[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Rules and Regulations]
[Pages 56834-56837]
[FR Doc No: 2013-22431]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0811]
RIN 1625-AA00

Safety Zone; Patapsco River, Northwest and Inner Harbors;
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone upon
certain waters of the Patapsco River, Northwest Harbor and Inner Harbor
during the movement of the historic sloop-of-war USS CONSTELLATION on
September 26, 2013. If necessary, due to inclement weather, the event
will be rescheduled for October 3, 2013. This action is necessary to
provide for the safety of life on navigable waters during the tow of
the vessel from its berth at the Inner Harbor in Baltimore, Maryland,
to a point on the Patapsco River near the Fort McHenry National
Monument and Historic Shrine in Baltimore, Maryland, and its return.
This action will restrict vessel traffic in portions of the Patapsco
River, Northwest Harbor, and Inner Harbor during the event.

DATES: This rule is effective from September 26, 2013 through October
3, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0811]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This rule involves the USS CONSTELLATION ``turn-around'' cruise, an
event that takes place in Baltimore, Maryland. A permanent safety zone
for this rule, with an enforcement period from 2 p.m. through

7 p.m. local time annually on the Thursday before Memorial Day, has
been published and is detailed at Title 33 Code of Federal Regulations,
Section 165.512. However, due to a change in scheduling, the event this
year is planned for September 26, 2013. If necessary, due to inclement
weather, the event will be rescheduled for October 3, 2013. The event
is scheduled to start at 9 a.m. and the event location remains
unchanged.
    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule due to the short time period between event
planners notifying the Coast Guard of details concerning the event, on
August 23, 2013, and publication of this safety zone. As such, it is
impracticable to provide a full comment period due to lack of time.
Furthermore, delaying the effective date of this safety zone would be
contrary to the public interest given the high risk of injury and
damage during a movement of a historic sloop-of-war being towed in
confined waters during the boating season in Baltimore, Maryland.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels,
and enhancing public and maritime safety.

B. Basis and Purpose

    Historic Ships in Baltimore is planning to conduct its ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in
Baltimore, Maryland on September 26, 2013. Planned events include a
three-hour, round-trip tow of the USS CONSTELLATION in the Port of
Baltimore, consisting of an onboard salute with navy pattern cannon
while the historic vessel is positioned off the Fort McHenry National
Monument and Historic Site. Beginning at 9 a.m., the historic Sloop-of-
War USS CONSTELLATION will be towed ``dead ship,'' which means that the
vessel will be underway without the benefit of mechanical or sail
propulsion. The return dead ship tow of the USS CONSTELLATION to its
berth in the Inner Harbor is expected to occur immediately upon
execution of a tug-assisted ``turn-around'' of the USS CONSTELLATION on
the Patapsco River near Fort McHenry. The Coast Guard anticipates a
large recreational boating fleet during this event, scheduled in
Baltimore, Maryland. Operators should expect significant vessel
congestion along the planned route. In the event of inclement weather,
the ``turn-around'' will be rescheduled for October 3, 2013.
    To address safety concerns during the event, the Captain of the
Port Baltimore will establish a safety zone upon certain waters of the
Patapsco River, Northwest Harbor and Inner Harbor. The safety zone will
help the Coast Guard provide a clear transit route for the
participating vessels, and provide a safety buffer around the
participating vessels while they are in transit. Due to the need to
promote maritime safety and protect participants and the boating public
in the Port of Baltimore immediately prior to, during, and after the
scheduled event, a safety zone is prudent.

C. Discussion of the Final Rule

    Through this regulation, the Coast Guard will establish a safety
zone. The safety zone will be in effect from 8 a.m. until 1 p.m. on
September 26, 2013, and, if necessary due to inclement weather, from 8
a.m. until 1 p.m. on October 3, 2013. The safety zone will include all
navigable waters within 200 yards ahead of and 100 yards outboard or
aft of the historic Sloop-of-War USS CONSTELLATION while operating in
the Inner Harbor, the Northwest Harbor and the Patapsco River. This
location is entirely within the Area of Responsibility of the Captain
of the Port Baltimore, as set forth at 33 CFR 3.25-15.
    This rule requires any unauthorized persons in the regulated area
at the time this safety zone is in effect to immediately proceed out of
the zone. Except for USS CONSTELLATION ``turn-around'' participants,
and vessels at berth, mooring, or at anchor, this rule temporarily
requires all vessels in the designated safety zone as defined by this
rule to immediately depart the safety zone. Entry into this safety zone
is prohibited, unless specifically authorized by the Captain of the
Port Baltimore. U.S. Coast Guard personnel will be provided to prevent
the movement of unauthorized persons into the zone. Federal, state, and
local agencies may assist the Coast Guard in the enforcement of this
rule. The Coast Guard will issue Notices to Mariners to further
publicize the safety zone and notify the public of changes in the
status of the zone. Such notices will continue until the event is
complete.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this safety
zone restricts vessel traffic through the affected area, the effect of
this regulation will not be significant due to the limited size and
duration that the regulated area will be in effect. In addition,
notifications will be made to the maritime community via marine
information broadcasts so mariners may adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to operate or transit through or within the safety zone
during the enforcement period. The safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. The safety zone is of limited size and

duration. Smaller vessels not constrained by their draft, which are
more likely to be small entities, may transit around the safety zone.
Maritime advisories will be widely available to the maritime community
before the effective period.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add temporary Sec.  165.T05-0811 to read as follows:

Sec.  165.T05-0811  Safety Zone; Patapsco River, Northwest and Inner
Harbors; Baltimore, MD.

    (a) Regulated area. The following location is a safety zone: All
waters within 200 yards ahead of and 100 yards outboard or aft of the
historic Sloop-of-War USS CONSTELLATION while operating in the Inner
Harbor, the Northwest Harbor and the Patapsco River.
    (b) Definitions. As used in this section:
    (1) ``Captain of the Port Baltimore'' means the Commander, U.S.
Coast Guard Sector Baltimore, Maryland.
    (2) ``Designated representative'' means any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port Baltimore to assist in enforcing the safety zone
described in paragraph (a) of this section.

    (3) ``USS CONSTELLATION ``turn-around'' participants'' means the
USS CONSTELLATION, its support craft and the accompanying towing
vessels.
    (c) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0811.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) With the exception of USS CONSTELLATION ``turn-around''
participants, entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. Vessels
already at berth, mooring, or anchor at the time the safety zone is
implemented do not have to depart the safety zone. All vessels underway
within this safety zone at the time it is implemented are to depart the
zone.
    (3) Persons desiring to transit the area of the safety zone must
first request authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number<PHONE_NUMBER> or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio, VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
lights, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (d) Enforcement period. This section will be enforced from 8 a.m.
through 1 p.m. on September 26, 2013, and, if necessary due to
inclement weather, from 8 p.m. through 1 p.m. on October 3, 2013.

    Dated: August 30, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-22431 Filed 9-13-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Rules and Regulations]
[Pages 64305-64306]
[FR Doc No: 2014-24558]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0285; Directorate Identifier 2014-NM-035-AD;
Amendment 39-17990; AD 2012-26-15 R1]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Air Data
Pressure Transducers

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

ACTION: Final rule; removal.

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SUMMARY: We are removing Airworthiness Directive (AD) 2012-26-15, which
applied to certain Honeywell International Inc. air data pressure
transducers as installed on various aircraft. AD 2012-26-15 required
doing various tests or checks of equipment having certain air data
pressure transducers, removing equipment if necessary, and reporting
the results of the tests or checks. As an option to the tests or
checks, AD 2012-26-15 allowed removal of affected equipment having
certain air data pressure transducers. We issued AD 2012-26-15 to
detect and correct inaccuracies of the pressure sensors, which could
result in altitude, computed airspeed, true airspeed, and Mach
computation errors. AD 2012-26-15 reported that these errors could
reduce the ability of the flightcrew to maintain the safe flight of the
aircraft and could result in consequent loss of control of the
aircraft. Since we issued AD 2012-26-15, we have received new data
indicating that the safety risk is lower than originally estimated.

DATES: This AD becomes effective December 3, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0285; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sreekant Sarma, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Honeywell
International Inc. air data pressure transducers as installed on
various aircraft. The NPRM published in the Federal Register on May 28,
2014 (79 FR 30498). The NPRM was prompted by new data indicating that
the safety risk is lower than originally estimated. The NPRM proposed
to remove AD 2012-26-15, Amendment 39-17310 (78 FR 1735, January 9,
2013).

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Boeing concurred with the NPRM (79 FR 30498, May 28, 2014).

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 30498, May 28, 2014); and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 30498, May 28, 2014).

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.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0285; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, any
comments received, and other information. The street address for the
Docket Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section.

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 removing Airworthiness Directive (AD)
2012-26-15, Amendment 39-17310 (78 FR 1735, January 9, 2013), and
adding the following new AD:

2012-26-15 R1 Honeywell International Inc.: Amendment 39-17990;
Docket No. FAA-2014-0285; Directorate Identifier 2014-NM-035-AD.

(a) Effective Date

    This AD becomes effective December 3, 2014.

(b) Affected ADs

    This action rescinds AD 2012-26-15, Amendment 39-17310 (78 FR
1735, January 9, 2013).

(c) Applicability

    This action applies to air data pressure transducers, as
installed in air data computers (ADC), air data modules (ADM), air
data attitude heading reference systems (ADAHRS), and digital air
data computers (DADC) having the part numbers and serial numbers
identified in Honeywell Alert Service Bulletin ADM/ADC/ADAHRS-34-
A01, dated November 6, 2012. This appliance is installed on, but not
limited to, the aircraft specified in paragraphs (c)(1) through
(c)(16) of this AD.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.
    (5) Airbus Model A330-223F, -243F, -201, -202, -203, -223, -243,
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.
    (6) Airbus Model A340-211, -212, -213, -311, -312, -313, -541,
and -642 airplanes.
    (7) AGUSTA S.p.A. Model AW139 helicopters.
    (8) Bell Helicopter Textron Canada Limited Model 429
helicopters.
    (9) The Boeing Company Model 767-200, -300, -300F, and -400ER
series airplanes; and Model 777-200, -200LR, -300, -300ER, and 777F
series airplanes.
    (10) Cessna Aircraft Company Model 560XL (560 Excel and 560 XLS)
airplanes.
    (11) Dassault Aviation Model MYSTERE-FALCON 900 airplanes and
Model FALCON 2000 airplanes.
    (12) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-
135BJ airplanes.
    (13) Gulfstream Aerospace Corporation Model GIV-X and GV-SP
airplanes.
    (14) Learjet Inc. Model 45 airplanes.
    (15) PILATUS AIRCRAFT LTD. Model PC-12/47E airplanes.
    (16) Viking Air Limited (Type Certificate previously held by
Bombardier Inc.; de Havilland, Inc.) Model (Twin Otter) DHC-6-400
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

    Issued in Renton, Washington, on September 23, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-24558 Filed 10-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64346-64353]
[FR Doc No: 2015-26159]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0562: FRL-9935-48-Region 10]

Approval and Promulgation of Implementation Plans; Oregon: Lane
Regional Air Protection Agency Open Burning Rules and Oregon Department
of Environmental Quality Enforcement Procedures

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving into
Oregon's State Implementation Plan (SIP) a submittal from the Oregon
Department of Environmental Quality (ODEQ) dated July 7, 2014,
containing revisions to the Lane Regional Air Protection Agency's
(LRAPA) open burning rules adopted on March 14, 2008. The revised LRAPA
open burning rules make clarifications and provide for additional
controls of open burning activities in Lane County, would reduce
particulate emissions in Lane County, and would strengthen Oregon's
SIP. The EPA is also approving a submittal from the ODEQ dated June 30,
2014, to update Oregon Administrative Rules (OAR) that relate to
procedures in contested cases (appeals), enforcement procedures, and
civil penalties. The EPA is approving most of the submitted provisions
because the revisions clarify and strengthen the SIP and are consistent
with the Clean Air Act (CAA). The EPA is not approving certain
provisions of the submitted rules that do not relate to the
requirements for SIPs under section 110 of the CAA. Finally, the EPA is
correcting the SIP pursuant to the authority of section 110(k)(6) of
the CAA to remove certain provisions previously approved by the EPA
that do not relate to the requirements for SIPs under section 110 of
the CAA.

DATES: This rule is effective on December 22, 2015, without further
notice, unless the EPA receives adverse comment by November 23, 2015.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2014-0562, by any of the following methods:
     Federal eRulemaking Portal http://www.regulations.gov:
Follow the on-line instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Mail: Mr. Keith Rose, EPA Region 10, Office of Air, Waste,
and Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Attention: Mr. Keith Rose, Office of Air,
Waste, and Toxics, AWT-150. Such deliveries are only

accepted during normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2014-0562. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through http://www.regulations.gov your email 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, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption, and
be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available at http://www.regulations.gov or at EPA Region
10, Office of Air, Waste, and Toxics, AWT-107, 1200 Sixth Avenue,
Seattle, Washington 98101. The EPA requests that you contact the person
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keith A. Rose at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Introduction
II. EPA Evaluation of the Submittals
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Introduction

    Title I of the CAA specifies the general requirements for states to
submit SIPs to attain and maintain the National Ambient Air Quality
Standards (NAAQS) and the EPA's actions regarding approval of those
SIPs. The EPA received a submittal from the ODEQ on July 7, 2014
requesting that the EPA approve into the Oregon SIP the revisions to
the LRAPA open burning rules (title 47) adopted on March 14, 2008. In
general, the revised LRAPA open burning rules make clarifications and
provide for additional controls of open burning activities in Lane
County. The EPA also received a submittal from the ODEQ on June 30,
2014 that updates Oregon Administrative Rules (OAR) Chapter 340,
Division 11, Rules of General Applicability and Organization, relating
to contested cases (appeals of ODEQ actions) and OAR Chapter 340,
Division 12, Enforcement Procedures and Civil Penalties. These
divisions apply across all programs implemented by the ODEQ, including
the air quality regulations that the EPA has approved into the SIP.
    The July 7, 2014 and June 30, 2014 SIP submittals also contain
amendments to OAR<PHONE_NUMBER>. This rule describes the State's
procedures for adopting its SIP and references all of the state air
regulations that have been adopted by the ODEQ for approval into the
SIP (as a matter of state law), whether or not they have yet been
submitted to or approved by the EPA.

II. EPA Evaluation of the Submittals

A. LRAPA Title 47, Open Burning (July 7, 2014 Submittal)

    LRAPA made numerous revisions throughout title 47, Open Burning.
The key substantive changes are discussed below. A more detailed
evaluation of the revisions to LRAPA's open burning rules is in the
docket for this action. As discussed below, the EPA proposes to find
that, overall, the revised rules will provide for additional controls
for open burning activities in Lane County, reduce particulate
emissions in Lane County, and strengthen Oregon's SIP.
1. Exemptions
    LRAPA made several revisions to the types of open burning exempt
from regulation and added one new exemption category. Although
residential barbequing remains exempt, LRAPA has clarified that certain
prohibited materials, such as garbage or plastic, may not be burned as
fuel. The exemption for residential fires for recreational purposes has
been narrowed by prohibiting the use of yard waste as fuel and
prohibiting such fires altogether on yellow and red home wood heating
advisory days called by LRAPA in the winter months within the Eugene/
Springfield Urban Growth Boundary (ESUGB) and within the city limits of
Oakridge. Religious ceremonial fires have been added as a new category
of fires exempt from title 47. See LRAPA 47-005-2.C and 47-010
(definition of ``religious ceremonial fires''). LRAPA expects religious
ceremonial fires to occur infrequently and the definition requires that
such fires be controlled, be ``integral to a religious ceremony or
ritual,'' and that prohibited materials not be burned. Given the narrow
scope of this exemption, that the exemptions from title 47 have
otherwise been narrowed, and that the other revisions to title 47
generally strengthen the prohibitions on open burning, the EPA finds
that the new exemption for religious ceremonial fires will not
interfere with attainment or maintenance of the NAAQS or any other
applicable requirement of the CAA. The EPA therefore approves the
revisions to LRAPA 47-005, Exemptions from these Rules.
2. Definitions
    The following definitions in LRAPA 47-010 have been revised:
Agricultural open burning, commercial wastes, construction wastes,
construction open burning, demolition wastes, demolition open burning,
Eugene-Springfield Urban Growth Boundary, industrial open burning, and
industrial waste. In general, the revisions to these definitions
clarify the types of burn and waste categories. For example, through
revisions to the definitions of construction waste, demolition waste,
and commercial waste, it is now clear that wastes transported offsite
are considered commercial waste even if the waste might otherwise meet
the definition of construction or demolition waste. Because
requirements for the open burning of commercial waste are generally
more restrictive, these clarifications make the rules more

stringent. These changes to definitions also make clear that materials
included in the list of prohibited materials in LRAPA 47-015-1.E cannot
be burned even if the material otherwise meets the specified
definition. Again, these revisions make the rules more stringent.
    Definitions have been added to LRAPA 47-010 for agricultural
operation, agricultural waste, bonfire, forest slash open burning,
nuisance, recreational fire, religious ceremonial fire, and salvage.
The new definition of ``religious ceremonial fire'' is discussed above
in Section II.A.1 and the new definition of ``forest slash opening
burning'' is discussed in Section II.A.3 below. In general, the other
new definitions clarify the meaning of terms previously used in the
rules and thus enhance the enforceability of the rules.
    Because the revised and new definitions in LRAPA 47-010 either
increase the stringency of the rules or provide clarification to
enhance enforceability, the EPA approves revisions to LRAPA 47-010
except for the definition of ``nuisance,'' which is discussed in more
detail in Section II.A.5 below.
    Note that the introductory language in LRAPA 47-010 references
title 12 of the LRAPA regulations for additional definitions. Proposed
revisions to title 12 were included in a SIP submission that the EPA
received on August 28, 2014. The present action does not address those
revisions. The EPA will be acting on that submission in a future
action.
3. Open Burning Requirements
    LRAPA 47-015 contains most of the requirements for open burning,
with general requirements to be met for all open burning and specific
requirements for residential open burning, construction and demolition
open burning, commercial open burning, industrial open burning, and a
new category, forest slash open burning.
    Requirements for residential open burning have been made more
stringent in a number of respects. The ending times for open burns are
now set by a LRAPA burning advisory, rather than automatically
extending until sunset. All open burning remains prohibited within the
city of Eugene, and the prohibition on open burning within the city of
Springfield has been expanded so that the burning of woody yard
trimmings on lots of a half acre or more is now only allowed between
March 1 through June 15 and October 1 through October 31, rather than
from October 1 to June 15. The period of allowed residential open
burning outside of the Eugene and Springfield city limits but within
the ESUGB has similarly been narrowed. The Hazeldell and Siuslaw fire
districts have been added to the list of fire districts that must
comply with the open burning requirements for fire districts, which
include the prohibition on burning construction/demolition debris
unless authorized by a letter permit. Therefore, the conditions for
open burning in the two newly added fire districts are now more
stringent. Finally, a new section restricts residential open burning of
woody yard trimmings, leaves and grass in Lane County outside of the
affected areas identified in LRAPA 47-015-2.B-F to approved burn days
from October 1 through June 15, instead of year around. There have been
no substantive changes to the requirements for construction and
demolition open burning, commercial open burning, or industrial open
burning.
    A new section has been added to specifically address forest slash
open burning. LRAPA 47-015-6.A confirms that forest slash open burning
in areas covered by the Oregon Smoke Management Plan is regulated by
the Oregon Department of Forestry under ORS 477.515 and not under LRAPA
title 47. Such burning is already specifically exempt from LRAPA title
47 under the current SIP. See LRAPA 47-005-1.D.
    LRAPA 47-015-6.B addresses forest slash open burning in Lane County
outside of areas covered by the Oregon Smoke Management Plan. Forest
slash open burning in such areas is now expressly prohibited within the
ESUGB. Forest slash open burning is also prohibited unless authorized
by a letter permit under LRAPA 47-020, in the fire districts identified
in LRAPA 47-015-2.F and other properties not covered by the Oregon
Smoke Management Plan. Maps provided by LRAPA show that there is very
limited forest land in Lane County that is not covered by the Smoke
Management Plan, and would therefore be covered by the LRAPA forest
slash open burning rules.
    Any slash burning in Lane County must now be coordinated with the
South Cascade and Western Lane districts, and be consistent with slash
burning advisories issued by Oregon Department of Forestry. In
addition, under LRAPA 47-020-1, letter permits for such forest slash
open burning can only be issued on a singly occurring or infrequent
basis. According to LRAPA, forest slash open burning was not previously
expressly regulated under title 47 prior to 1995. Seen in that light,
the regulation of forest slash open burning on land not covered by the
Oregon Smoke Management Plan would be an increase in the stringency of
the Oregon SIP. The EPA considers the language in LRAPA 47-001 (``all
open burning is prohibited in Lane County except as expressly allowed
by these rules or if exempted from these rules by Oregon Statute''),
which is currently approved in the SIP, however, as potentially
prohibiting forest open slash burning on land that is not covered by
the Oregon Smoke Management Plan. In that respect, authorizing forest
slash open burning through a letter permit under certain conditions
could be considered less stringent than the current SIP. In any event,
given the many other provisions of this SIP revision that make the SIP
more stringent, that only one instance of such open slash burning has
been issued a letter permit by LRAPA since 1995, the factors considered
by LRAPA and findings LRAPA must make in issuing a letter permit for
forest slash open burning in LRAPA 47-020-5 and -6, the EPA concludes
that allowing this narrow category of open burning will not interfere
with attainment and maintenance of the NAAQS or any other applicable
requirement of the CAA. Accordingly, with the exception of LRAPA 47-
015-6(B)(5), discussed in Section II.A.5 below, the EPA approves the
revisions to LRAPA 47-015, Open Burning Requirements, because the
revisions increase the overall stringency of the restrictions on open
burning.
4. Letter Permits
    LRAPA 47-020 authorizes certain types of open burning under letter
permits issued by LRAPA. As discussed in Section II.A.3 above, this
section has been amended to add forest slash burning for a single
occurrence or on an infrequent basis to the list of the categories of
open burning that may be allowed by a letter permit issued by LRAPA. It
has also been amended to authorize issuance of letter permits for a
bonfire held for a single event. The EPA finds that the potential
increase in emissions that would result from these infrequent
activities would be de minimis in light of the other restrictions on
open burning imposed by the other revisions to title 47 in this SIP
submittal.
    LRAPA 47-020-5 contains a list of factors to be considered by LRAPA
in determining whether to issue a letter permit. This provision has
been amended to allow LRAPA to consider as an alternative disposal
method whether waste materials can be salvaged.
    Because the availability of alternative disposal options mitigates
against authorizing open burning under LRAPA's rules, see LRAPA 47-001,
expanding the list of what can be

considered as an alternative disposal method makes the rules more
stringent.
    With the exception of certain provisions discussed below in Section
II.A.5 that do not relate to the requirements of section 110 of the
CAA, the EPA approves the revisions to LRAPA 47-020 because the
revisions do not interfere with attainment and maintenance of the NAAQS
or any other applicable requirement of the CAA.
5. Summary Table
    LRAPA has removed the table is section 47-030, Summary of Seasons,
Areas, and Permit Requirements for Open Burning. This table was a
summary of the text explaining what type of burning was allowed in each
area of Lane County. Removing this table has no impact on the
stringency of the rule.
6. Rules Not Approved or Being Removed From the SIP
    Title 47 contains several provisions, both previously approved by
the EPA into the Oregon SIP, and newly enacted or revised provisions,
that relate to nuisance, fire safety, or environmental issues that do
not relate to air quality. The EPA's authority to approve SIPs extends
to provisions related to attainment and maintenance of the NAAQS and
carrying out other specific requirements of section 110 of the CAA.
Section 110(k)(6) of the CAA authorizes the EPA, upon a determination
that the EPA's action approving, disapproving or promulgating any SIP
or plan revision (or any part thereof) was in error, to revise such
action as appropriate.
    In this action, the EPA is not approving into the SIP and is
removing from the SIP the following provisions of title 47 that do not
relate to attainment and maintenance of the NAAQS or the other
requirements of section 110 the CAA: The definition of ``nuisance'' in
LRAPA 47-010; LRAPA 47-015-1.D (currently in the SIP); LRAPA 47-015-
1.H; LRAPA 47-015-6.B(5); LRAPA 47-020-3 (currently in the SIP); LRAPA
47-020-9.I; LRAPA 47-020-10 (first sentence currently in the SIP).

B. ODEQ Chapter 340, Divisions 11 and 12 (June 30, 2014 Submittal)

1. Division 11, Rules of General Applicability and Organization
    Oregon's June 30, 2014 submittal revises OAR Chapter 340, Division
11, to align with the Oregon Attorney General Model Rules, which
address procedures for filing and serving documents in contested cases
(appeals of ODEQ actions). These rule revisions were adopted by Oregon
on December 11, 2013 and became effective on January 6, 2014. The rules
were revised to improve the clarity and completeness of contested case
appeals coming before the Environmental Quality Commission.
    Division 11 provides authority needed for implementing the SIP and
is consistent with the CAA requirements for the issuance of permits and
enforcement authority. The EPA is therefore approving the revisions to
Division 11 submitted by the ODEQ, subject to the qualifications
discussed below in Section III.
2. Division 12, Enforcement Procedures and Civil Penalties
    Division 12 contains enforcement procedures and civil penalty
provisions that apply across all programs implemented by the ODEQ,
including the air quality regulations that the EPA has approved into
the SIP. Division 12 provides the authority and procedures under which
the ODEQ notifies regulated entities of violations, determines the
appropriate penalties for violations, and assesses penalties for such
violations. The revisions to Division 12 made by the ODEQ implement
legislative increases in statutory maximum penalties, align violation
classifications and magnitudes with ODEQ program priorities, provide
greater mitigating credit for correcting violations, and make minor
housekeeping changes.
    The EPA has reviewed the revisions to OAR Chapter 340, Division 12
and finds that these rules continue to provide the ODEQ with adequate
authority for enforcing the SIP as required by section 110 of the Clean
Air Act and 40 CFR 50.230(b). Importantly, OAR<PHONE_NUMBER>(1) gives
the ODEQ the discretion to increase a base penalty to that derived
using the next highest penalty matrix value and OAR<PHONE_NUMBER>(4)
gives the ODEQ the discretion to deviate from the penalty matrices and
assess penalties of $25,000 per day, per violation based on the facts
and circumstances of the individual case. The EPA therefore approves
into the SIP the revisions to Division 12 submitted by the ODEQ,
subject to the qualifications discussed below in Section III.

III. Final Action

    The EPA is taking the following action on the revisions to LRAPA
title 47, Open Burning, adopted on May 14, 2008, and submitted to the
EPA by the ODEQ on July 7, 2014. We approve the revisions to the
following sections except as identified below: 47-001, General Policy;
47-005, Exemptions from These Rules; 47-010, Definitions; 47-015, Open
Burning Requirements; and 47-020, Letter Permits. As discussed in
Section II.A.5 above, because the EPA's authority to approve SIPs
extends to provisions related to attainment and maintenance of the
NAAQS and carrying out other specific requirements of section 110 of
the CAA, we are not approving into the SIP and are removing from the
SIP under the authority of CAA section 110(k)(6) the following
provisions: The definition of ``nuisance'' in LRAPA 47-010; LRAPA 47-
015-1.D (currently in the SIP); LRAPA 47-015-1.H; LRAPA 47-015-6.B(5);
LRAPA 47-020-3 (currently in the SIP); LRAPA 47-020-9.I; LRAPA 47-020-
10 (first sentence currently in the SIP).
    The EPA also approves revisions to OAR Chapter 340, Division 11,
adopted on December 11, 2013 and submitted by the ODEQ on June 30,
2014. The EPA is approving this division, however, only to the extent
it relates to implementation of requirements contained in the Oregon
SIP. The EPA is not incorporating these rules by reference into the
Code of Federal Regulations, however, because the EPA relies on its
independent administrative and enforcement procedures under the CAA.
    The EPA also approves revisions to OAR Chapter 340, Division 12,
adopted on December 11, 2013 and submitted by the ODEQ on June 30,
2014, except for the following provisions that do not relate to air
emissions and were not submitted by the ODEQ for approval: OAR 340-012-
0027,\1\ -0055, -0060, -0065, -0066, -0067, -0068, -0071, -0072, -0073,
-0074, -0079, -0081, -0082, -0083, -0097. In addition, the EPA is
approving the remaining sections in Chapter 340, Division 12, only to
the extent they relate to enforcement of requirements contained in the
Oregon SIP. Again, the EPA is not incorporating these rules by
reference into the Code of Federal Regulations, however, because the
EPA relies on its independent enforcement procedures and penalty
provisions in bringing enforcement actions and assessing penalties
under the CAA.
---------------------------------------------------------------------------

    \1\ No such citation appears in Division 12, but these
provisions have not been submitted by the ODEQ in any event.
---------------------------------------------------------------------------

    The EPA is not approving the revisions to OAR<PHONE_NUMBER> in these
SIP submittals because these provisions address state SIP adoption
procedures and because the Federally-approved SIP consists only of
regulations and other requirements that have been submitted by the ODEQ
and approved by the EPA.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference the ODEQ regulations
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).

V. Statutory and Executive Orders 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, the 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 2015. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. 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, Intergovernmental
relations, Incorporation by reference, Particulate matter, Reporting,
and recordkeeping requirements.

    Dated: September 25, 2015.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons stated in the preamble, 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 MM--Oregon

0
2. Section 52.1970 is amended:
0
a. In paragraph (c) Table 4--EPA Approved Lane Regional Air Protection
Agency (LRAPA) Rules for Oregon by:
0
i. Revising entries 47-001, 47-005, 47-010, 47-015, and 47-020.
0
ii. Removing the entry 47-030.
0
b. In paragraph (e) table titled ``Oregon Administrative Rules
Approved, But Not Incorporated By Reference'' by:
0
i. Revising entry 011-0005.
0
ii. Adding entries 011-0010, 011-0024, 011-0029, 011-0046, 011-0053,
011-0061, 011-0310, 011-0330, 011-0340, 011-0360, 011-0370, 011-0380,
011-0390, and 011-0500 in numerical order.
0
iii. Revising entries 011-0510 and 011-0515.
0
iv. Adding entries 011-0520, 011-0525, 011-0530, 011-0535, 011-0540,
011-0545, 011-0550, 011-0555, 011-0565, and 011-0570 in numerical
order.
0
v. Revising entries 011-0573 and 011-0575.
0
vi. Adding entries 011-0580 and 011-0585 in numerical order.
0
vii. Revising entries 012-0026, 012-0028, 012-0030, 012-0038, 012-0041,
012-0045, 012-0053, 012-0054, 012-0130, 012-0135, 012-0140, 012-0145,
012-0150, 012-0155, 012-0160, 012-0162, 012-0165, and 012-0170.
    The revisions and additions read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

               Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon
----------------------------------------------------------------------------------------------------------------
                                                         State
       LRAPA citation            Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Title 47--Rules for Open Outdoor Burning
----------------------------------------------------------------------------------------------------------------
47-001.....................  General Policy.......       3/14/2008  10/23/2015, [Insert    .....................
                                                                     Federal Register
                                                                     citation].
47-005.....................  Exemptions from these       3/14/2008  10/23/2015, [Insert    .....................
                              Rules.                                 Federal Register
                                                                     citation].
47-010.....................  Definitions..........       3/14/2008  10/23/2015, [Insert    Except the definition
                                                                     Federal Register       of ``nuisance''.
                                                                     citation].
47-015.....................  Open Burning                3/14/2008  10/23/2015, [Insert    Except 1.D, 1.H, and
                              Requirements.                          Federal Register       6.B(5).
                                                                     citation].
47-020.....................  Letter Permits.......       3/14/2008  10/23/2015, [Insert    Except 3, 9.I, and
                                                                     Federal Register       10.
                                                                     citation].

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

* * * * *
    (e) EPA Approved Nonregulatory provisions and Quasi-Regulatory
Measures.

                     Oregon Administrative Rules, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                         State
       State citation            Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
                          Division 11--Rules of General Applicability and Organization
----------------------------------------------------------------------------------------------------------------
011-0005...................  Definitions..........        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0010...................  Notice of Rulemaking.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0024...................  Rulemaking Process...        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0029...................  Policy on Disclosure         1/6/2014  10/23/2015, [Insert
                              of the Relationship                    Federal Register
                              Between Proposed                       citation].
                              Rules and Federal
                              Requirements.
011-0046...................  Petition to                  1/6/2014  10/23/2015, [Insert
                              Promulgate, Amend,                     Federal Register
                              or Repeal Rule:                        citation].
                              Content of Petition,
                              Filing or Petition.
011-0053...................  Periodic Rule Review.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0061...................  Declaratory Ruling:          1/6/2014  10/23/2015, [Insert
                              Institution of                         Federal Register
                              Proceedings,                           citation].
                              Consideration of
                              Petition and
                              Disposition of
                              Petition.
011-0310...................  Purpose..............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0330...................  Requests for Review          1/6/2014  10/23/2015, [Insert
                              or to Obtain Copies                    Federal Register
                              of Public Records.                     citation].
011-0340...................  Costs for Record             1/6/2014  10/23/2015, [Insert
                              Review and Copying.                    Federal Register
                                                                     citation].
011-0360...................  Collecting Fees......        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0370...................  Certification of             1/6/2014  10/23/2015, [Insert
                              Copies of Records.                     Federal Register
                                                                     citation].
011-0380...................  Fee Waivers and              1/6/2014  10/23/2015, [Insert
                              Reductions.                            Federal Register
                                                                     citation].
011-0390...................  Exempt Records.......        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0500...................  Contested Case               1/6/2014  10/23/2015, [Insert
                              Proceedings                            Federal Register
                              Generally.                             citation].
011-0510...................  Agency Representation        1/6/2014  10/23/2015, [Insert
                              by Environmental Law                   Federal Register
                              Specialist.                            citation].

011-0515...................  Authorized                   1/6/2014  10/23/2015, [Insert
                              Representative of a                    Federal Register
                              Participant other                      citation].
                              than a Natural
                              Person in a
                              Contested Case
                              Hearing.
011-0520...................  Liability for the            1/6/2014  10/23/2015, [Insert
                              Acts of a Person's                     Federal Register
                              Employees.                             citation].
011-0525...................  Service and Filing of        1/6/2014  10/23/2015, [Insert
                              Documents.                             Federal Register
                                                                     citation].
011-0530...................  Requests for Hearing.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0535...................  Final Orders by              1/6/2014  10/23/2015, [Insert
                              Default.                               Federal Register
                                                                     citation].
011-0540...................  Consolidation or             1/6/2014  10/23/2015, [Insert
                              Bifurcation of                         Federal Register
                              Contested Case                         citation].
                              Hearings.
011-0545...................  Burden and Standard          1/6/2014  10/23/2015, [Insert
                              of Proof in                            Federal Register
                              Contested Case                         citation].
                              Hearings; DEQ
                              Interpretation of
                              Rules and Statutory
                              Terms.
011-0550...................  Discovery............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0555...................  Subpoenas............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0565...................  Immediate Review.....        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
011-0570...................  Permissible Scope of         1/6/2014  10/23/2015, [Insert
                              Hearing.                               Federal Register
                                                                     citation].
011-0573...................  Proposed Orders in           1/6/2014  10/23/2015, [Insert
                              Contested Cases.                       Federal Register
                                                                     citation].
011-0575...................  Review of Proposed           1/6/2014  10/23/2015, [Insert
                              Orders in Contested                    Federal Register
                              Cases.                                 citation].
011-0580...................  Petitions for                1/6/2014  10/23/2015, [Insert
                              Reconsideration or                     Federal Register
                              Rehearing.                             citation].
011-0585...................  Petitions for a Stay         1/6/2014  10/23/2015, [Insert
                              of the Effect of a                     Federal Register
                              Final Order.                           citation].
----------------------------------------------------------------------------------------------------------------
                             Division 12--Enforcement Procedure and Civil Penalties
----------------------------------------------------------------------------------------------------------------
012-0026...................  Policy...............        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
012-0028...................  Scope of                     1/6/2014  10/23/2015, [Insert
                              Applicability.                         Federal Register
                                                                     citation].
012-0030...................  Definitions..........        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
012-0038...................  Warning Letters, Pre-        1/6/2014  10/23/2015, [Insert
                              Enforcement Notices                    Federal Register
                              and Notices of                         citation].
                              Permit Violation.
012-0041...................  Formal Enforcement           1/6/2014  10/23/2015, [Insert
                              Actions.                               Federal Register
                                                                     citation].
012-0045...................  Civil Penalty                1/6/2014  10/23/2015, [Insert
                              Determination                          Federal Register
                              Procedure.                             citation].
012-0053...................  Classification of            1/6/2014  10/23/2015, [Insert
                              Violations that                        Federal Register
                              Apply to all                           citation].
                              Programs.
012-0054...................  Air Quality                  1/6/2014  10/23/2015, [Insert
                              Classification of                      Federal Register
                              Violations.                            citation].
012-0130...................  Determination of             1/6/2014  10/23/2015, [Insert
                              Violation Magnitude.                   Federal Register
                                                                     citation].
012-0135...................  Selected Magnitude           1/6/2014  10/23/2015, [Insert
                              Categories.                            Federal Register
                                                                     citation].
012-0140...................  Determination of Base        1/6/2014  10/23/2015, [Insert
                              Penalty.                               Federal Register
                                                                     citation].
012-0145...................  Determination of             1/6/2014  10/23/2015, [Insert
                              Aggravating or                         Federal Register
                              Mitigating Factors.                    citation].
012-0150...................  Determination of             1/6/2014  10/23/2015, [Insert
                              Economic Benefit.                      Federal Register
                                                                     citation].
012-0155...................  Additional or                1/6/2014  10/23/2015, [Insert
                              Alternate Civil                        Federal Register
                              Penalties.                             citation].
012-0160...................  DEQ Discretion               1/6/2014  10/23/2015, [Insert
                              Regarding Penalty                      Federal Register
                              Assessment.                            citation].
012-0162...................  Inability to Pay the         1/6/2014  10/23/2015, [Insert
                              Penalty.                               Federal Register
                                                                     citation].

012-0165...................  Stipulated Penalties.        1/6/2014  10/23/2015, [Insert
                                                                     Federal Register
                                                                     citation].
012-0170...................  Compromise or                1/6/2014  10/23/2015, [Insert
                              Settlement of Civil                    Federal Register
                              Penalty by DEQ.                        citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-26159 Filed 10-22-15; 8:45 am]
BILLING CODE 6560-50-P