 43986, July 17, 2000),
established requirements for new major sources and major modifications
in ozone nonattainment areas, including the nitrogen oxide
(NOX) waiver provisions at 116.150(c) for the Houston/
Galveston\2\ and Beaumont/Port Arthur ozone nonattainment areas. The
revisions to section 116.150 adopted by the TCEQ on August 20, 2003,
remove the NOX waiver provisions at 116.150(c). These
provisions were removed because the time period specified for the
NOX waiver has expired.
---------------------------------------------------------------------------

    \2\ Note that in 1999 when the NOX waiver was put in
place, the Houston/Galveston/Brazoria ozone nonattainment area was
designated the Houston/Galveston ozone nonattainment area.
---------------------------------------------------------------------------

4. Section 116.170--Applicability of Emission Reductions as Offsets
    The previous State version of section 116.170, which is the
existing SIP-approved version (see 67 FR 58697), was repealed and
replaced by the TCEQ on August 20, 2003. The new section 116.170
establishes the requirements for the use of emission reductions as
offsets for NSR permitting; consistent with the revisions to the
definition of ``offset ratio'' reductions to be used as NSR offsets
must be certified and banked under 30 TAC Chapter 101, Subchapter H,
Divisions 1 or 4. The previous requirements for emissions offsets from
rocket engine firing and cleaning have been moved to new section
116.172.
5. Section 116.172--Emissions Offsets From Rocket Engine Firing and
Cleaning
    The TCEQ adopted new section 116.172 on August 20, 2003. This new
section contains the conditions under which emissions from rocket
engine firing or cleaning may be offset by alternative means. The
requirements for rocket engine firing and cleaning were moved without
changes from section 116.170 as a result of the repeal and replacement
of section 116.170, to new section 116.172.
6. Section 116.313--Renewal Application Fees
    The revisions to section 116.313(b) adopted by the TCEQ on August
20, 2003, further revise the revisions adopted by the TCEQ on September
25, 2002. The 2003 revision to subsection (b) updates the mailing
address for the TCEQ.

III. What Is EPA's Evaluation of These SIP Revisions?

A. July 22, 1998 Submittal

    The July 22, 1998 submittal (adopted June 17, 1998), which repealed
the SIP-approved section 116.313 and replaced it with a new section
116.313 is approvable. The new section 116.313 is necessary to
adequately implement the Chapter 116 permitting program for new
construction and modifications. The provisions found at section 116.313
are consistent with the fee assessment provisions of 110(a)(2)(L) of
the CAA. The new section 116.313 did not increase the fee assessment
established in the previously SIP-approved version of section 116.313.
New section 116.313 rearranged previous requirements and updated
mailing and billing information

from the Texas Air Control Board \3\ to the Texas Natural Resource
Conservation Commission.
---------------------------------------------------------------------------

    \3\ In 1993, the Texas Air Control Board merged with the Texas
Water Commission and the combined agency was renamed the Texas
Natural Resource Conservation Commission.
---------------------------------------------------------------------------

B. October 4, 2002 Submittal

1. Section 106.50--Registration Fees for New Permits by Rule
    New section 106.50 adopted by the TCEQ on September 25, 2002, is
approvable. The fees assessed by the TCEQ under section 106.50 are
necessary to adequately implement the Chapter 106 PBR program. These
requirements are consistent with 110(a)(2)(L) of the CAA. TCEQ made a
sufficient demonstration that these fees are necessary to cover the
cost of review and processing of PBRs.
2. Section 116.141--Determination of Fees
    EPA approved section 116.141(a) and (c) through (e), on August 19,
1997 (62 FR 44083) into the Texas SIP. EPA approved section 116.141(b)
into the Texas SIP on September 18, 2002 (67 FR 58709). The revisions
to 116.141(b) and (e) adopted by the TCEQ on September 25, 2002, are
approvable. The fees assessed by the TCEQ under section 116.141 are
necessary to adequately implement the Chapter 116 permitting program
for new construction and modifications. These revisions are consistent
with 110(a)(2)(L) of the CAA. TCEQ made a sufficient demonstration that
these fee increases are necessary to cover the cost of review and
processing of NSR permits.
3. Section 116.143--Payment of Fees
    On September 18, 2002, EPA approved section 116.143, Introductory
Paragraph and (1) and (2) into the Texas SIP (67 FR 58709). The
revisions to section 116.143, Introductory Paragraph, adopted by the
TCEQ on September 25, 2002, are approvable. The revisions to section
116.143 are non-substantive changes; updating the name and address of
the TCEQ (formerly the TNRCC) and allowing for additional payment
methods. These revisions do not impact the functionality of the air
permits for new construction or modification program.
4. Section 116.163--Prevention of Significant Deterioration Permit Fees
    EPA approved section 116.163(a) through (e) into the Texas SIP on
August 19, 1997 (62 FR 44083). The revisions to 116.163(a) and (b)
adopted by the TCEQ on September 25, 2002, are approvable. The fees
assessed by the TCEQ under section 116.163 are necessary to adequately
implement the Chapter 116 permitting program for new construction and
modifications. These revisions are consistent with 110(a)(2)(L) of the
CAA. TCEQ made a sufficient demonstration that these fee increases are
necessary to cover the cost of review and processing of PSD permits.
5. Section 116.313--Permit Renewal Fees
    On March 10, 2006, EPA approved section 116.313 into the Texas SIP
as adopted by the TCEQ on August 16, 1993 (71 FR 12285). TCEQ repealed
and replaced section 116.313 on June 17, 1998 with a new section
116.313. Section 116.313(a) and (b) was further revised on September
25, 2002. The new section 116.313 adopted by the TCEQ on June 17, 1998,
and further revised on September 25, 2002, is approvable. Section
116.313 and the subsequent revisions are necessary to adequately
implement the Chapter 116 permitting program for new construction and
modifications. These revisions are consistent with the fee assessment
provisions of 110(a)(2)(L) of the CAA. TCEQ made a sufficient
demonstration that these fee increases are necessary to cover the cost
of review and processing of PSD permits. Additionally, the non-
substantive changes; updating the name and address of the TCEQ and
allowing for additional payment methods, do not impact the
functionality of the air permits for new construction or modification
program.
6. Section 116.614--Standard Permit Fees
    EPA previously approved section 116.614 into the Texas SIP on
November 14, 2003 (68 FR 64548). The revisions to section 116.614
adopted by the TCEQ on September 25, 2002, are approvable. The
revisions to section 116.614 are non-substantive changes; updating the
name and address of the TCEQ and allowing for additional payment
methods. These revisions do not impact the functionality of the air
permits for new construction or modification program.

C. September 25, 2003 Submittal

1. Section 116.12--Nonattainment Review Definitions
    EPA approved section 116.12 into the Texas SIP on July 22, 2004 (69
FR 43752). The revisions to section 116.12 adopted by the TCEQ on
August 20, 2003, are approvable. The revisions to introductory
paragraph and (7)-(11), 13 and 18 of section 116.12 include several
minor changes to abbreviations, rule citations, and acronyms to conform
to Texas Register formatting. These revisions do not impact the
functionality of the air permits for new construction or modification
program.
    Additionally, in section 116.12(14) TCEQ revised the definition of
``offset ratio'' to state that an emission reduction must be certified
under 30 TAC Chapter 101, Subchapter H, Divisions 1 or 4, to be
creditable as an offset under the NSR permitting program. The revisions
to the definition of ``offset ratio'' do not change EPA's initial
determination that the definition is consistent with the requirements
of section 173 of the CAA. The revisions only serve to reference TCEQ's
established emissions banking and trading programs. EPA proposed
approval of the Chapter 101, Subchapter H, Division 1 Emission Credit
Banking and Trading program, and conditional approval of the Division 4
Discrete Emission Credit Banking and Trading program on October 5,
2005, and finalized our approvals on September 6, 2006. Our proposed
rulemakings discuss our rationale that the credits generated under the
programs can be used as NSR offsets. The administrative record for
these rulemakings is available in the rulemaking dockets, EPA-R06-OAR-
2005-TX-0006 and EPA-R06-OAR-2005-TX-0029, respectively. These
revisions are consistent with 110(l) of the CAA.
2. Section 116.143--Payment of Fees
    EPA approved section 116.143 into the Texas SIP on September 16,
2002 (67 FR 58697). The August 20, 2003, revisions to section 116.143
introductory paragraph do not substantively change the requirements of
section 116.143 adopted by the State on June 17, 1998 and further
revised on September 25, 2002. The revisions to 116.143 adopted by the
State on September 25, 2002, and further revised on August 20, 2003 are
approvable. These revisions do not impact the functionality of the air
permits for new construction or modification program. The revisions to
section (2) of 116.143 reorder existing language and further explain
the permit application review process. These revisions are consistent
with 110(l) of the CAA.
3. Section 116.150--New Major Source of Major Modification in Ozone
Nonattainment Areas
    EPA approved section 116.150 into the Texas SIP on July 17, 2000
(65 FR 43986). The revisions to section 116.150, adopted August 20,
2003, are

approvable. These revisions remove the NOX waiver provisions
for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment
areas because the time period for the waiver has expired. This revision
is consistent with 110(l) of the CAA.
4. Section 116.170--Applicability of Emission Reductions as Offsets
    The former Sec.  116.170 was approved by EPA into the Texas SIP on
September 18, 2002 (67 FR 58697). Subsection 116.170(2) is not in the
SIP. On August 20, 2003 Sec.  116.170 was repealed and replaced with a
new Sec.  116.170. The August 20, 2003, repeal and adoption of new
section 116.170 are approvable. The requirements for the use of
emission reductions as offsets for NSR permitting are consistent with
the revised definition of ``offset ratio'' and the TCEQ's established
emissions banking and trading programs. EPA proposed approval of the
Chapter 101, Subchapter H, Division 1 Emission Credit Banking and
Trading program, and conditional approval of the Division 4 Discrete
Emission Credit Banking and Trading program on October 5, 2005, and
finalized our approvals on September 6, 2006. Our proposed rulemakings
discuss our rationale that the credits generated under the programs can
be used as NSR offsets. The administrative record for these rulemakings
is available in the rulemaking dockets, EPA-R06-OAR-2005-TX-0006 and
EPA-R06-OAR-2005-TX-0029, respectively. This revision is consistent
with 110(l) of the CAA.
5. Section 116.172--Emissions Offsets From Rocket Engine Firing and
Cleaning
    The August 20, 2003 adoption of new section 116.172 is approvable.
These provisions have been moved unchanged from the repealed section
116.170, which was SIP-approved September 18, 2002 as consistent with
the CAA. This revision is consistent with 110(l) of the CAA.
6. Section 116.313--Renewal Application Fees
    EPA approved section 116.313 into the Texas SIP March 10, 2006 (71
FR 12285). The revisions to section 116.313, adopted August 20, 2003,
do not substantively change the requirements of section 116.313, as
adopted by TCEQ on June 17, 1998, and further revised on September 25,
2002. The revisions to update the mailing address of the TCEQ are non-
substantive and will not impact the NSR permit renewal process. New
section 116.313 as adopted by the State on June 17, 1998 and further
revised on September 25, 2002 and August 20, 2003 is approvable.

D. Does Approval of Texas's Rule Revisions Interfere With Attainment,
Reasonable Further Progress, or Any Other Applicable Requirement of the
Act?

    Section 110(l) of the CAA states that EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. Our review of
the Texas SIP submittals indicate that the revisions will not interfere
with any applicable requirements concerning attainment and reasonable
further progress towards attainment of the NAAQS or any other
applicable requirements of the Act.

IV. Final Action

    EPA is taking direct final action to approve revisions to the Texas
SIP submitted on July 22, 1998, October 4, 2002, and September 25,
2003. Specifically, EPA is approving the repeal and replacement of
section 116.313 submitted on July 22, 1998 to assess fee requirements
for permit renewals. EPA is also approving new fee provisions for
permits by rule at 30 TAC Chapter 106, Subchapter B, section 106.50
submitted October 4, 2002. We are also approving the following
revisions to the Texas SIP submitted on October 4, 2002: Revisions to
section 116.141(b) and (e) to increase permit fee determinations,
revisions to section 116.143 Introductory Paragraph to update the fee
payment information, revisions to section 116.163(a) and (b) to
increase permit fees for PSD permits, revisions to section 116.313(a)
and (b) to increase permit renewal fees and update fee remittance
information for the TCEQ, and revisions to section 116.614 to update
the fee remittance information for standard permits. We are also
approving the following revisions to the Texas SIP submitted on
September 25, 2003: Revisions to section 116.12 to update the
nonattainment review definitions, revisions to section 116.143 to
update the TCEQ's mailing address, revisions to section 116.150 to
remove the expired NOX waiver in the HGB nonattainment area,
and revisions to section 116.313 to update the TCEQ's mailing address.
We are also approving the September 25, 2003, repeal and replacement of
section 116.170 with a new section 116.170 that establishes the
requirements of emission reductions used as NSR offsets consistent with
the revised nonattainment review definitions under section 116.12 and
the current SIP approved trading programs under 30 TAC Chapter 101,
Divisions 1 and 4. Finally, we are approving new section 116.172
submitted on September 25, 2003, which establishes the requirements for
emission offsets from rocket engine firing and cleaning.
    EPA is not taking action on the revisions to sections 101.24,
101.27, and 116.750 submitted on October 4, 2002 or revisions to
sections 116.114, 116.115, 116.120, 116.315, and 116.715, submitted on
September 25, 2003. These revisions remain under review by EPA and will
be addressed in separate actions.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 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. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 19, 2009. 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: February 26, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, EPA Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

0
2. Section 52.2270 is amended as follows:
0
a. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 106--Permits by Rule, by
adding the following immediately after the existing entry section
106.13: A new centered heading entitled ``Subchapter B--Registration
Fees for New Permits by Rule'' followed by a new entry for section
106.50;
0
b. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
A--Definitions, by revising the entry for section 116.12;
0
c. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 4--Permit Fees, by revising the
entries for sections 116.141 and 116.143;
0
d. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 5--Nonattainment Review, by
revising the entry for section 116.150;
0
e. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 6--Prevention of Significant
Deterioration, by revising the entry for section 116.163;
0
f. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 7--Emission Reductions: Offsets,
by revising the entry for section 116.170 and adding a new entry in
numerical order for section 116.172;
0
g. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
D--Permit Renewals, by revising the entry for section 116.313;
0
h. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
F--Standard Permits, by revising the entry for section 116.614.

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                State
                                                                                approval/
         State citation                          Title/subject                  submittal         EPA approval date                 Explanation
                                                                                date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chapter 106--Permits by Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Subchapter B--Registration Fees for New Permits by Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 106.50..................  Registration Fees for Permits by Rule......    9/25/2002  3/20/2009 [Insert FR page
                                                                                number where document
                                                                                begins].
=================================

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                              Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
========================================================================================================================================================
                                                                Subchapter A--Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

 Section 116.12.................  Nonattainment Review Definitions...........    8/20/2003  3/20/2009 [Insert FR page
                                                                                number where document
                                                                                begins].
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Subchapter B--New Source Review Permits
========================================================================================================================================================

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Division 4--Permit Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.141.................  Determination of Fees......................    9/25/2002  3/20/2009 [Insert FR page
                                                                                number where document
                                                                                begins].
Section 116.143.................  Payment of Fees............................    8/20/2003  3/20/2009 [Insert FR page
                                                                                number where document
                                                                                begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Division 5--Nonattainment Review
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.150.................  New Major Source or Major Modification in      8/20/2003  3/20/2009 [Insert FR page
                                   Ozone Nonattainment Area.                                 number where document
                                                                                begins].
=================================

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Division 6--Prevention of Significant Deterioration Review
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.163.................  Prevention of Significant Deterioration        9/25/2002  3/20/2009 [Insert FR page
                                   Permit Fees.                                              number where document
                                                                                begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Division 7--Emission Reductions: Offsets
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.170.................  Applicability of Emission Reductions as        8/20/2003  3/20/2009 [Insert FR page
                                   Offsets.                                                  number where document
                                                                                begins].
Section 116.172.................  Emissions Offsets from Rocket Engine Firing    8/20/2003  3/20/2009 [Insert FR page
                                   and Cleaning.                                             number where document
                                                                                begins].
=================================

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Subchapter D--Permit Renewals
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.313.................  Renewal Application Fees...................    8/20/2003  3/20/2009 [Insert FR page
                                                                                number where document
                                                                                begins].
=================================

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Subchapter F--Standard Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.614.................  Standard Permit Fees.......................    9/25/2002  3/20/2009 [Insert FR page
                                                                                number where document
                                                                                begins].
=================================

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

* * * * *
[FR Doc. E9-5835 Filed 3-19-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Rules and Regulations]
[Page 21255-21256]
[DOCID:fr07my09-6]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9006A; 34-59391A; 39-2462A; IC-28617A; File No. S7-12-
08]
RIN 3235-AK13

Interactive Data for Mutual Fund Risk/Return Summary; Correction

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; correction.

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SUMMARY: The Securities and Exchange Commission is making technical
corrections to rule amendments adopted in Release No. 33-9006 (February
11, 2009), which appeared in the Federal Register on February 19, 2009
(74 FR 7748). Specifically, the Commission is

making certain corrections to conform to technical amendments adopted
in Release No. 33-9002A (April 1, 2009), which appeared in the Federal
Register on April 7, 2009 (74 FR 15666).

DATES: Effective Date: July 15, 2009.

FOR FURTHER INFORMATION CONTACT: Deborah D. Skeens, Senior Counsel,
Office of Disclosure Regulation, at<PHONE_NUMBER>, Division of
Investment Management, Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-5720.

SUPPLEMENTARY INFORMATION: The Commission is making the following
corrections to Release No. 33-9006 (February 11, 2009), which was
published in FR Doc E9-3359 appearing on page 7748 in the Federal
Register on February 19, 2009. We are correcting cross-references in
preliminary note 1 and paragraph (a) of Rule 405 \1\ of Regulation S-
T.\2\
---------------------------------------------------------------------------

    \1\ 17 CFR 232.405.
    \2\ 17 CFR 232.10 et seq.
---------------------------------------------------------------------------

Sec.  232.405  [Corrected]

    1. Beginning on page 7775, second column and continuing on the
third column, the last nineteen lines of Preliminary Note 1 to Sec.
232.405 are corrected to read as follows:
    ``paragraph (101) of Part II--Information Not Required to be
Delivered to Offerees or Purchasers of both Form F-9 (Sec.  239.39 of
this chapter) and Form F-10 (Sec.  239.40 of this chapter), paragraph
101 of the Instructions as to Exhibits of Form 20-F (Sec.  249.220f of
this chapter), paragraph B.(15) of the General Instructions to Form 40-
F (Sec.  249.240f of this chapter), paragraph C.(6) of the General
Instructions to Form 6-K (Sec.  249.306 of this chapter), and General
Instruction C.3.(g) of Form N-1A (Sec. Sec.  239.15A and 274.11A of
this chapter) specify when electronic filers are required or permitted
to submit or post an Interactive Data File (Sec.  232.11), as further
described in the Note to Sec.  232.405.''
    2. On page 7775, third column, the introductory text of paragraph
(a)(2) of Sec.  232.405 is corrected to read as follows:
    ``(2) Be submitted only by an electronic filer either required or
permitted to submit an Interactive Data File as specified by Item
601(b)(101) of Regulation S-K, paragraph (101) of Part II--Information
Not Required to be Delivered to Offerees or Purchasers of either Form
F-9 or Form F-10, paragraph 101 of the Instructions as to Exhibits of
Form 20-F, paragraph B.(15) of the General Instructions to Form 40-F,
paragraph C.(6) of the General Instructions to Form 6-K, or General
Instruction C.3.(g) of Form N-1A, as applicable, as an exhibit to:''
    3. On page 7775, in the third column, paragraph (a)(3) of Sec.
232.405 is corrected to read as follows:
    ``(3) Be submitted in accordance with the EDGAR Filer Manual and,
as applicable, either Item 601(b)(101) of Regulation S-K, paragraph
(101) of Part II--Information Not Required to be Delivered to Offerees
or Purchasers of either Form F-9 or Form F-10, paragraph 101 of the
Instructions as to Exhibits of Form 20-F, paragraph B.(15) of the
General Instructions to Form 40-F, paragraph C.(6) of the General
Instructions to Form 6-K, or General Instruction C.3.(g) of Form N-1A;
and''
    4. Beginning on page 7775, third column and continuing on page 7776
in the first column, paragraph (a)(4) of Sec.  232.405 is corrected to
read as follows:
    ``(4) Be posted on the electronic filer's corporate Web site, if
any, in accordance with, as applicable, either Item 601(b)(101) of
Regulation S-K, paragraph (101) of Part II--Information Not Required to
be Delivered to Offerees or Purchasers of either Form F-9 or Form F-10,
paragraph 101 of the Instructions as to Exhibits of Form 20-F,
paragraph B.(15) of the General Instructions to Form 40-F, paragraph
C.(6) of the General Instructions to Form 6-K, or General Instruction
C.3.(g) of Form N-1A.''

    Dated: May 1, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10525 Filed 5-6-09; 8:45 am]


[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Notices]
[Page 57344-57345]
[DOCID:fr02oc08-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC08-583-001, FERC-583]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Submitted for OMB Review

September 26, 2008.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission) has submitted the information
collection described below to the Office of Management and Budget (OMB)
for review of this information collection requirement. Any interested
person may file comments directly with OMB and should address a copy of
those comments to the Commission as explained below. The Commission
received no comments in response to an earlier Federal Register notice
of February 26, 2008 (FR Vol. 73, No. 38 10235-10236) and has made this
notation in its submission to OMB.

DATES: Comments on the collection of information are due by October 31,
2008.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira_
<EMAIL_ADDRESS>and include the OMB Control No. (1902-0136) as a
point of reference. The Desk Officer may be reached by telephone at
202-395-7345. A copy of the comments should also be sent to the Federal
Energy Regulatory Commission, Office of the Executive Director, ED-34,
Attention: Michael Miller, 888 First Street NE., Washington, DC 20426.
Comments may be filed either in paper format or electronically. Those
persons filing electronically do not need to make a paper filing. For
paper filings, such comments should be submitted to the Secretary of
the Commission, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426 and should refer to Docket No. IC08-583-001.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at (http://
www.ferc.gov/help/submission-guide/electronic-media.asp). To file the
document electronically, access the Commission's Web site and click on
Documents & Filing, E-Fi ling (http://www.ferc.gov/docs-filing/
efiling.asp), and then follow the instructions for each screen. First
time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-583 ``Annual Kilowatt Generating Report (Annual
Charges)'' (OMB No. 1902-0136) is used by the Commission to implement
the statutory provisions of section 10(e) of the Federal Power Act
(FPA), part I, 16 U.S.C. 803(e) which requires the Commission to
collect annual charges from hydropower licensees for, among other
things, the cost of administering part I of the FPA and for the use of
United States dams. In addition, the

Omnibus Budget Reconciliation Act of 1986 (OBRA) authorizes the
Commission to ``assess and collect fees and annual charges in any
fiscal year in amounts equal to all of the costs incurred by the
Commission in that fiscal year.'' The information is collected annually
and used to determine the amounts of the annual charges to be assessed
licensees for reimbursable government administrative costs and for the
use of government dams. The Commission implements theses filing
requirements in the Code of Federal Regulations (CFR) under 18 CFR part
11.
    Action: The Commission is requesting a three-year extension of the
current expiration date, with no changes to the existing collection of
data.
    Burden Statement: Public reporting burden for this collection is
estimated as:

----------------------------------------------------------------------------------------------------------------
                                                            Number of        Average burden
            Number of  respondents annually               responses per        hours per         Total annual
                                                            respondent          response         burden hours
(1)                                                                  (2)                (3)     (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
 599..................................................                 1                  2             1,198 h
----------------------------------------------------------------------------------------------------------------

    Estimated cost burden to respondents is $72,792. (1,198 hours/2,080
hours per year times $126,384 per year average per empl oyee =
$72,792). The cost per respondent is $122 (rounded off).
    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing, the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.

Kimberly Bose,
Secretary.
 [FR Doc. E8-23214 Filed 10-1-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10733-10736]
[FR Doc No: 2021-03569]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0900; Product Identifier 2020-NM-080-AD; Amendment
39-21400; AD 2021-02-17]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318 series airplanes; Model A319-111, A319-112, A319-
113, A319-114, A319-115, A319-131, A319-132, A319-133, A319-151N, and
A319-153N airplanes; Model A320 series airplanes; and Model A321 series
airplanes. This AD was prompted by the results of laboratory tests on
non-rechargeable lithium batteries installed in emergency locator
transmitters (ELT), which highlighted a lack of protection against
certain currents that could lead to thermal runaway and a battery fire.
This AD requires modifying a certain ELT by installing a diode in the
airplane circuit connecting the ELT battery, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 30,
2021.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. For Airbus SAS service information
incorporated by reference in this AD, contact Airbus SAS, Airworthiness
Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email
<EMAIL_ADDRESS>internet https://www.airbus.com. You
may view this IBR material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0900.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0900; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0103, dated May 7, 2020;
corrected May 8, 2020 (EASA AD 2020-0103) (also referred to as the
Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for all Airbus SAS Model A318-111, A318-
112, A318-121, A318-122 airplanes; Model A319-111, A319-112, A319-113,
A319-114, A319-115, A319-131, A319-132, A319-133, A319-151N, and A319-
153N airplanes; Model A320-211, A320-212, A320-214, A320-215, A320-216,
A320-231, A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-
271N, A320-272N, and A320-273N airplanes; and Model A321-111, A321-112,
A321-131, A321-211, A321-212, A321-213, A321-231, A321-232, A321-251N,
A321-252N, A321-253N, A321-271N, A321-272N, A321-251NX, A321-252NX,
A321-253NX, A321-271NX, and A321-272NX airplanes. Model A320-215
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this AD therefore does not include
those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would

apply to all Airbus SAS Model A318 series airplanes; Model A319-111,
A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133,
A319-151N, and A319-153N airplanes; Model A320 series airplanes; and
Model A321 series airplanes. The NPRM published in the Federal Register
on October 1, 2020 (85 FR 61884). The NPRM was prompted by the results
of laboratory tests on non-rechargeable lithium batteries installed in
ELTs, which highlighted a lack of protection against certain currents
that could lead to thermal runaway and a battery fire. The NPRM
proposed to require modifying a certain ELT by installing a diode in
the airplane circuit connecting the ELT battery, as specified in an
EASA AD.
    The FAA is issuing this AD to address this unsafe condition, which
could result in local (temporary) fires and could result in damage to
the airplane and injury to occupants. See the MCAI for additional
background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response.

Request To Allow the Use of Additional Service Information

    American Airlines (AA) requested that operators be allowed to use
the following Airbus SAS technical adaptations (TAs) during
accomplishment of the related Airbus SAS service bulletins that are
specified in EASA AD 2020-0103. The commenter noted that certain
airplane maintenance manual (AMM) tasks referred to in Airbus SAS
Service Bulletin A320-25-1BQN, dated December 5, 2019; and Service
Bulletin A320-25-1BQP, dated December 5, 2019; are incorrect. The
commenter stated that it contacted Airbus SAS regarding this issue and
Airbus SAS' response was that there is no planned revision to these
service bulletins to correct the references to the incorrect AMM tasks.
    The FAA agrees with the commenter's request for the reason
provided. The FAA has added paragraph (h)(4) to this AD to allow use of
the correct TAs.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0103 describes procedures for modifying a certain ELT
by installing a diode in the airplane circuit connecting the ELT
battery.
    Airbus SAS has issued the following TAs, which specify the correct
AMM tasks for doing the BITE [built-in test equipment] test of the ELT
specified in the related Airbus SAS service bulletins. These TAs are
distinct since they apply to different service bulletins specified in
EASA AD 2020-0103.
     Airbus SAS TA 80724343/009/2020, Issue 1, dated May 20,
2020.
     Airbus SAS TA 80832689/007/2020, Issue 2, dated October
29, 2020.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Clarification of Maintenance Activities With an Affected Part

    EASA AD 2020-0103 defines an affected part as an ELT having part
number (P/N) 01N65900. When the modification (installation of a diode)
is completed, the part number of the ELT does not change. The intent of
paragraph (1) of EASA AD 2020-0103 is to require, for airplanes that
have an affected ELT installed, operators to do the modification within
24 months. For these airplanes, operators can remove an ELT having P/N
01N65900 and reinstall that same part during maintenance activities
within the 24 month compliance for doing the modification. After the
modification is done, operators can install an ELT having P/N 01N65900
as long as the modification is not removed.

Costs of Compliance

    The FAA estimates that this AD affects 1,100 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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3 work-hours x $85 per hour = $255...........................            $450             $705         $775,500
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    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in our cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness
directive:

2021-02-17 Airbus SAS: Amendment 39-21400; Docket No. FAA-2020-0900;
Product Identifier 2020-NM-080-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, all manufacturer serial numbers.
    (1) Model A318-111, A318-112, A318-121, and A318-122 airplanes.
    (2) Model A319-111, A319-112, A319-113, A319-114, A319-115,
A319-131, A319-132, A319-133, A319-151N, and A319-153N airplanes.
    (3) Model A320-211, A320-212, A320-214, A320-216, A320-231,
A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-271N,
A320-272N, and A320-273N airplanes.
    (4) Model A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, A321-232, A321-251N, A321-252N, A321-253N, A321-
271N, A321-272N, A321-251NX, A321-252NX, A321-253NX, A321-271NX, and
A321-272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in emergency locator
transmitters (ELT), which highlighted a lack of protection against
currents of 28 volts DC or 115 volts AC that could lead to thermal
runaway and a battery fire. The FAA is issuing this AD to address
this unsafe condition, which could result in local (temporary)
fires, and could result in damage to the airplane and injury to
occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0103, dated May 7, 2020; corrected May 8, 2020 (EASA AD 2020-
0103).

(h) Exceptions to EASA AD 2020-0103

    (1) Where EASA AD 2020-0103 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0103 does not apply
to this AD.
    (3) Where paragraph (3) of EASA AD 2020-0103 specifies the parts
installation limitation, for this AD, comply with paragraph (i) of
this AD.
    (4) This AD allows the use of the airplane maintenance manual
(AMM) tasks for the BITE [built-in test equipment] test of the ELT
specified in the Airbus SAS technical adaptations (TAs) identified
in paragraphs (h)(4)(i) and (ii) of this AD, in lieu of the AMM
tasks specified in the applicable Airbus SAS service bulletins
specified in EASA AD 2020-0103.
    (i) Airbus SAS TA 80724343/009/2020, Issue 1, dated May 20,
2020.
    (ii) Airbus SAS TA 80832689/007/2020, Issue 2, dated October 29,
2020.

(i) Parts Installation Limitation

    (1) For airplanes that do not have an ELT having part number (P/
N) 01N65900 installed as of the effective date of this AD: As of the
effective date of this AD, no person may install an ELT having P/N
01N65900 on any airplane unless the airplane has been modified as
required by paragraph (1) of EASA AD 2020-0103.
    (2) For airplanes that have an ELT having P/N 01N65900 installed
as of the effective date of this AD: After modification of the
airplane as required by paragraph (1) of EASA AD 2020-0103, no
person may install an ELT having P/N 01N65900 on that airplane if
the modification is removed.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraphs (h)(4) and (j)(2) of this AD, if any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0103,
dated May 7, 2020; corrected May 8, 2020.
    (ii) Airbus SAS Technical Adaptation 80724343/009/2020, Issue 1,
dated May 20, 2020.

    Note 1 to paragraphs (l)(2)(ii) and (iii): The issue date of the
document is identified only on the last page of the document.

    (iii) Airbus SAS Technical Adaptation 80832689/007/2020, Issue
2, dated October 29, 2020.
    (3) For EASA AD 2020-0103, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.

    (4) For Airbus SAS service information, contact Airbus SAS,
Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93
44 51; email<EMAIL_ADDRESS>internet https://www.airbus.com.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0900.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 14, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-03569 Filed 2-22-21; 8:45 am]
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