[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Notices]
[Pages 52732-52733]
[FR Doc No: 2011-21423]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 2011-0435]

Office of Commercial Space Transportation Notice of Intent To
Publish Current and Future Launch, Site, and Reentry Licenses and
Permits and Their Orders Online

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) is changing the way
the Office of Commercial Space Transportation (AST) makes its permits,
licenses, and all accompanying orders (authorizations) available to the
public. The FAA intends to post all current and future authorizations
online on the AST Web site \1\ beginning on October 24, 2011. The FAA
will not publish license or permit applications or evaluations. The FAA
has determined that posting authorizations online will allow it to more
effectively and efficiently inform the public of its commercial space
transportation permit and license determinations.
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    \1\ The AST website address is http://faa.gov/go/ast. The FAA
proposes to post launch, reentry and site licenses in the Commercial
Space Data--Active Licenses section at http://www.faa.gov/about/office_org/headquarters_offices/ast/launch_data/current_licenses/. The FAA proposes to post permits in the Commercial Space
Data--Active Permits section at http://www.faa.gov/about/office_org/headquarters_offices/ast/launch_data/current_permits/.

DATES: Please submit any comments on or before September 22, 2011.
Comments received after this date will be considered if it is practical
to do so, but assurance of consideration cannot be given except as to
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comments received on or before this date.

ADDRESSES: Send comments identified by Docket No. 2011-0435 using any
of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this notice contact Charles P. Brinkman, Licensing Program Lead,
Commercial Space Transportation--Licensing and Evaluation Division,
Office of Commercial Space Transportation, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>For legal
questions concerning this notice contact Laura Montgomery, Senior
Attorney for Commercial Space Transportation, AGC-200, Office of the
Chief Counsel, Regulations Division, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone (202)
267-3150; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The Secretary of Transportation has the authority to issue
commercial space transportation permits and licenses for commercial
launch, reentry, and launch and reentry site operations. 51 U.S.C.

50901(b)(3). A license is required to launch a launch vehicle, reenter
a reentry vehicle, or operate a launch or reentry site within the
United States or by a U.S. citizen. 51 U.S.C. 50904(a)(1)-(4). The FAA
issues permits for the launch of reusable suborbital rockets pursuant
to the requirements of 51 U.S.C. 50906. Title 5 U.S.C. 552(a)(2)
applies to final authorizations the FAA issues to an applicant, and the
FAA should therefore make authorizations ``available for public
inspection, and copying.'' 5 U.S.C. 552(a)(2).
    In compliance with the Administrative Procedure Act, as well as
recent guidance from the White House, the FAA is planning to post all
current and future authorizations online in order to increase agency
efficiency, effectiveness, and transparency. The FAA receives Freedom
of Information Act (FOIA) requests for authorizations, and publishing
this information online would save the agency both the time and
resources used to process and respond to these FOIA requests. The
President's recent memorandum on regulatory compliance encourages
agencies to make readily accessible to the public information
concerning their regulatory compliance and enforcement activities.
Presidential Memoranda--Regulatory Compliance (January 18, 2011);
available at http://www.whitehouse.gov/the-press-office/2011/01/18/presidential-memoranda-regulatory-compliance. Publishing authorizations
online furthers the FAA's goal of transparency, openness, and public
access by making it easier and faster for the public to obtain
information regarding AST licensing and permit activities.
    Information contained in authorizations is typically not
confidential. Typical information provided in a launch license or
permit and any accompanying orders includes the specific types of
vehicles the authorization applies to, the launch location, and the
amount of liability and government property insurance the FAA requires
the authorized entity to maintain. Launch licenses also include the
term of the license, the authorized azimuths of the launch vehicle, and
any type of payload. In some cases, such as a Pegasus launch or a
launch under a permit, the launch license will define when flight
begins. Insurance information has historically been published on the
FAA website. Information including the launch area and the date and
time of the launch is provided in publicly available notices to airmen
and mariners.\2\
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    \2\ Notices to airmen and mariners are publicly available on the
FAA Web site for two months after their effective date at: http://tfr.faa.gov/tfr2/list.html.
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    Information in a site license includes the site location, site
activities, type of launch vehicle authorized for the site, and the
term of the license.
    Information provided in a reentry license includes the term of the
license, the term of insurance coverage, and the nominal reentry
locations. The insurance information is publicly available, now on the
FAA's Web site, and the nominal reentry area locations are publicly
available in notices to airmen and mariners.
    Notices to airmen and mariners are publicly available documents,
but they do not provide the same information contained in a license. A
notice to airmen and mariners will contain coordinates for an area to
alert airmen and mariners of hazards during a specified time period for
safety reasons. For reentry, this area is calculated based on the
reentry vehicle's possible impact points. While launch locations are
generally well-known because launches occur from established launch
pads, reentry locations may be the result of an operator's own
calculations and decisions. Notices to airmen that restrict air traffic
during a reentry do not provide the nominal reentry points that the FAA
currently includes in the operator's license. Therefore, operators may
have concerns about reverse engineering using the reentry data provided
in licenses. While the FAA will continue to include nominal and
contingency reentry points in authorizations, operators will have the
opportunity to request that the information be redacted from online
publication if they consider it confidential. If an operator makes such
a request, the FAA will examine the operator's rationale and make a
determination regarding whether or not the information is confidential.
    Most licenses and permits do not contain confidential information
or data. However, for those occasions where specific license terms or
conditions reflect circumstances unique to a particular operator, there
are protections available under the statute and regulations. Applicants
for a license can protect trade secrets or proprietary commercial or
financial data by requesting in writing that the information be treated
as confidential at the time it is submitted. 14 CFR 413.9(a).
Information or data the applicant wishes to protect must be clearly
marked with an identifying legend, or cover sheet containing an
identifying legend. 14 CFR 413.9(b).
    The FOIA exempts from mandatory disclosure trade secrets and
privileged or confidential commercial or financial information. 5
U.S.C. 552(b)(4). Information that ``is designated as confidential by
the person or head of the executive agency providing the information''
or that qualifies for an exemption under FOIA can be disclosed by the
Secretary of Transportation, an officer or employee of the United
States Government, or a person making a contract with the Secretary
under section 50906(b) of this title ``if the Secretary decides that
the withholding of the information or data is contrary to the public or
national interest.'' 51 U.S.C. 50916; 14 CFR 413.9(d).
    In some cases, licenses contain specific terms and conditions
tailored for a particular licensee. Even so, terms and conditions
typically do not contain confidential information, and the FAA will
publish these terms and conditions online. The terms may have a useful
effect that others may want to be aware of. In the event that the terms
and conditions contain confidential information, the licensee can
follow the procedures to protect confidential information described
above. The FAA will be providing the public with potentially useful
information by making this information more readily available through
online publication.
    Before implementing this new policy, the FAA requests comment from
the public, and is providing a period of 30 days for comment.

    Issued in Washington, DC, on August 5, 2011.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2011-21423 Filed 8-22-11; 8:45 am]
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[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Rules and Regulations]
[Page 40748-40750]
[DOCID:fr16jy08-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0003; FRL-8578-5]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to the Illinois Ozone State
Implementation Plan (SIP). On August 17, 2005, Illinois requested that
five compounds be added to its list of compounds that are exempt from
being considered as volatile organic compounds (VOCs). EPA no longer
considers four of the compounds to be VOCs for control and
recordkeeping/reporting purposes because the compounds were shown to be
negligibly photochemically reactive, and do not lead to ozone
formation. EPA, however, determined that tertiary-butyl acetate (t-
butyl acetate) has negligible contribution to ozone formation, and,
therefore, is not considered a VOC for emission limits and VOC control
requirements, it should, noneless, continue to be covered by
recordkeeping, emission reporting, and inventory requirements. Illinois
provided a supplementary submission on January 29, 2008, correcting the
August 17, 2007, submittal by clarifying the restrictions pertaining to
the compound t-butyl acetate.

DATES: This final rule is effective on August 15, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0003. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Matt Rau,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Revisions Did the State Request?
II. What Is EPA's Analysis of the Revisions?
III. What Are the Environmental Effects of This Action?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Revisions Did the State Request?

    Illinois requested revisions to its ozone SIP which would add five
compounds to the list of compounds exempt from VOC requirements because
they are negligibly photochemicially reactive. Illinois uses the term
``volatile organic matter'' or ``VOM'' in place of VOC. The State
requested the compounds 1,1,1,2,2,3,3-Heptafluoro-3-methoxypropane
(``n-C3F7OCH3''), 3-Ethoxy
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (``HFE-
7500''), 1,1,1,2,3,3,3-Heptafluoropropane (``HFC-227ea''), Methyl
formate, and tertiary-Butyl acetate (``t-butyl acetate'') be added to
Title 35 of the Illinois Administrative Code (IAC) Section 211.7150(a),
its list

of compounds exempt from VOC requirements. Illinois also requested the
addition of t-butyl acetate to the 35 IAC 211.7150(a) exemption list,
with a separate provision that special requirements, 35 IAC
211.7150(e), apply to t-butyl acetate. T-butyl acetate is to be
considered a VOC for recordkeeping, emissions reporting, modeling, and
inventory requirements, but is not to be considered VOC for emission
limits or content requirements.

II. What Is EPA's Analysis of the Revisions?

    On November 29, 2004, EPA added four compounds, n-
C3F7OCH3, HFE-7500, HFC-227ea, and
methyl formate, to its list of compounds exempt from VOC requirements,
(69 FR 69290). On the same day, EPA also exempted t-butyl acetate from
emission limitations and VOC content requirements, but continued in
effect for that compound recordkeeping, emissions reporting, and
inventory requirements, (69 FR 69298).
    In its August 17, 2005, submission, Illinois requested that n-
C3F7OCH3, HFE-7500, HFC-227ea, methyl
formate, and t-butyl acetate be listed as compounds that are exempt
from VOC requirements. The State's addition of the first four of these
compounds to its list of exempt compounds can be approved, as EPA added
them to its list of compounds exempt from VOC regulation on November
29, 2004. As to the fifth compound, t-butyl acetate, Illinois has
limited the extent of its exemption from regulation (consistent with
EPA's November 29, 2004 action), in its supplementary submission of
January 29, 2008. In 35 IAC 211.7150(a), Illinois adds t-butyl acetate
to the list of compounds exempt from VOC regulation. However, Illinois
also specifically provides that t-butyl acetate will continue to be
governed by recordkeeping, emissions reporting, and inventory
requirements. Consequently, Illinois's rule revisions provide adequate
notice to t-butyl acetate users that, while the compound is exempt from
emission limitations and content requirements, it continues to be
regulated by recordkeeping, emissions reporting and inventory
requirements.

III. What Are the Environmental Effects of This Action?

    Volatile organic compounds are precursors to ozone formation.
Complex photochemical reactions involving VOCs form tropospheric ozone.
    Ozone decreases lung function, causing chest pain and coughing. It
can aggravate asthma, reduce lung capacity, and increase risk of
respiratory diseases like pneumonia and bronchitis. Children playing
outside and healthy adults who work or exercise outside may also be
harmed by elevated ozone levels. Ozone also reduces vegetation growth
in economically important agricultural crops and wild plants.
    EPA has determined that the five compounds make a negligible
contribution to ozone formation. Thus, the compounds are no longer
considered to be VOCs for emission control purposes, and the exemptions
will not harm air quality.\1\ In fact, if sources switch from the use
of a VOC compound to one of the compounds that are no longer considered
VOCs, ozone formation may be reduced.
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    \1\ Recordkeeping and reporting requirements for t-butyl acetate
and other future exempt compounds are retained because even
``negligibly reactive'' compounds may contribute significantly to
ozone formation if present in sufficient quantities. Also, accurate
emission figures are needed for modeling analyses. The recordkeeping
and reporting for t-butyl acetate are further justified when
considering its reactivity is on the borderline of what has been
considered negligibly reactive.
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IV. What Action Is EPA Taking Today?

    EPA is approving VOC revisions to the Illinois SIP. Specifically,
EPA is approving revisions to 35 IAC 211.7150(a) and (e). Illinois has
added language to section 211.7150(a) that states that some compounds
listed in that section must also follow the restrictions in section
211.7150(e). All five compounds are listed in section 211.7150(a), but
the notation makes it clear that t-butyl acetate users must follow the
special recordkeeping, emissions reporting, modeling, and inventory
requirement restrictions from section 211.7150(e).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of

this action must be filed in the United States Court of Appeals for the
appropriate circuit by September 15, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: May 27, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(181) to read as
follows:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (181) On August 17, 2005 and January 29, 2008, Illinois submitted
revised regulations that are consistent with 40 CFR 51.100(s)(1), as
amended by 69 FR 69298. The compounds 1,1,1,2,2,3,3-heptafluoro-3-
methoxypropane (n-C3F7OCH3), 3-ethoxy
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-
7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea), and methyl formate
were added to the list of negligibly reactive compounds excluded from
the definition of VOM in 35 IAC 211.7150(a). Tertiary-butyl acetate is
also listed in 35 IAC 211.7150(a) with a notation that it must also
meet the requirements of 35 IAC 211.7150(e), which state that tertiary-
butyl acetate is considered a VOC for recordkeeping, emissions
reporting, modeling, and inventory requirements, but is not considered
a VOC for emission limits or content requirements.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental
Protection, Part 211: Definitions and General Provisions, Subpart B:
Definitions, Section 211.7150: Volatile Organic Matter (VOM) or
Volatile Organic Compound (VOC), Subsections 211.7150(a) and
211.7150(e). Effective January 16, 2008.

[FR Doc. E8-15815 Filed 7-15-08; 8:45 am]

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