[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Proposed Rules]
[Pages 65144-65146]
[FR Doc No: 2012-26263]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1108; Directorate Identifier 2011-NM-283-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed
AD was prompted by reports of failures of the emergency slide on the
forward passenger door, which prevented the door from opening. This
proposed AD would require repetitive re-packing of certain forward door
escape slides. We are proposing this AD to prevent failure of the
emergency slide, preventing the forward passenger door from opening,
which could result in impeded emergency evacuation and possible
subsequent injury to passengers and flightcrew.

DATES: We must receive comments on this proposed AD by December 10,
2012.

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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For EMBRAER service information identified in this proposed AD,
contact Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax
+55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. For Goodrich service information identified in this
proposed AD, contact Goodrich Corporation, Aircraft Interior Products,
ATTN: Technical Publications, 3414 South Fifth Street, Phoenix, Arizona
85040; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet http://www.goodrich.com/TechPubs. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the 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: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1108;
Directorate Identifier 2011-NM-283-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2011-12-01 and 2011-12-02, both effective
December 27, 2011 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. MCAI Brazilian
Airworthiness Directive 2011-12-01 states:

    During operational checks of escape slide P/N 4A4030-5, some
operators have reported failure in the escape slide preventing the
forward passenger door opening. This [Brazilian] AD is being issued
to prevent failure of this system which could impede an emergency
evacuation and increase the chance of injury to passengers and
flight crew.
* * * * *
MCAI Brazilian Airworthiness Directive 2011-12-02 states:

    During scheduled deployment tests of escape slide P/N 104003-2,
some operators have reported failure in the escape slide preventing
the forward passenger door opening. This [Brazilian] AD is being
issued to prevent failure of this system which could impede an
emergency evacuation and increase the chance of injury to passengers
and flight crew.
* * * * *
The required action is repetitive re-packing of certain forward door
escape slides. You may obtain further information by examining the MCAI
in the AD docket.

Relevant Service Information

    Goodrich has issued Alert Service Bulletins 4A4030-25A402 and
104003-25A403, both dated June 30, 2011. Embraer S.A. has issued
Section 1 of EMBRAER 170 Maintenance Review Board Report, MRB-1621,
Revision 7, dated November 11, 2010; and Section 1 of EMBRAER 190
Maintenance Review Board Report, MRB-1928, Revision 5, dated November
11, 2010. 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 Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Difference Between the Service Information and This Proposed AD

    Where Goodrich Alert Service Bulletins 4A4030-25A402 and 104003-
25A403, both dated June 30, 2011, specify that Goodrich Service
Bulletin 25-394 should be accomplished as a prior or concurrent action,
this proposed AD would not require that service bulletin.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 253 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost between $435 and $542 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of the proposed AD on U.S.
operators to be between $153,065 and $180,136, or $605 and $712 per
product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

Embraer S.A.: Docket No. FAA-2012-1108; Directorate Identifier 2011-
NM-283-AD.

(a) Comments Due Date

    We must receive comments by December 10, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE., and -
100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; equipped with Goodrich escape slides having part number
(P/N) 4A4030-5.
    (2) Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -
100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; equipped with Goodrich escape slides having P/N 104003-2.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of failures of the emergency
slide on the forward passenger door, which prevented the door from
opening. We are issuing this AD to prevent failure of the emergency
slide, preventing the forward passenger door from opening, which
could result in impeded emergency evacuation and possible subsequent
injury to passengers and flightcrew.

(f) Compliance

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

(g) Repetitive Re-Packing of the Escape Slide

    At the applicable compliance times identified in paragraphs
(g)(1) and (g)(2) of this AD, re-pack the forward door escape slide
in accordance with the Accomplishment Instructions of Goodrich Alert
Service Bulletin 4A4030-25A402, dated June 30, 2011 (for Model ERJ
170 airplanes); or Goodrich Alert Service Bulletin 104003-25A403,
dated June 30, 2011 (for Model ERJ 190 airplanes). Repeat the re-
packing thereafter at intervals not to exceed 18 months.
    (1) For escape slides that have not been repacked as of the
effective date of this AD: Within 18 months after date of
manufacture of the escape slide or within 6 months after the
effective date of this AD, whichever occurs later.
    (2) For escape slides that have been repacked as of the
effective date of this AD: Within 18 months after the last re-pack
of the escape slide or within 6 months after the effective date of
this AD, whichever occurs later.

(h) Method of Compliance

    Accomplishing an overhaul of the escape slide as specified in
Task 25-65-01-001, Emergency Evacuation Slide Assembly, of Section 1
of EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision
7, dated November 11, 2010 (for Model ERJ 170 airplanes); or Section
1 of EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision
5, dated November 11, 2010 (for Model ERJ 190 airplanes); is
acceptable for compliance with any re-pack required by paragraph (g)
of this AD.

(i) Other FAA AD Provisions

    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. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Cindy
Ashforth, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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
local flight standards district office/certificate holding 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.

(j) Related Information

    (1) Refer to MCAI Brazilian Airworthiness Directives 2011-12-01
and 2011-12-02, both effective December 27, 2011, and the service
information identified in paragraphs (j)(1)(i) through (j)(1)(iv) of
this AD, for related information.
    (i) Section 1 of EMBRAER 170 Maintenance Review Board Report,
MRB-1621, Revision 7, dated November 11, 2010.
    (ii) Section 1 of EMBRAER 190 Maintenance Review Board Report,
MRB-1928, Revision 5, dated November 11, 2010.
    (iii) Goodrich Alert Service Bulletin 4A4030-25A402, dated June
30, 2011.
    (iv) Goodrich Alert Service Bulletin 104003-25A403, dated June
30, 2011.
    (2) For EMBRAER service information identified in this AD,
contact Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. For Goodrich service information identified in
this AD, contact Goodrich Corporation, Aircraft Interior Products,
ATTN: Technical Publications, 3414 South Fifth Street, Phoenix,
Arizona 85040; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on October 15, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26263 Filed 10-24-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64050-64053]
[FR Doc No: 2020-21813]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0621; FRL-10015-23-Region 8]

Approval and Promulgation of Implementation Plans; Utah; Regional
Haze 5-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
regional haze progress report State Implementation Plan (SIP) revision
submitted by the State of Utah on March 7, 2016. The revision addresses
the requirements for states to submit periodic reports describing
progress toward reasonable progress goals established for regional haze
and a determination of adequacy of the State's regional haze SIP. The
EPA is taking this action pursuant to section 110 of the Clean Air Act
(CAA).

DATES: This rule is effective on November 9, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0621. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please email the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    Under the Regional Haze Rule, states are required to submit
progress reports that evaluate progress towards the reasonable progress
goals for each mandatory federal Class I area within the state and in
each Class I area outside the state that may be affected by emissions
from within the state.\1\ In addition, the provisions also require
states to submit, at the same time as the progress report, a
determination of the adequacy of the state's existing regional haze
plan. The first progress report must be in the form of a SIP revision
and is due 5 years after submittal of the initial regional haze SIP.
---------------------------------------------------------------------------

    \1\ 40 CFR 51.309(d)(10).
---------------------------------------------------------------------------

    On March 7, 2016, Utah submitted a Progress Report SIP revision
which: (1) detailed the progress made toward achieving progress for
improving visibility at Class I areas; \2\ and (2)

declared a determination of adequacy of the State's regional haze plan
to meet reasonable progress goals.
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    \2\ 42 U.S.C. 7491(a). Areas designated as mandatory Class I
Federal areas consist of national parks exceeding 6,000 acres,
wilderness areas and national memorial parks exceeding 5,000 acres,
and all international parks that were in existence on August 7,
1977. 42 U.S.C. 7472(a). In accordance with section 169A of the CAA,
the EPA, in consultation with the Department of Interior,
promulgated a list of 156 areas where visibility is identified as an
important value. 44 FR 69122 (November 30, 1979). The extent of a
mandatory Class I area includes subsequent changes in boundaries,
such as park expansions. 42 U.S.C. 7472(a). Although states and
tribes may designate as Class I additional areas whose visibility
they consider to be an important value, the requirements of the
visibility program set forth in section 169A of the CAA apply only
to ``mandatory Class I Federal areas.'' Each mandatory Class I
Federal area is the responsibility of a ``Federal Land Manager.'' 42
U.S.C. 7602(i). When we use the term ``Class I area'' in this
section, we mean a ``mandatory Class I Federal area.''
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    On June 16, 2020, the EPA published a proposed rulemaking titled
``Approval and Promulgation of Implementation Plans; Utah; Regional
Haze 5-Year Progress Report State Implementation Plan'' proposing to
approve Utah's Progress Report SIP revision.\3\ The rationale for the
EPA's proposed action is explained in the proposed rulemaking and will
not be restated here. The EPA is finalizing its proposed approval of
the Progress Report as meeting the applicable regional haze
requirements set forth in 40 CFR 51.309(d)(10).
---------------------------------------------------------------------------

    \3\ 85 FR 36359 (June 16, 2020).
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II. Response to Comments

    We received three comments on our proposed rulemaking during the
public comment period. The EPA determined that some of these comments,
or portions thereof, are outside the scope of our proposed action and
fail to identify any material issue necessitating a response.
    Comment: The commenter stated that part of the approval is based on
7-year old data noting that key visibility metrics described previously
show improvement in visibility conditions between the baseline (2000-
2004) and current conditions (2009-2013).
    Response: We agree with the commenter that Utah provided data from
2009-2013 (current period) to compare visibility progress with the
2000-2004 (baseline period). The Regional Haze Rule required that the
first progress reports be submitted in 2013 and include an assessment
of changes in visibility conditions between the baseline period and the
``past five years.'' \4\ Additionally, the EPA's April 2013 General
Principles for the 5-Year Regional Haze Progress Reports for the
Initial Regional Haze State Implementation Plans states that ``[f]or
`current visibility conditions,' the reports should include the 5-year
average that includes the most recent quality assured public data
available at the time the state submits its 5-year progress report for
public review.'' \5\ Thus, Utah's report, which was submitted for
public review in 2014 and to the EPA in 2016,\6\ appropriately compared
2009-2013 data to the baseline period. Additionally, we note that
Utah's progress report and the proposed rule also assessed Utah's
progress in comparison to the Western Regional Air Partnership (WRAP)
2018 Preliminary Reasonable Progress projections.\7\
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    \4\ 40 CFR 51.309(d)(10), (d)(10)(C).
    \5\ U.S. EPA, General Principles for the 5-Year Regional Haze
Progress Reports for the Initial Regional Haze State Implementation
Plans (Intended to Assist States and EPA Regional Offices in the
Development and Review of the Progress Reports), page 7, April 2013.
    \6\ Utah Progress Report, page 2 (Certification).
    \7\ See 85 FR 36364-68.
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    Comment: The commenter argues that private universities have
CO2 emissions and should be regulated. In addition, the
commenter states that the definition of haze should be broadened to
include light emissions.
    Response: This action is limited to the visibility impairing
pollutants that Utah considered during the initial 10-year regional
haze implementation period as required for regional haze progress
reports, which included sulfur dioxide (SO2), nitrogen
oxides (NOX), and particulate matter (PM).\8\ Therefore, an
EPA assessment of CO2 and anthropogenic light emissions is
beyond the scope of this action as CO2 and anthropogenic
light emissions are not included in Utah's initial regional haze SIP.
---------------------------------------------------------------------------

    \8\ See 40 CFR 51.309(d)(10).
---------------------------------------------------------------------------

    Comment: The commenter expressed support for the rulemaking and
noted that reductions in visibility impairing emissions will benefit
people residing in Utah, as well as the entire ecosystem.
    Response: We acknowledge the commenter's support for this action.

III. Final Action

    The EPA is finalizing approval of Utah's March 7, 2016, Regional
Haze Progress Report as meeting the applicable regional haze
requirements set forth in 40 CFR 51.309(d)(10).

IV. Incorporation by Reference

    In this document, 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 of the
Utah State Air Quality Rules described in amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 8 Office (please email 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 by reference in the next
update to the SIP compilation.\9\
---------------------------------------------------------------------------

    \9\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);

     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. 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 December 8, 2020. 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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Dated: September 28, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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 TT--Utah

0
2. In Sec.  52.2320:
0
a. The table in paragraph (c) is amended by adding the entry ``R307-
110-28'' in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``Progress
Report for Utah's State Implementation Plan for Regional Haze'' at the
end of the section under the center heading ``XVII. Visibility
Protection''.
    The additions read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                          State          Final rule
            Rule No.                 Rule title      effective date    citation, date            Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R307-110-28....................  Section XX.               2/4/2016  [insert Federal
                                  Regional Haze.                      Register
                                                                      citation], 10/9/
                                                                      2020.

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

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                             State
              Rule title                effective date  Final rule citation, date             Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           XVII. Visibility Protection
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Progress Report for Utah's State              2/4/2016  [insert Federal Register
 Implementation Plan for Regional Haze.                  citation], 10/9/2020.

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

[FR Doc. 2020-21813 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices]
[Page 65685-65687]
[DOCID:fr26oc10-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63140; File No. SR-Phlx-2010-141]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Permit
Certain FLEX Options To Trade Under the FLEX Trading Procedures for a
Limited Time on a Closing Only Basis

October 20, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on October 7, 2010, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend Phlx
Rule 1079 (FLEX Index, Equity and Currency Options) to permit certain
exchange-traded flexible options (``FLEX Options'') \3\ to continue to
trade under the FLEX trading procedures for a limited time on a closing
only basis.
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    \3\ FLEX Options are flexible exchange-traded index, equity, or
currency option contracts that provide investors the ability to
customize basic option features including size, expiration date,
exercise style, and certain exercise prices. FLEX Options may have
expiration dates within five years. See Phlx Rule 1079. FLEX
currency option contracts traded on the Exchange are also known as
FLEX World Currency Options (``WCO'') or FLEX Foreign Currency
Options (``FCO'') contracts.
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    The Exchange requests that the Commission waive the 30-day
operative delay period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\4\
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    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, on the Commission's
Web site at http://www.sec.gov, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Phlx Rule 1079 to allow certain FLEX
Options, which are identical in all terms to an underlying security or
index option (``Non-FLEX Option''), to continue to trade on a closing
only basis using the FLEX trading procedures for the balance of the
trading day on which the Non-FLEX Option is added as an intra-day add.
    The Exchange recently adopted rule changes to allow FLEX Options to
expire on or within two business days of a third-Friday-of-the-month
expiration (``Expiration FLEX Options'').\5\ Such FLEX Options could
have either an American or European-style exercise. Among other things,
the rule change also provided that Expiration FLEX Options will be
permitted before (but not after) Non-FLEX Options with identical terms
are listed. Once and if an option series is listed for trading as a
Non-FLEX Option series, (i) all existing open positions established
under the FLEX trading procedures shall be fully fungible with
transactions in the respective Non-FLEX Option series, and (ii) any
further trading in the series would be as Non-FLEX Options subject to
the Non-FLEX trading procedures and rules.
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    \5\ See Securities Exchange Act Release No. 60679 (September 16,
2009), 74 FR 48619 (September 23, 2009)(SR-Phlx-2009-81)(notice of
filing and immediate effectiveness).
---------------------------------------------------------------------------

    The Options Clearing Corporation (``OCC'') became concerned that,
in certain circumstances, in the event a Non-FLEX Option is listed with
identical terms to an existing FLEX Option, OCC could not net the
positions in the contracts until the next business day. If the Non-FLEX
Option were listed intra-day, and an investor with a position in the
FLEX Option attempted

to close the position using the Non-FLEX Option, the investor would be
technically long in one contract and short in the other contract. This
would expose the investor to assignment risk until the next day despite
---------------------------------------------------------------------------
having offsetting positions. The limited circumstances are:

--The Non-FLEX Option is listed intra-day.
--The FLEX contract is for American-style exercise.
--All other terms are identical and the contracts are otherwise
fungible.

    The risk does not occur in expiration Friday FLEX Option positions
during the five days prior to expiration, as no new Non-FLEX Option
series may be listed within five days of expiration. It also does not
exist for FLEX Option positions that will be identical to Non-FLEX
series to be added after expiration, as those new series are added
``overnight'' and OCC will convert the FLEX position to the Non-FLEX
Option series at the time the Non-FLEX series is created. Further, it
does not exist for most FLEX Index Options listed on the Exchange, as
most Non-FLEX Index options currently traded on the Exchange are
European-style exercise,\6\ and thus the Non-FLEX Index Options cannot
be exercised on the day the series is listed.
---------------------------------------------------------------------------

    \6\ Of the indexes that are currently listed and traded on the
Exchange, two have American-style exercise and eleven have European-
style exercise.
---------------------------------------------------------------------------

    As an example, suppose underlying issue XYZ, trading around $25 per
share, has options listed on the March cycle, and in February an
investor wishes to buy just-out-of-the-money call options that expire
in May. Since the Non-FLEX May Options will not be listed until after
the March expiration, the investor enters a FLEX Option order in
February to buy 250 Call 30 options expiring on the third Friday of
May. If, as expected, the Non-FLEX May 30 call options are listed on
the Monday after March expiration, the investor's open FLEX position
will be converted by OCC over the weekend following March expiration to
the Non-FLEX series.
    However, if XYZ stock should decline between the time of the FLEX
transaction and March expiration, the May 30 calls may not be added
after March expiration. If that were to occur, the May 30 calls may be
added sometime later. Suppose the Exchange receives a request to add
the May 30 calls on the morning of the Wednesday after expiration, and
the Exchange lists them immediately. The investor with the FLEX
position may then decide it is an opportune time to close his position.
    Under the current rules, the investor would be required to close
the position by entering a sell order in the new Non-FLEX Option
series. However, when the Non-FLEX transaction is reported to OCC, the
investor is considered short in the Non-FLEX Option series, and is
still long in the FLEX Option. OCC cannot aggregate the FLEX positions
into the Non-FLEX series until after exercise and assignment
processing. If a buyer in the new Non-FLEX series were to exercise the
options, the original investor who had attempted to close the FLEX
position with an offsetting Non-FLEX trade would be at risk of being
assigned on the technically short Non-FLEX position.
    Because of this risk, OCC will not clear an American-style
expiration Friday FLEX option. The Exchange has spoken with OCC and OCC
has agreed that allowing an option position in a FLEX contract to be
closed using a FLEX Option in such circumstances will mitigate the
risk.
    The assignment risk does not exist if the Non-FLEX Option is to be
added the next trading day. In situations where OCC is aware that a
series will be added overnight, they can convert the FLEX position to a
Non-FLEX position before the next trading day. However, OCC cannot
guarantee that an identical Non-FLEX series will not be added intra-
day, and thus will not clear such American-style FLEX Options.
    The Exchange is proposing a limited exception to the requirement
that the trading in such options be under the Non-FLEX trading
procedures. The Exchange proposes that, in the event a Non-FLEX Option
is listed intra-day, a FLEX Option position with identical terms could
be closed under the FLEX trading procedures, but only for the balance
of the trading day on which the series is added. Under the proposed
rule change, both sides of the FLEX transaction would have to be
closing only positions.
    This change will allow a FLEX Option to be traded in such a manner
to mitigate assignment risk.
    The Exchange has the regulatory responsibility for reviewing the
conformity of FLEX trades to the terms and specifications contained in
Rule 1079, as applicable. In the event a Non-FLEX series, having the
same terms as an existing expiration Friday FLEX Option, is listed
intra-day, the Exchange will review any subsequent FLEX transactions in
that series and verify that the transaction is being executed for the
purpose of closing out an existing FLEX position. With respect to FLEX
trades occurring pursuant to the proposed rule change, the Exchange
will make an announcement that the FLEX series is now restricted to
closing transactions; a FLEX Request for Quotes may not be disseminated
for any order representing a FLEX series having the same terms as a
Non-FLEX series, unless such FLEX Order is a closing order (and it is
the day the Non-FLEX series has been added); and only responses that
were closing out an existing FLEX position would be permitted. Any
transactions that occur that do not conform to these requirements would
be nullified by the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system by giving Exchange members and
investors additional tools to trade customized options in a regulated
exchange environment while allowing a FLEX position to be traded in
such a manner as to mitigate inadvertent assignment risk.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

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

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-

regulatory organization has given the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change or such shorter
time as designated by the Commission, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that the Exchange has satisfied
this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission notes that the proposed rule change is substantially
similar to a proposed rule change previously submitted by NYSE Arca
which was published for notice and comment in the Federal Register.\12\
The Commission notes that it did not receive any comments on the NYSE
Arca proposal, and does not believe the Exchange's proposal raises any
new or novel issues. Further, as noted above, because of the
inadvertent assignment risk, market participants could not trade
previously approved American style FLEX Options expiring on Expiration
Friday. The proposal seeks to mitigate such assignment risks by
limiting certain FLEX transactions to closing only, thereby allowing
the trading of previously approved FLEX Options. For these reasons, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest and
therefore, designates the proposed rule change operative upon
filing.\13\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 62321 (June 17,
2010), 75 FR 36130 (June 24, 2010) (SR-NYSEArca-2010-46).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-141 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2010-141. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2010-141 and should be
submitted on or before November 16, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27066 Filed 10-25-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Page 57677]
[FR Doc No: 2013-22810]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Submission Deadline for Schedule Information for O'Hare
International Airport, San Francisco International Airport, John F.
Kennedy International Airport, and Newark Liberty International Airport
for the Summer 2014 Scheduling Season

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

ACTION: Notice of submission deadline.

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

SUMMARY: Under this notice, the FAA announces the submission deadline
of October 10, 2013, for summer 2014 flight schedules at Chicago's
O'Hare International Airport (ORD), San Francisco International Airport
(SFO), New York's John F. Kennedy International Airport (JFK), and
Newark Liberty International Airport (EWR) in accordance with the
International Air Transport Association (IATA) Worldwide Slot
Guidelines. The deadline coincides with the schedule submission
deadline for the IATA Slots Conference for the summer 2014 scheduling
season.

SUPPLEMENTARY INFORMATION: The FAA has designated ORD as an IATA Level
2 airport, SFO as a Level 2 airport, JFK as a Level 3 airport, and EWR
as a Level 3 airport. Scheduled operations at JFK and EWR are currently
limited by FAA Orders until a final Slot Management and Transparency
Rule for LaGuardia Airport, John F. Kennedy International Airport, and
Newark Liberty International Airport (RIN 2120-AJ89) becomes effective
but not later than October 24, 2014.\1\
---------------------------------------------------------------------------

    \1\ Operating Limitations at John F. Kennedy International
Airport, 73 FR 3510 (Jan. 18, 2008) as amended 78 FR 28276 (May 14,
2013); Operating Limitations at Newark Liberty International
Airport, 73 FR 29550 (May 21, 2008) as amended 78 FR 28280 (May 14,
2013).
---------------------------------------------------------------------------

    The FAA is primarily concerned about planned passenger and cargo
operations during peak hours, but carriers may submit schedule plans
for the entire day. At ORD, the peak hours are 0700 to 2100 Central
Time (1200 to 0200 UTC), at SFO from 0600 to 2300 Pacific Time (1300 to
0600 UTC), and at EWR and JFK from 0600 to 2300 Eastern Time (1000 to
0300 UTC). Carriers should submit schedule information in sufficient
detail including, at minimum, the operating carrier, flight number,
scheduled time of operation, frequency, and effective dates. IATA
standard schedule information format and data elements (Standard
Schedules Information Manual or SSIM) may be used.
    The U.S. summer scheduling season for these airports is from March
30, 2014, through October 25, 2014, in recognition of the IATA northern
summer period. The FAA understands there may be differences in slot
times due to different U.S. daylight saving time dates and will
accommodate these differences to the extent possible.
    At EWR, there will be runway construction in summer 2014 that will
impact airport operations and runway capacity. Runway 4L/22R will close
from April 1 through June 1, 2014, and from September 20 through
September 30, 2014. Runway 11/29 will close June 1 through 15, 2014,
for construction at the intersection of runway 4L/22R. Runway 4L/22R
will be open during that period with reduced length. Nighttime and
weekend closures of Runway 4L/22R will occur until late 2014. Modeling
suggests that delay impacts may be significant at the typical demand
levels, especially when available runways or adverse weather conditions
limit capacity. The Port Authority of New York and New Jersey, the FAA,
and stakeholders have been meeting to determine ways to improve
operations and mitigate delays to the extent possible. The FAA has
issued a limited waiver of the minimum slot usage requirement to
encourage carriers to temporarily reduce operations without losing
historical precedence for slots. The FAA will work with carriers to
potentially retime flights to less congested periods. Slots for new
flights will be limited to off-peak times to avoid adding to congestion
during the construction.
    At SFO, there will be runway construction in summer 2014. Runways
1R/19L and 1L/19R will close from May 17 through September 28, 2014.
FAA modeling suggests modest delay increases and operational impacts
based on existing schedules and projected airport runway capacity
during the construction. The airport operator, FAA, and stakeholders
have been meeting regularly to identify ways to improve efficiency,
develop operational plans, and mitigate delays to the extent possible.
Currently, the peak demand period at SFO is approximately 0900 to 1400
Pacific Time. In order to reduce potential congestion and delays,
carriers are encouraged to consider other hours for new summer 2014
flights and limit plans for new flights. Carriers may also consider
whether it is possible to reschedule some flights to less congested
hours, use larger aircraft or frequency adjustments in some markets,
and temporarily reduce schedules. The FAA will work with carriers
through the Level 2 schedule facilitation process to identify ways to
reduce congestion.

DATES: Schedules must be submitted no later than October 10, 2013.

ADDRESSES: Schedules may be submitted by mail to the Slot
Administration Office, AGC-200, Office of the Chief Counsel, 800
Independence Avenue SW., Washington, DC 20591; facsimile:<PHONE_NUMBER>;
or by email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Robert Hawks, Office of the Chief
Counsel, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone number:<PHONE_NUMBER>; fax number: 202-
267-7971; email<EMAIL_ADDRESS>
    Issued in Washington, DC, on September 13, 2013.
Mark W. Bury,
Acting Assistant Chief Counsel for International Law, Legislation, and
Regulations.
[FR Doc. 2013-22810 Filed 9-18-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65223-65224]
[FR Doc No: 2015-27160]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9936-15-OA]

Notification of a Public Teleconference of the Clean Air
Scientific Advisory Committee Secondary National Ambient Air Quality
Standards Review Panel for Oxides of Nitrogen and Sulfur

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces a public teleconference of the Clean
Air Scientific Advisory Committee (CASAC) Secondary National Ambient
Air Quality Standards (NAAQS) Review Panel for Oxides of Nitrogen and
Sulfur to peer review EPA's Integrated Review Plan (IRP) for the
Secondary (welfare-based) National Ambient Air Quality Standards for
Oxides of Nitrogen and Oxides of Sulfur.

DATES: The CASAC Secondary NAAQS Review Panel for Oxides of Nitrogen
and Sulfur will hold a teleconference on Tuesday December 1, 2015 from
1:00 p.m. to 5:00 p.m. (Eastern Standard Time).
    Location: The public teleconference will take place by telephone
only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain information concerning the public meeting may contact Dr. Sue
Shallal, Designated Federal Officer (DFO), EPA Science Advisory Board
Staff Office (1400R), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460; by telephone/voice mail
at<PHONE_NUMBER> or at<EMAIL_ADDRESS>General information
about the CASAC, as well as any updates concerning the teleconference
announced in this notice, may be found on the EPA Web site at http://www.epa.gov/casac.

SUPPLEMENTARY INFORMATION: The CASAC was established pursuant to the
Clean Air Act (CAA) Amendments of 1977, codified at 42 U.S.C.
7409(d)(2), in part to review air quality criteria and NAAQS and
recommend any new NAAQS and revisions of existing criteria and NAAQS as
may be appropriate. The CASAC is a Federal Advisory Committee chartered
under the Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2.
Section 109(d)(1) of the CAA requires that the Agency periodically
review and revise, as appropriate, the air quality criteria and the
NAAQS for the six ``criteria'' air pollutants, including oxides of
nitrogen and oxides of sulfur. EPA is currently reviewing the secondary
(welfare-based) ambient air quality standards for oxides of nitrogen
and sulfur and has requested CASAC advice. Accordingly, the SAB Staff
Office solicited nominations for the CASAC Secondary NAAQS Review Panel
for Oxides of Nitrogen and Sulfur on March 27, 2014 (79 FR 17147-
17149). Membership of the Panel is listed at http://yosemite.epa.gov/sab/sabpeople.nsf/WebCommitteesSubcommittees/Secondary%20NAAQS%20Review%20Panel%20for%20Oxides%20of%20Nitrogen%20and%20Sulfur. EPA will develop several documents in support of its review
of the secondary (welfare-based) NAAQS for oxides of nitrogen and
sulfur, drafts of which will be subject to review by the CASAC panel.
These documents include the Integrated Review Plan (IRP) for the
secondary NAAQS for oxides of nitrogen and sulfur, the Integrated
Science Assessment (ISA) for Oxides of Nitrogen and Sulfur--Ecological
Criteria; a Risk and Exposure Assessment (REA), as warranted; and the
Policy Assessment (PA).
    Pursuant to FACA and EPA policy, notice is hereby given that the
CASAC Secondary National Ambient Air Quality Standards Review Panel for
Oxides of Nitrogen and Sulfur will hold a public teleconference to peer
review EPA's Integrated Review Plan (IRP) for the Secondary (welfare-
based) National Ambient Air Quality Standards for Oxides of Nitrogen
and Oxides of Sulfur. The CASAC Panel will comply with the provisions
of FACA and all appropriate SAB Staff Office procedural policies.
    Technical Contacts: Any technical questions concerning the
Integrated Review Plan (IRP) for the Secondary (welfare-based) National
Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur should be directed to Ms. Ginger Tennant
(tennant.ginger@epa.gov), EPA Office Air Quality Planning and
Standards.
    Availability of Meeting Materials: Prior to the teleconference, the
review documents, agenda and other materials will be accessible through
the calendar link on the blue navigation bar at http://www.epa.gov/casac/.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.
    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to EPA. Members of the
public can submit comments for a federal advisory committee to consider
as it develops advice for EPA. Interested members of the public may
submit relevant written or oral information on the topic of this
advisory activity, and/or the group conducting the activity, for the
CASAC to consider during the advisory process. Input from the public to
the CASAC will have the most impact if it provides specific scientific
or technical information or analysis for CASAC panels to consider or if
it relates to the clarity or accuracy of the technical information.
Members of the public wishing to provide comment should contact the DFO
directly.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public teleconference will be limited to three
minutes. Each person making an oral statement should consider providing
written comments as well as their oral statement so that the points
presented orally can be expanded upon in writing. Interested parties
should contact Dr. Sue Shallal, DFO, in writing (preferably via email)
at the contact information noted above by November 17, 2015 to be
placed on the list of public speakers.
    Written Statements: Written statements should be supplied to the
DFO via email at the contact information noted above by November 17,
2015 so that the information may be made available to the Panel members
for their consideration. It is the SAB Staff Office general policy to
post written comments on the Web page for the advisory meeting or
teleconference. Submitters are requested to provide an unsigned version
of each document because the SAB Staff Office does not publish
documents with signatures on its Web sites. Members of the public
should be aware that their personal contact information, if included in
any written comments, may be posted to the CASAC Web site. Copyrighted
material will not be posted without explicit permission of the
copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Sue Shallal at the
contact information provided above. To request accommodation of a
disability, please contact Dr. Shallal preferably at least ten days
prior to the teleconference to give EPA as much time as possible to
process your request.

    Dated: October 15, 2015.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Staff Office.
[FR Doc. 2015-27160 Filed 10-23-15; 8:45 am]
BILLING CODE 6560-50-P