[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Proposed Rules]
[Pages 51901-51903]
[FR Doc No: 2018-22192]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0879; Airspace Docket No. 18-AGL-24]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Oscoda, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E surface airspace at
Oscoda-Wurtsmith Airport, Oscoda, MI. The FAA is proposing this action
as the result of an airspace review caused by the decommissioning of
the Au Sable VHF omnidirectional range (VOR) navigation aid, which
provided navigation guidance for the instrument procedures at the
airport, as part of the VOR Minimum Operational Network (MON) Program.
The geographic coordinates for the airport in the associated airspace
would also be updated to coincide with the FAA's aeronautical database.
Airspace redesign is necessary for the safety and management of
instrument flight rules (IFR) operations at this airport.

DATES: Comments must be received on or before November 29, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0879; Airspace Docket No. 18-AGL-24, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed

online at http://www.faa.gov/air_traffic/publications/. For further
information, you can contact the Airspace Policy Group, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone:<PHONE_NUMBER>. The Order is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of FAA Order 7400.11C at NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Walter Tweedy Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E surface airspace and Class E airspace areas
extending upward from 700 feet or more above the surface at Oscoda-
Wurtsmith Airport, Oscoda, MI, to support IFR operations at the
airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0879;
Airspace Docket No. 18-AGL-24.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending Class E surface airspace
within a 4.5-mile radius of Oscoda-Wurtsmith Airport, Oscoda, MI by
removing the Au Sable VOR/DME and the associated extension to the
southwest of the airport, due to the decommissioning of the Au Sable
VOR, which provided navigation guidance to the instrument procedures at
the airport, as part of the VOR MON Program.
    Also, the geographic coordinates of the airport in this airspace,
and in Class E airspace extending upward from 700 feet above the
surface, would be adjusted to coincide with the FAA's aeronautical
database.
    Class E airspace designations are published in paragraph 6002 and
6005, respectively, of FAA Order 7400.11C, dated August 13, 2018, and
effective September 15, 2018, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AGL MI E2 Oscoda, MI [Amended]

Oscoda-Wurtsmith Airport, MI
    (Lat. 44[deg]27'06'' N, long. 83[deg]23'39'' W)

    Within a 4.5-mile radius of Oscoda-Wurtsmith Airport.
* * * * *

Paragraph 6005 Airspace Areas Extending Upward From 700 Feet or
More Above the Surface of the Earth.

* * * * *

AGL MI E5 Oscoda, MI [Amended]

Oscoda-Wurtsmith Airport, MI
    (Lat. 44[deg]27'06'' N, long. 83[deg]23'39'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Oscoda-Wurtsmith Airport.

    Issued in Fort Worth, Texas, on October 3, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-22192 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Page 19126]
[FR Doc No: 2018-09256]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Thursday, May 3, 2018.

PLACE:  Closed Commission Hearing Room 10800.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    Commissioner Peirce, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION:  For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.

    Dated: April 26, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-09256 Filed 4-27-18; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: October 31, 2007 (Volume 72, Number 210)]
[Proposed Rules]
[Page 61589-61590]
[DOCID:fr31oc07-31]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0227-200722(b); FRL-8488-4]

Approval and Promulgation of Implementation Plans; North
Carolina: State Implementation Plan Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

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SUMMARY:  EPA is proposing to approve the State Implementation Plan
(SIP) revisions submitted by the State of North Carolina, through the
North Carolina Department of Environment and Natural Resources
(NCDENR), on February 8, 2007. The submittal encompasses revisions to
NCDENR regulations ``General Recordkeeping and Reporting
Requirements,'' ``Bulk Gasoline Terminals,'' and ``Gasoline Truck Tanks
and Vapor Collections.'' This action is being taken pursuant to section
110 of the Clean Air Act (CAA). The intended effect of these revisions
is to clarify certain provisions and to ensure consistency with the
requirements of the CAA. In the Final Rules Section of this Federal
Register, EPA is approving the State's SIP revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period on this document.
Any parties interested in commenting on this document should do so at
this time.

DATES: Written comments must be received on or before November 30,
2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0227, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2007-0227, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register.

    Dated: October 19, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
 [FR Doc. E7-21235 Filed 10-30-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Notices]
[Pages 42573-42575]
[FR Doc No: 2017-19016]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2016-0133]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

ACTION: Request for public comment on extension of a currently approved
collection of information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections. This
document describes an existing collection of information for an
existing regulation for the aftermarket modification of vehicles to
accommodate people with disabilities, for which NHTSA intends to seek
renewed OMB approval.

DATES: Comments must be received on or before November 7, 2017.

ADDRESSES: Comments must refer to the docket number cited at the
beginning of this notice, and may be submitted by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal
holidays. Telephone: 1-800-647-2251.
     Instructions: All submissions must include the docket
number for this document. Please identify the collection of information
for which a comment is provided by referencing the OMB Control Number,
2127-0635. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by title name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher J. Wiacek, NHTSA, 1200
New Jersey Avenue SE., Room W43-474, NVS-122, Washington, DC 20590. Mr.
Wiacek's telephone number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (3) How to enhance the quality, utility, and clarity of the
information to be collected;
    (4) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public

comments on the following collection of information:
    Title: Exemption for the Make Inoperative Prohibition.
    OMB Control Number: 2127-0635.
    Form Number: This collection of information uses no standard form.
    Type of Request: Extension of a currently approved collection of
information.
    Abstract: On February 27, 2001, NHTSA published a final rule (66 FR
12638) to facilitate the modification of motor vehicles so that persons
with disabilities can drive or ride in them as passengers. In that
final rule, the agency issued a limited exemption from a statutory
provision that prohibits specified types of commercial entities from
either removing safety equipment or features installed on motor
vehicles pursuant to the Federal motor vehicle safety standards or
altering the equipment or features so as to adversely affect their
performance. The exemption is limited in that it allows repair
businesses to modify only certain types of Federally-required safety
equipment and features, under specified circumstances. The regulation
is found at 49 CFR part 595 subpart C, ``Vehicle Modifications to
Accommodate People with Disabilities.''
    This final rule included two new ``collections of information,'' as
that term is defined in 5 CFR part 1320 ``Controlling Paperwork Burdens
on the Public'': Modifier identification and a document to be provided
to the owner of the modified vehicle stating the exemptions used for
that vehicle and any reduction in load carrying capacity of the vehicle
of more than 100 kg (220 lbs).
    Modifiers who take advantage of the exemption created by this rule
are required to furnish NHTSA with a written document providing the
modifier's name, address, and telephone number, and a statement that
the modifier is availing itself of the exemption. The rule requires:

``S595.6 Modifier Identification.

    (a) Any motor vehicle repair business that modifies a motor vehicle
to enable a person with a disability to operate, or ride as a passenger
in, the motor vehicle and intends to avail itself of the exemption
provided in 49 CFR 595.7 shall furnish the information specified in
paragraphs (a)(1) through (3) of this section to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh Street SW.,
Washington, DC 20590.\1\
---------------------------------------------------------------------------

    \1\ The address of NHTSA has changed since 2001 and is now 1200
New Jersey Ave. SE., Washington, DC 20590.
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    (1) Full individual, partnership, or corporate name of the motor
vehicle repair business.
    (2) Residence address of the motor vehicle repair business and
State of incorporation if applicable.
    (3) A statement that the motor vehicle repair business modifies a
motor vehicle to enable a person with a disability to operate, or ride
as a passenger in, the motor vehicle and intends to avail itself of the
exemption provided in 49 CFR 595.7.
    (b) Each motor vehicle repair business required to submit
information under paragraph (a) of this section shall submit the
information not later than August 27, 2001. After that date, each motor
vehicle repair business that modifies a motor vehicle to enable a
person with a disability to operate, or ride as a passenger in, the
motor vehicle and intends to avail itself of the exemption provided in
49 CFR 595.7 shall submit the information required under paragraph (a)
not later than 30 days after it first modifies a motor vehicle to
enable a person with a disability to operate, or ride as a passenger
in, the motor vehicle. Each motor vehicle repair business who has
submitted required information shall keep its entry current, accurate
and complete by submitting revised information not later than 30 days
after the relevant changes in the business occur.''

    This requirement is a one-time submission unless changes are made
to the business as described in paragraph (b). NHTSA estimates that
there are currently 900 businesses making modifications to motor
vehicles to accommodate persons with disabilities. Of those 900, we
estimate 85 percent will need to use the exemptions provided by 49 CFR
595.7 (595 businesses). The initial registration of modifiers wishing
to use the exemptions occurred in 2001. Based on letters received since
then, we estimate that 90 businesses currently modifying vehicles will
need to change their information or new registrants will elect to use
the exemptions annually. We estimate the burden of new or changed
registrations from 90 businesses each year of:

90 businesses x 10 minutes/business = 15 hours.

    We estimate the material cost associated with each submission to be
56 cents per responding business, or $50.04 nationwide annually.
    Burden means the total time, effort, or financial resources
expended by a person to generate, maintain, retain, disclose or provide
information to or for a Federal agency. This includes the time needed
to review instruction; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
and transmit or otherwise disclose the information.
    We seek comment on:
    1. Is our estimate of 900 businesses engaged in vehicle
modification to accommodate people with disabilities correct?
    2. Are we correct in assuming that a maximum of 85 percent of those
900 businesses, or 765 businesses, will need to use the exemptions
provided by 49 CFR 595.7?
    3. Are our estimates of the burden hours and material cost of
compliance with 49 CFR 595.6 reasonable?
    Modifiers who avail themselves of the exemptions in 49 CFR 595.7
are required to keep a record, for each applicable vehicle, listing
which standards, or portions thereof, no longer comply with the Federal
motor vehicle safety standards and to provide a copy to the owner of
the vehicle modified (see 49 CFR 595.7(b) and (e) as published in the
final rule).
    We estimate that:
    1. There are approximately 5,000 vehicles modified for persons with
disabilities per year by 900 businesses; \2\
---------------------------------------------------------------------------

    \2\ The agency does not require modifiers to submit information
to us for every vehicle that is modified. Therefore, we have no
exact count of the number of modifications made each year.
---------------------------------------------------------------------------

    2. If 85 percent of the 900 businesses use the exemptions provided
by 49 CFR 595.7, those 765 businesses will modify 4,383 vehicles
annually; and
    3. The burden for producing the record required by 49 CFR 595.7 in
accordance with paragraph (e) for those vehicles will be 1,460 hours
per year nationwide.
    In the final rule we anticipated that the least costly way for a
repair business to comply with this portion of the new rule would be to
annotate the vehicle modification invoice as to the exemption, if any,
involved with each item on the invoice. The cost of preparing the
invoice is not a portion of our burden calculation, as that preparation
would be done in the normal course of business. The time needed to
annotate the invoice, we estimate, is 20 minutes. Therefore, the burden
hours for a full year are calculated as:

4,383 vehicles x 20 minutes/vehicle = 1,460 hours.

    This burden includes the calculation required by 49 CFR 595.7(e),
but not the gathering of the information required for the calculation.
That information would be gathered in the normal course of the vehicle
modification. The only extra burden required by the rule is the
calculation of the reduction in loading carrying capacity and conveying
this information to the vehicle owner. Again, we are assuming that
annotation on the invoice is the least burdensome way to accomplish
this customer notification.
    There will be no additional material cost associated with
compliance with this requirement since no additional materials need be
used above those used to prepare the invoice in the normal course of
business. We are assuming it is normal and customary in the course of
vehicle modification business to prepare an invoice, to provide a copy
of the invoice to the vehicle owner, and to keep a copy of the invoice
for five years after the vehicle is delivered to the owner in finished
form.
    We seek comment on whether our assumptions about the following are
accurate:
    1. The document required by 49 CFR 595.7(b) and specified in
paragraph (e) will need to be prepared for approximately 4,383 vehicles
modified nationwide per year,
    2. Annotation of each vehicle modification invoice as to which
exemptions were used will take an average of 20 minutes, and
    3. It is normal in the course of vehicle modification business to
prepare an invoice, to provide a copy of the invoice to the vehicle
owner, and to keep a copy of the invoice for five years after the
vehicle is delivered to the owner in finished form.
    Affected Public: Business or other for profit.
    Estimated Annual Burden: 1,475 hours, and $50.04.
    Estimated Number of Respondents: 765.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-19016 Filed 9-7-17; 8:45 am]
 BILLING CODE 4910-59-P


6560 50 P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 93 [ EPA HQ OAR 2004 0491; FRL ]

[ RIN A2060]

PM2.5 De Minimis Emission Levels for General Conformity Applicability AGENCY: Environmental Protection Agency ( EPA).

ACTION: Proposed rulemaking.

SUMMARY: The EPA is proposing to amend its regulations relating to the Clean Air Act ( CAA) requirement that Federal actions conform to the appropriate State, Tribal or Federal implementation plan for attaining clean air (" general conformity") to add de minimis emissions levels for particulate matter with an aerodynamic diameter equal or less than 2.5 microns ( PM2.5) National Ambient Air Quality Standards ( NAAQS) and its precursors.

DATES: Comments on the revisions proposed today must be received on or before [ insert date 30 days after publication in the Federal Register]. Under the Paperwork Reduction Act, comments on the information collection provisions must be received by OMB on or before [ insert date 30 days after publication in the Federal Register]. 2 ADDRESSES: Submit your comments, identified by Docket ID No. EPA HQ OAR 2004 0491, by one of the following methods:

www. regulations. gov: Follow the on line instructions for submitting comments.

E mail: A and R Docket@ epa. gov, attention Docket No.

EPA HQ OAR 2004 0491.

Fax: 202 566 1741.

Mail: PM2.5 De Minimis Emission Levels for General Conformity Applicability, Docket ID No. EPA HQ OAR 2004

0491, Environmental Protection Agency Docket Center, Mail Code: 6102T, 1200 Pennsylvania Avenue, N. W., Washington,

D. C. 20460. Please include a total of two copies, if possible. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attn: Desk Officer for EPA, 725 17th St.

NW., Washington, DC 20503.

Hand Delivery: PM2.5 De Minimis Emission Levels for General Conformity Applicability, Docket ID No. EPA HQ OAR

2004 0491, Environmental Protection Agency Docket Center,

EPA West, Room B 102, 1301 Constitution Avenue, N. W.,

Washington, D. C. Such deliveries are only accepted during the Docket's normal hours of operation, and special 3 arrangements should be made for deliveries of boxed information.

Instructions: Direct comments to Docket ID No. EPA HQ OAR

2004 0491. 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 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 www. regulations. gov or e mail. The www. regulations. gov website is an " anonymous access"

system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through www. regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot 4 contact you for clarification, 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. For additional information about EPA's public docket visit the EPA Docket Center homepage at http:// www. epa. gov/ epahome/ dockets. htm.

Docket: All documents in the docket are listed in the 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, will be publicly available only in hard copy.

Publicly available docket materials are available either electronically in www. regulations. gov or in hard copy at the Docket, EPA/ DC, EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday,

excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566 1744, and the telephone number for the Air Docket is ( 202) 566 1742.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Coda, Office of Air Quality Planning and Standards, U. S. Environmental Protection Agency, Mail Code C539 02, Research Triangle 5 Park, NC 27711, phone number ( 919) 54l 3037 or by e mail at coda. tom@ epa. gov.

I. Background A. What is General Conformity and How Does it Affect Air Quality?

The intent of the General Conformity requirement is to prevent the air quality impacts of Federal actions from causing or contributing to a violation of the NAAQS or interfering with the purpose of a State implementation plan ( SIP). For the purpose of this rule, the term " State implementation plan ( SIP)" refers to all approved applicable and enforceable State, Federal and Tribal implementation plans ( TIPs).

In the CAA, Congress recognized that actions taken by Federal agencies could affect States, Tribes, and local agencies' abilities to attain and maintain the NAAQS.

Section 176( c) ( 42 USC 7506) of the CAA requires Federal agencies to ensure that their proposed actions conform to the applicable SIP for attaining and maintaining the NAAQS.

The CAA Amendments of 1990 clarified and strengthened the provisions in section 176( c). Because certain provisions of section 176( c) apply only to highway and mass transit funding and approvals actions, EPA published two sets of regulations to implement section 176( c). The Transportation Conformity Regulations, first published on November 24, 1993 ( 58 FR 62188) and recently revised on 6 July 1, 2004 ( 69 FR 40004) and May 6, 2005 ( 70 FR 24280),

address Federal actions related to highway and mass transit funding and approval actions. The General Conformity Regulations, published on November 30, 1993 ( 58 FR 63214)

and codified at 40 CFR 93.150 et seq., cover all other Federal actions. This proposal applies only to the General Conformity Regulations.

When the applicability analysis shows that the action must undergo a conformity determination, Federal agencies must first show that the action will meet all SIP control requirements such as reasonably available control measures,

and the emissions from the action will not interfere with the timely attainment of the standard, the maintenance of the standard or the area's ability to achieve an interim emission reduction milestone. Federal agencies then must demonstrate conformity by meeting one or more of the methods specified in the regulation for determining conformity:

1. Demonstrating that the total direct1 and indirect2 emissions are specifically identified and accounted for in the applicable SIP,

1 Direct emissions are emissions of a criteria pollutant or its precursors that are caused or initiated by the Federal action and occur at the same time and place as the action.

2 Indirect emissions are emissions of a criteria pollutant or its precursors that: 1) are caused by the Federal action, but may occur later in time and/ or may be further removed in distance form the action itself but are still reasonably foreseeable; and 2) the Federal agency can practically control or will maintain control over due to the controlling program responsibility of the Federal action. 7 2. Obtaining written statement from the State or local agency responsible for the SIP documenting that the total direct and indirect emissions from the action along with all other emissions in the area will not exceed the SIP emission budget,

3. Obtaining a written commitment from the State to revise the SIP to include the emissions from the action,

4. Obtaining a statement from the metropolitan planning organization ( MPO) for the area documenting that any on road motor vehicle emissions are included in the current regional emission analysis for the area's transportation plan or transportation improvement program,

5. Fully offset the total direct and indirect emissions by reducing emissions of the same pollutant or precursor in the same nonattainment or maintenance area, or 6. Where appropriate, in accordance with 40 CFR 51.858 ( 4), conduct air quality modeling that can demonstrate that the emissions will not cause or contribute to new violations of the standards, or increase the frequency or severity of any existing violations of the standards.

B. Applicability Analysis for General Conformity The National Highway System Designation Act of 1995,

( Public Law 104 59) added section 176( c)( 5) to the CAA to limit applicability of the conformity programs to areas designated as nonattainment under section 107 of the CAA 8 and areas that had been redesignated as maintenance areas with a maintenance plan under section 175A of the CAA only.

Therefore, only Federal actions taken in designated nonattainment and maintenance areas are subject to the General Conformity regulation. In addition, the General Conformity Regulations ( 58 FR 63214) recognize that the vast majority of Federal actions do not result in a significant increase in emissions and, therefore, include a number of regulatory exemptions, such as de minimis emission levels based on the type and severity of the nonattainment problem in an area.

In carrying out this type of applicability analysis,

the Federal agency determines whether the total direct and indirect emissions from the action are below or above the de minimis levels. If the action is determined to have total direct and indirect emissions for a given pollutant that are at or above the de minimis level for that pollutant, Federal agencies must conduct a conformity determination for the pollutant unless the action is presumed to conform under the regulation or the action is otherwise exempt. If the action's emissions are below an applicable de minimis level, a Federal agency does not have to conduct a conformity determination.

C. Why is EPA Proposing De Minimis Levels for PM2.5 Emissions at This Time? 9 The EPA has not revised the General Conformity Regulations since they were promulgated in 1993, although EPA expects to promulgate, in a separate rulemaking,

proposed revisions to the General Conformity Regulations in the near future. For the purposes of general conformity,

the General Conformity Regulations ( 58 FR 63214) define NAAQS as " those standards established pursuant to section 109 of the Act and include standards for carbon monoxide ( CO), Lead ( Pb), nitrogen dioxide ( NO2), ozone, particulate matter ( PM 10) and sulfur dioxide ( SO2)." Since 1993, EPA has reviewed and revised the NAAQS for particulate matter to include a new PM2.5 standard ( PM2.5 is particulate matter with an aerodynamic diameter of up to 2.5 µ m, referred to as the fine particle fraction). Since PM2.5 was established pursuant to section 109 of the CAA, general conformity requirements are applicable to areas designated nonattainment for this standard although it is not explicitly included in the examples of criteria pollutants in 58 FR 63214.

In July 1997, EPA promulgated two new NAAQS ( 62 FR 38652), one for an 8 hour ozone standard and one established pursuant to section 109 of the CAA for fine particulate matter known as PM2.5. The new 8 hour and old 1 hour ozone NAAQS address the same pollutant but differ with respect to the averaging time, therefore, EPA retained 10 the existing de minimis emission levels for ozone precursors.

The EPA designated areas as nonattainment for PM2.5 on April 5, 2005. Subsequently, EPA has proposed regulations to implement the new particulate matter standard ( 70 FR 65984; November 1, 2005). Currently, there are no de minimis emission levels for PM2.5. Although PM2.5 is a subset of PM10, it differs from the rest of PM10. While, the majority of ambient PM10 results from direct emissions of the pollutant, a significant amount of the ambient PM2.5 can result not only from direct emissions but also from transformation of precursors and condensing of gaseous pollutants in the atmosphere. In the preamble to the proposed regulation to implement the new particulate matter standard, EPA discussed that the key pollutants potentially contributing to PM2.5 concentrations in the atmosphere are direct PM2.5 emissions, SO2, NOX, VOC and ammonia ( 70 FR 65998). The discussion also included EPA's intent to propose a separate rulemaking to establish de minimis levels for Federal actions covered by the General Conformity program ( 70 FR 66033). At that time, EPA said it expected the proposed levels will be identical to the nonattainment area major source levels for the New Source Review ( NSR) program.

Section 176( c)( 6) states that the general conformity requirements of section 176( c) do not apply to an area 11 newly designated nonattainment for a new NAAQS until 1 year after such designation. The EPA made PM2.5 designations on April 5, 2005; thus, the applicable general conformity requirements will not be effective in these areas until April 5, 2006. In the absence of a regulatory de minimis emission level for PM2.5, all Federal actions which cause any amount of PM2.5 emissions will ( unless otherwise exempt)

require a general conformity determination after that date.

This result will create an undue burden on Federal agencies to mitigate or offset even small emissions that would not otherwise contribute to violations of NAAQS standards or continued nonattainment.

D. How Does EPA Determine the De Minimis Threshold?

The EPA has previously considered options and taken comment on how to set de minimis levels to determine applicability of general conformity requirements. The following is a discussion of the options considered and the methodology used in setting de minimis levels. The EPA is proposing to use the same methodology to set PM2.5 de minimis levels that was previously publicly vetted and used for other NAAQS pollutants.

In the preamble to the proposal for General Conformity Regulations ( 58 FR 13841), EPA recognized that the very broad definition of Federal action in the statute and the number of Federal agencies subject to the conformity requirements could create a requirement for individual 12 conformity decisions in the thousands per day. To avoid creating an unreasonable administrative burden, EPA considered options for mechanisms to focus the efforts of affected agencies on key actions with significant environmental impact, rather than all actions. Prior to that proposal, EPA consulted with numerous Federal agencies, environmental groups, State and local air quality agencies, building industry representatives, and others.

Following consultation, EPA initially proposed a de minimis level similar to that specified by EPA for modifications to major stationary sources under the CAA preconstruction review programs. Consequently, the de minimis levels proposed for general conformity were chosen to correspond to the emission rates defined in 40 CFR 51.165 ( NSR) and 51.166 ( prevention of significant deterioration) as " significant." Activities with emissions impacts below the proposed de minimis levels would not require conformity determinations.

After EPA received comments on this proposal, we responded in the preamble to the final General Conformity Regulations ( 58 CFR 63228) and stated: " Given the need to choose a threshold based on air quality criteria and one that avoids coverage of less significant projects, and in response to certain comments, the de minimis levels for conformity analyses in the final rule are based on the Act's major stationary source definitions  not the 13 significance levels as proposed  for the various pollutants.

Use of the de minimis levels assures that the conformity rule covers only major Federal actions. Under the major source definition, for example, the levels for ozone would range from 10 tons/ year ( VOC and NOx) for an extreme ozone nonattainment area to 100 tons/ year for marginal and moderate areas, not from 10 tons/ year to 40 tons/ year as proposed... The de minimis levels proposed were generally those used to define when modifications to existing stationary sources require preconstruction review. It was pointed out to EPA in comments on the proposal that these thresholds would result in the need to perform a conformity analysis and determination for projects that constituted a " modification" to an existing source but not a " major"

source in some cases. The EPA agrees that conformity applies more appropriately to " major" source and after careful consideration has decided to revise its original proposal in the final rule to use the emissions levels that define a major source, except as described above for lead.

The definition of a major source under the amended Act is explained in more detail in the April 16, 1992 Federal Register in the EPA's General Preamble to Title I ( 57 FR 13498). Section 51.853( b)( 3) of the rule has also been revised to remove the provisions that would automatically lower the de minimis levels to that established for stationary sources by the local air quality agency. In 14 keeping with its conclusion that only major sources should be subject to conformity review, EPA agrees that a zero emissions threshold as established by some local agencies,

should not be required by this rule."

This mechanism relying on the major stationary source levels in the statute as de minimis levels for conformity has worked well over the last 12 years to lessen the administrative burden of Federal agencies for actions that emit relatively low emissions while addressing actions with significant emissions that could affect attainment of the NAAQS. The EPA believes it is appropriate to continue to use major stationary source levels as de minimis levels for the PM2.5 NAAQS in line with past practice and recognizing that Congress generally concluded it was appropriate to apply more stringent air quality review requirements on such sources. For this reason, EPA is proposing to continue to use this reasonable and effective mechanism for setting de minimis levels for PM2.5.

The EPA proposed regulations to implement the new particulate matter standard ( 70 FR 65984; November 1,

2005). In the preamble to that proposal, EPA discussed that the key pollutants potentially contributing to PM2.5 concentrations in the atmosphere are direct PM2.5 emissions,

SO2, NOX, VOC and ammonia ( 70 FR 65998). While EPA recognized that SO2, NOX, VOC and ammonia are precursors of PM2.5 in the scientific sense because these pollutants can 15 contribute to the formation of PM2.5 in the ambient air, the degree to which these individual precursors and pollutants contribute to PM2.5 formation in a given location is complex and variable. For ammonia, there is uncertainty about emissions inventories and the potential efficacy of control measures from location to location. For VOC, the role and relationship of gaseous organic material in the formation of organic PM remains complex and further research and technical tools are needed to better characterize emissions inventories for specific VOC compounds. In light of these factors, EPA proposed in its rule to implement the PM2.5 NAAQS that States are not required to address VOC's or ammonia as PM2.5 nonattainment plan precursors, unless the State or EPA makes a finding that VOC's or ammonia significantly contribute to a PM2.5 nonattainment problem in the State or to other downwind air quality concerns. For NOx EPA proposed that States are required to address NOx under all aspects of the program, unless the State and EPA makes a finding that NOx emissions from sources in the State do not significantly contribute to the PM2.5 problem in a given area or to other downwind air quality concerns.

Therefore, for the purposes of general conformity applicability, VOC's and ammonia emissions are only considered PM2.5 precursors in nonattainment areas where either a State or EPA has made a finding that they significantly contribute to the PM2.5 problem in a given area 16 or to other downwind air quality concerns. Alternatively,

NOx emissions are considered a PM2.5 precursor unless the State and EPA makes a finding that NOx emissions from sources in the State do not significantly contribute to the PM2.5 problem in a given area or to other downwind air quality concerns.

II. Summary of the Proposal The EPA is proposing to revise the tables in subparagraphs ( b)( 1) and ( b)( 2) of 40 CFR 91.153 by adding the de minimis emission levels for PM2.5. The EPA is proposing to establish 100 tons per year as the de minimis emission level for direct PM2.5 and each of its precursors as defined in revised section 91.152. Since EPA did not propose any classifications for the PM2.5 nonattainment areas, EPA is not proposing PM2.5 de minimis emission levels for higher classified nonattainment areas. If in the future EPA classifies the PM2.5 nonattainment areas, it will establish de minimis emission levels for the areas based upon the classifications as appropriate. This proposal, if adopted,

would maintain the consistency between the conformity de minimis emission levels and the size of a major stationary source under the NSR program ( 70 FR 65984). These levels are also consistent with the levels proposed for VOC and NOX emissions in subpart 1 areas under the 8 hour ozone implementation strategy ( 68 FR 32843).

III. Statutory and Executive Order Reviews 17 A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 ( 58 FR 51735, October 4,

1993), the Agency must determine whether the regulatory action is A significant @

and, therefore, subject to Office of Management and Budget ( OMB) review and the requirements of the Executive Order. The Order defines A significant regulatory action @

as one that is likely to result in a regulation that may:

1. Have an annual effect on the economy of $ 100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity,

competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities;

2. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

3. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4. Raise novel legal or policy issues arising out of legal mandates, the President =

s priorities, or the principles set forth in the Executive Order. 18 Pursuant to the terms of Executive Order 12866, it has been determined that these revisions to the regulations are considered a A significant regulatory action @

because they may interfere with actions taken or planned by other Federal agencies. As such, this action was submitted to OMB for review. Changes made in response to OMB suggestions or recommendations can be found in the public docket.

B. Paperwork Reduction Act This action does not directly impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U. S. C. 3501 et seq., on non Federal entities. The General Conformity Regulations require Federal agencies to determine that their actions conform to the SIPs or TIPs. However, depending upon how Federal agencies implement the regulations, non Federal entities seeking funding or approval from those Federal agencies may be required to submit information to that agency.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain,

retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, 19 validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an Agency to prepare a regulatory flexibility analysis of any regulation subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the Agency certifies the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. 20 For purposes of assessing the impacts of today =

s proposed revisions to the regulations on small entities,

small entity is defined as:

1. A small business that is a small industrial entity as defined in the U. S. Small Business Administration ( SBA)

size standards. ( See 13 CFR 121.201);

2. A governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and 3. A small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field.

Today =

s proposed revisions to the regulations, if promulgated will not impose any requirements on small entities and therefore, will not have a significant economic impact on a substantial number of small entities.

The General Conformity Regulations require Federal agencies to conform to the appropriate State, Tribal or Federal implementation plan for attaining clean air. We continue to be interested in the potential impacts of the regulations on small entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act 21 Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA), Public Law 104 4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost benefit analysis, for proposed and final regulations with A Federal mandates @

that may result in expenditures to State, local, and Tribal governments, in the aggregate, or to the private sector, of $ 100 million or more in any 1 year. Before promulgating an EPA regulation for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and to adopt the least costly, most cost effective or least burdensome alternative that achieves the objectives of the regulation.

The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost effective or least burdensome alternative if the Administrator publishes with the final regulations an explanation why that alternative was not adopted.

Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, 22 including Tribal governments, it must have developed under section 203 of the UMRA a small government agency plan.

The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing,

educating, and advising small governments on compliance with the regulatory requirements.

The EPA has determined that these revisions to the regulations do not contain a Federal mandate that may result in expenditures of $ 100 million or more for State,

local, and Tribal governments, in the aggregate, or the private sector in any 1 year. Thus, today =

s proposed regulation revisions are not subject to the requirements of sections 202 and 205 of the UMRA.

The EPA has determined that these proposed regulation revisions contain no regulatory requirements that may significantly or uniquely affect small governments,

including Tribal governments.

E. Executive Order 13132: Federalism Executive Order 13132, entitled A Federalism @

( 64 FR 43255; August 10, 1999), requires EPA to develop an accountable process to ensure A meaningful and timely input 23 by State and local officials in the development of regulatory policies that have Federalism implications.@

A Policies that have Federalism implications @

is defined in the Executive Order to include regulations that have A substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.@

This action does not have Federalism implications.

The regulations will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132.

Previously, EPA determined the costs to States to implement the General Conformity Regulations to be less than $ 100,000 per year. Thus, Executive Order 13132 does not apply to these proposed regulation revisions.

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments Executive Order 13175, entitled A Consultation and Coordination with Indian Tribal Governments @

( 65 FR 67249,

November 9, 2000), requires EPA to develop an accountable process to ensure A meaningful and timely input by Tribal 24 officials in the development of regulatory policies that have Tribal implications.@ This determination is stated below.

These proposed regulation revisions do not have Tribal implications as defined by Executive Order 13175. They do not have a substantial direct effect on one or more Indian Tribes, since no Tribe has to demonstrate conformity for their actions. Furthermore, these proposed regulation revisions do not affect the relationship or distribution of power and responsibilities between the Federal government and Indian Tribes. The CAA and the Tribal Air Rule establish the relationship of the Federal government and Tribes in developing plans to attain the NAAQS, and these revisions to the regulations do nothing to modify that relationship. Because these proposed regulation revisions do not have Tribal implications, Executive Order 13175 does not apply.

Although Executive Order 13175 does not apply to these regulations, EPA encourages Tribal input and specifically solicits comment on this regulation from Tribal officials.

G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks Executive Order 13045: A Protection of Children from Environmental Health and Safety Risks @

( 62 FR 19885, April 25 23, 1997) applies to any rule that ( 1) is determined to be A economically significant @

as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

These proposed revisions to the regulations are not subject to Executive Order 13045 because they are not economically significant as defined in Executive Order 12866 and because EPA does not have reason to believe the environmental health or safety risk addressed by the General Conformity Regulations present a disproportionate risk to children. The General Conformity Regulations ensure that Federal agencies comply with the SIP, TIP or FIP for attaining and maintaining the NAAQS. The NAAQS are promulgated to protect the health and welfare of sensitive populations, including children.

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use 26 These revisions to the regulations are not considered a A significant energy action @

as defined in Executive Order 13211, A Actions That Significantly Affect Energy Supply,

Distribution, or Use,@ ( 66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer Advancement Act Section 12( d) of the National Technology Transfer Advancement Act of 1995 ( NTTAA), Public Law No. 104 113,

section 12( d) ( 15 U. S. C. 272 note) directs EPA to use voluntary consensus standards ( VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The VCS are technical standards ( e. g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS.

This revision to the regulations does not involve technical standards. Therefore, EPA is not considering the use of any VCS. 27 However, EPA will encourage the Federal agencies to consider the use of such standards, where appropriate, in the implementation of the General Conformity Regulations.

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low

Income Populations Executive Order 12898 requires that each Federal agency make achieving environmental justice part of its mission by identifying and addressing, as appropriate,

disproportionately high and adverse human health environmental effects of its programs, policies, and activities on minorities and low income populations.

The EPA believes that these proposed revisions to the regulations should not raise any environmental justice issues. The proposed revisions to the regulations would,

if promulgated revise procedures for other Federal agencies to follow. They do not disproportionately affect the health or safety of minority or low income populations.

The EPA encourages other agencies to carefully consider and address environmental justice in their implementation of their evaluations and conformity determinations.

LIST OF SUBJECTS in 40 CFR Part 93 Environmental protection, Administrative practice and procedures, Air pollution control, Carbon monoxide, 28 Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

AUTHORITY 42 U. S. C. 7401 7671q PM2.5 De Minimis Emission levels for General Conformity Applicability  Page 25 of 30 ___________________________ Dated:

___________________________ Stephen L. Johnson Administrator 29 For the reasons stated in the preamble, Title 40, Chapter I of the Code of Federal Regulations is amended as follows:

Part 93 Determining Conformity of Federal Actions to State or Federal Implementation Plans 1. The authority citation for part 93 continues to read as follows:

Authority: 42 U. S. C. 7401 7671q.

Subpart B   [ Amended]

The additions and revisions read as follows:

§ 93.152 Definitions.

Precursors of a criteria pollutant are:

( 1) * * *

( 2) * * *

( 3) For PM2.5:

1. Sulfur dioxide ( SO2) in all PM2.5 nonattainment and maintenance areas,

2. Nitrogen oxides in all PM2.5 nonattainment and maintenance areas unless both the State and EPA determine that it is not a significant precursor, and 3. Volatile organic compounds ( VOC) and ammonia ( NH3)

only in PM2.5 nonattainment or maintenance areas where either the State or EPA determines that they are significant precursors. 30 § 93.153 Applicability analysis.

* * * * *

( b) For Federal actions not covered by paragraph ( a)

of this section, a conformity determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions of the criteria pollutant or precursor in a nonattainment or maintenance area caused by a Federal action would equal or exceed any of the rates in paragraphs ( b)( 1) or ( 2) of this section.

( 1) For purposes of paragraph ( b) of this section,

the following rates apply in nonattainment areas ( NAA's): 31 Tons/ year Ozone ( VOC's or NOx):

Serious NAA's 50 Severe NAA's 25 Extreme NAA's 10 Other ozone NAA's outside an ozone transport region 100 Other ozone NAA's inside an ozone transport region:

VOC 50 NOx 100 Carbon monoxide: All NAA's 100 SO2 or NO2: All NAA's 100 PM 10:

Moderate NAA's 100 Serious NAA's 70 PM2.5 Direct emissions 100 SO2 100 NOx ( unless determined not to be significant precursors) 100 VOC or ammonia ( if determined to be significant precursors) 100 Pb: All NAA's 25 32 ( 2) For purposes of paragraph ( b) of this section, the following rates apply in maintenance areas:

Tons/ year Ozone ( NOx, SO2 or NO2):

All Maintenance Areas 100 Ozone ( VOC's):

Maintenance areas inside an ozone transport region 50 Maintenance areas outside an ozone transport region 100 Carbon monoxide: All Maintenance Areas 100 PM 10: All Maintenance Areas 100 PM2.5 Direct emissions 100 SO2 100 NOx ( unless determined not to be significant precursors) 100 VOC or ammonia ( if determined to be significant precursors) 100 Pb: All Maintenance Areas 25 33 Part 51 [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 42 U. S. C. 7401 7671q.

Subpart W [ AMENDED]

The additions and revisions read as follows:

§ 51.852 Definitions.

Precursors of a criteria pollutant are:

( 1) * * *

( 2) * * *

( 3) For PM2.5:

1. Sulfur dioxide ( SO2) in all PM2.5 nonattainment and maintenance areas,

2. Nitrogen oxides in all PM2.5 nonattainment and maintenance areas unless both the State and EPA determine that it is not a significant precursor, and 3. Volatile organic compounds ( VOC) and ammonia ( NH3)

only in PM2.5 nonattainment or maintenance areas where either the State or EPA determines that they are significant precursors.

§ 51.853 Applicability analysis.

* * * * * 34 ( b) For Federal actions not covered by paragraph ( a)

of this section, a conformity determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions of the criteria pollutant or precursor in a nonattainment or maintenance area caused by a Federal action would equal or exceed any of the rates in paragraphs ( b)( 1) or ( 2) of this section.

( 1) For purposes of paragraph ( b) of this section,

the following rates apply in nonattainment areas ( NAA's): 35 Tons/ year Ozone ( VOC's or NOx):

Serious NAA's 50 Severe NAA's 25 Extreme NAA's 10 Other ozone NAA's outside an ozone transport region 100 Other ozone NAA's inside an ozone transport region:

VOC 50 NOx 100 Carbon monoxide: All NAA's 100 SO2 or NO2: All NAA's 100 PM 10:

Moderate NAA's 100 Serious NAA's 70 PM2.5 Direct emissions 100 SO2 100 NOx ( unless determined not to be significant precursors) 100 VOC or ammonia ( if determined to be significant precursors) 100 Pb: All NAA's 25 36 ( 2) For purposes of paragraph ( b) of this section, the following rates apply in maintenance areas:

Tons/ year Ozone ( NOx, SO2 or NO2):

All Maintenance Areas 100 Ozone ( VOC's):

Maintenance areas inside an ozone transport region 50 Maintenance areas outside an ozone transport region 100 Carbon monoxide: All Maintenance Areas 100 PM 10: All Maintenance Areas 100 PM2.5 Direct emissions 100 SO2 100 NOx ( unless determined not to be significant precursors) 100 VOC or ammonia ( if determined to be significant precursors) 100 Pb: All Maintenance Areas 25 37


[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68887-68889]
[FR Doc No: 2021-26331]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0660; Project Identifier AD-2021-00398-T;
Amendment 39-21809; AD 2021-23-11]
RIN 2120-AA64

Airworthiness Directives; Learjet Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Learjet Inc. Model 45 airplanes. This AD was prompted by a
report of a fuel leak due to a cracked fuel line between the engine
fuel control and the engine fuel flow meter. This AD requires replacing
the existing fuel flow meter bracket assembly with a redesigned bracket
assembly and reporting information to the FAA. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective January 10, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 10,
2022.

ADDRESSES: For service information identified in this final rule,
contact Learjet Inc., One Learjet Way, Wichita, KS 67209; phone: (316)
946-2000; email: [email protected]; website: https://businessaircraft.bombardier.com/en/aircraft/Learjet.html. You may view
this service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For
information on the availability of this material at the FAA, call (816)
329-4148. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0660.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0660; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Teplik, Aviation Safety
Engineer, Wichita ACO Branch, FAA, 1801 S. Airport Road, Wichita, KS
67209; phone:<PHONE_NUMBER>; email: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain serial numbered
Learjet Inc. Model 45 (Learjet 40), Model 45 (Learjet 45), Model 45
(Learjet 70), and Model 45 (Learjet 75) airplanes. The NPRM published
in the Federal Register on August 13, 2021 (86 FR 44660). The NPRM was
prompted by a report of a fuel leak due to a cracked fuel line between
the engine fuel control and the engine fuel flow meter on a Model 45
(Learjet 45) airplane. Further analysis of the fleet of all the 45
models revealed similar failures in this area including the following:
16 fuel line failures, 2 instances of multiple inlet attaching bolts
breaking, 9 leaking fuel controls, a broken gearbox strut, 4 cracked
No. 6 bearing oil supply lines, and 7 cracked engine oil tanks. The FAA
evaluated the flammable fluid leaks and broken parts and determined
that they may have resulted from vibration. In the NPRM, the FAA
proposed to require replacing the existing fuel flow meter bracket
assembly with a redesigned bracket assembly and reporting information
to the FAA. The FAA is issuing this AD to address the unsafe condition
on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. This AD is
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service documents required for
compliance with this AD:
     Bombardier Learjet 40 Service Bulletin (SB) SB 40-73-01,
Revision 1;
     Bombardier Learjet 45 SB 45-73-2, Revision 1;
     Bombardier Learjet 70 SB 70-73-01, Revision 1; and
     Bombardier Learjet 75 SB 75-73-01, Revision 2; all
documents dated January 9, 2017.
    As applicable to the model configuration specified, each service
bulletin contains procedures for replacing the existing fuel flow meter
bracket assembly with a redesigned fuel flow meter bracket assembly
that has an increased material thickness. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Differences Between This AD and the Service Information

    This AD requires reporting certain maintenance information to the
FAA, where the service information does not. The information provided
in the reports is related to contributing factors that the FAA found
showed a correlation between the reported engine fan vibration levels
and the cracking fuel line between engine fuel control and the engine
fuel flow meter and a correlation between the cracking fuel line and a
certain batch of fan disks. In addition, the FAA found that a
contributing factor could be the susceptibility of the fuel flow meter
bracket assembly to the engine installation vibration. The requested
reporting information allows the FAA to determine whether further
rulemaking action is necessary to mitigate the unsafe condition.
    Also, the effectivity of Bombardier Learjet 45 SB 45-73-2, Revision
1, dated January 9, 2017, begins with serial number 45-005. This AD
also applies to airplane serial numbers 45-002 through 45-004 because,
although these three airplanes are not currently in service, they are
subject to the unsafe condition. Thus, it is necessary to include them
in the event they are returned to service.

Costs of Compliance

    The FAA estimates that this AD affects 443 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts Cost           product        operators
----------------------------------------------------------------------------------------------------------------
Replacing the bracket assembly....  4.5 work-hours x $85   $3,895...............       $4,277.50   $1,894,932.50
                                     per hour = $382.50.
Reporting and reviewing logbooks..  9 work-hours x $85     Not Applicable.......             765         338,895
                                     per hour = $765.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 9 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-23-11 Learjet Inc.: Amendment 39-21809; Docket No. FAA-2021-
0660; Project Identifier AD-2021-00398-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Learjet Inc. Model 45 (Learjet 40), Model 45
(Learjet 45), Model 45 (Learjet 70), and Model 45 (Learjet 75)
airplanes, serial numbers 45-002 through 45-556 and 45-2001 through
45-2146, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7100, Powerplant
System.

(e) Unsafe Condition

    This AD was prompted by a report of a fuel leak due to a cracked
fuel line between the engine fuel control and the engine fuel flow
meter. The FAA is issuing this AD to prevent cracking and failures.
The unsafe condition, if not addressed, could result in an engine
installation fire, which could progress to an uncontrolled fire and
consequent loss of control of the airplane.

(f) Compliance

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

(g) Reporting Requirement

    Within 60 days after the effective date of this AD, report the
following information, where available, to the Wichita ACO Branch
via email at [email protected] and [email protected]; or by
mail to Wichita ACO Branch, FAA, Attn: Thomas Teplik, 1801 S.
Airport Road, Room 100, Wichita, KS 67209.
    (1) Name of the owner; the address of the owner; name of the
organization doing the actions required by this AD; the date the
actions were completed; the name of the person submitting the
report; the address, telephone number, and email of the person
submitting the report.
    (2) The fan vibration levels that have been recorded in the
airplane and engine maintenance records since November 1, 2019.
Include the airplane and engine serial numbers.
    (3) The date of each vibration level recorded and the associated
hours time-in-service (TIS) for the airplane and each engine.
    (4) For each fan vibration level reported, include:
    (i) Whether molybdenum coating for the fan was applied per
Temporary Revision 72-494, dated August 15, 2017 (or as subsequently
incorporated into the engine's Inspection/Repair Manual TFE731 (ATA
Number 72-IR-02)).
    (ii) If molybdenum coating was applied using a different process
than Temporary Revision 72-494, dated August 15, 2017 (or as
subsequently incorporated into the engine's Inspection/Repair Manual
TFE731 (ATA Number 72-IR-02)), report the process by which the
molybdenum coating was applied and the revision level of the

document defining the application process for the molybdenum
coating.
    Note 1 to paragraph (g)(4): Temporary Revision 72-494, dated
August 15, 2017, specifies applying a dry film lubricant on the
mating surfaces of the fan hub and the fan blades. The lubricating
solid for this dry film lubricant is molybdenum disulfide, which is
referred to in this AD as molybdenum coating.
    (5) For each fan vibration level reported, the fan hub serial
number and hours TIS for this fan hub.
    (6) Installation date and service bulletin (SB) revision level
for the installation of the bracket assembly with fuel flow meter
and hose if installed before the effective date of this AD.
    (7) Any failures of the bracket assembly with fuel flow meter
and hose installed in accordance with any SB listed in paragraph (h)
of this AD or any prior revision of these SBs.
    (8) Installation date and SB revision level used for
installation of the fuel control screws within the engine fuel
control in accordance with Honeywell SB TFE731-73-5146.
    (9) Any failures of fuel control screws after compliance with
Honeywell SB TFE731-73-5146.

(h) Replacement

    Within 12 months after the effective date of this AD or 750
hours TIS after the effective date of this AD, whichever occurs
first, replace the engine fuel flow meter bracket in accordance with
the Accomplishment Instructions, paragraphs 3.A through 3.C, of the
following Bombardier SB, listed in paragraphs (h)(1) through (4) of
this AD, applicable to your airplane model configuration.
    (1) Bombardier Learjet 40 SB 40-73-01, Revision 1, dated January
9, 2017.
    (2) Bombardier Learjet 45 SB 45-73-2 Revision 1, dated January
9, 2017.
    (3) Bombardier Learjet 70 SB 70-73-01 Revision 1, dated January
9, 2017.
    (4) Bombardier Learjet 75 SB 75-73-01, Revision 2, dated January
9, 2017.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the action required by
paragraph (h) of this AD, if that action was performed before the
effective date of this AD using Bombardier Learjet 40 SB 40-73-01,
Basic Issue; Bombardier Learjet 45 Service Bulletin SB 45-73-2,
Basic Issue; Bombardier Learjet 70 SB 70-73-01, Basic Issue; or
Bombardier Learjet 75 SB 75-73-01, Basic Issue; all dated October 3,
2016; or Bombardier Learjet 75 SB 75-73-01, Revision 1, dated
October 10, 2016.
    (2) To take credit for any previous action, you must comply with
paragraph (g) of this AD within 60 days after the effective date of
this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k) of this AD.
    (2) 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.

 (k) Related Information

    For more information about this AD, contact Thomas Teplik,
Aviation Safety Engineer, Wichita ACO Branch, FAA, 1801 S. Airport
Road, Wichita, KS 67209; phone:<PHONE_NUMBER>; email:
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Learjet 40 Service Bulletin 40-73-01, Revision 1,
dated January 9, 2017.
    (ii) Bombardier Learjet 45 Service Bulletin 45-73-2 Revision 1,
dated January 9, 2017.
    (iii) Bombardier Learjet 70 Service Bulletin 70-73-01 Revision
1, dated January 9, 2017.
    (iv) Bombardier Learjet 75 Service Bulletin 75-73-01, Revision
2, dated January 9, 2017.
    (3) For service information identified in this AD, contact
Learjet Inc., One Learjet Way, Wichita, KS 67209; phone: (316) 946-
2000; email: [email protected]; website: https://businessaircraft.bombardier.com/en/aircraft/Learjet.html.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26331 Filed 12-3-21; 8:45 am]
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[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Notices]
[Pages 47283-47284]
[FR Doc No: 2019-19342]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14616-001]

Oregon State University; Notice of Application and Applicant-
Prepared EA Accepted for Filing, Soliciting Motions To Intervene and
Protests, and Soliciting Comments, and Final Recommendations, and Final
Terms and Conditions, and Prescriptions

    Take notice that the following hydroelectric application and
applicant-prepared environmental assessment has been filed with the
Commission and is available for public inspection.
    a. Type of Application: Original License for Major Unconstructed
Project.
    b. Project No.: 14616-001.
    c. Date filed: May 31, 2019, and amended on August 28, 2019.
    d. Applicant: Oregon State University.
    e. Name of Project: PacWave South Project.
    f. Location: On the Pacific Ocean 6 nautical miles off the central
Oregon coast near the city of Newport, in Lincoln County, Oregon. The
project occupies 1,695 acres of United States submerged lands on the
Outer Continental Shelf administered by the Bureau of Ocean Energy
Management.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Cherise Gaffney, Stoel Rives LLP, 600
University St, Suite 3600, Seattle, WA 98101;<PHONE_NUMBER>; or email
at<EMAIL_ADDRESS>    i. FERC Contact: Jim Hastreiter at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
and final terms and conditions, recommendations, and prescriptions: 30
days from the issuance date of this notice; reply comments are due 45
days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene and protests, comments, and final terms and
conditions, recommendations, and prescriptions using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-14616-001.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing.
    l. The proposed PacWave South Project would consist of: (1) Four
offshore test berths; (2) a maximum of 20 wave energy conversion (WEC)
devices with a maximum total installed capacity of 20 megawatts; (3)
various WEC devices including point absorbers, oscillating water
column, overtopping, attenuator, and ``other'' types that utilize a
combination of technology designs; (4) various anchoring systems
including gravity based anchors, drag anchors, and embedment anchors,
consisting of steel, concrete, or a mixture of steel and concrete; (5)
single- or three-point mooring systems consisting of chain, steel
cables, or synthetic materials; (6) mooring infrastructure including
surface buoys, subsurface floats, and chain, wire or rope, as catenary,
tendon or bridle lines; (7) subsea connectors; (8) five buried 8.3-
mile-long subsea transmission cables converging in a nearshore conduit;
(9) up to five onshore 10-foot by 10-foot by 10-foot cable splice
vaults (beach manholes), where the subsea cables would transition to
terrestrial cables; (10) five buried 0.5-mile-long subterranean
transmission cables connecting to a power monitoring and conditioning
facility; (11) grid-interconnection at Central Lincoln Public Utility
District substation; and (12) appurtenant facilities.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at FERCOnlineSupport. A copy is also available for
inspection and reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit comments, a protest, or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, .211, and .214. In determining the appropriate action to
take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title PROTEST,
MOTION TO INTERVENE, NOTICE OF INTENT TO FILE COMPETING APPLICATION,
COMPETING APPLICATION, COMMENTS, REPLY COMMENTS, RECOMMENDATIONS, TERMS
AND CONDITIONS, or PRESCRIPTIONS; (2) set forth in the heading the name
of the applicant and the project number of the application to which the
filing responds; (3) furnish the name, address, and telephone number of
the person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. A copy of any protest or

motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    p. Procedural schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.
    Commission issues EA: November 2019.

    Dated: August 29, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19342 Filed 9-6-19; 8:45 am]
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