[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Page 30903]
[FR Doc No: 2019-13829]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0527]

Safety Zones; Annual Events in the Captain of the Port Detroit
Zone, Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a safety zone for an annual
marine event in the Captain of the Port Detroit zone. Enforcement of
this zone is necessary and intended to protect the safety of life on
the navigable waters immediately prior to, during, and immediately
after the fireworks display. During the enforcement period listed
below, the Coast Guard will enforce restrictions upon, and control
movement of, vessels within the safety zone. During the enforcement
period, no person or vessel may enter the respective safety zone
without permission of the Captain of the Port or his designated
representative.

DATES: The regulation in 33 CFR 165.941, Table 1(50), will be enforced
from 8:30 p.m. through 10 p.m. on July 5, 2019, and in the event of
inclement weather from 8:30 p.m. through 10 p.m. on July 6, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Allie Lee, Prevention Department, telephone
(419) 418-6023, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce Safety Zones;
Annual Events in the Captain of the Port Detroit Zone listed in 33 CFR
165.941, LAZ Trommler fireworks, Table 1(50), from 8:30 p.m. through 10
p.m. on July 5, 2019, and in the event of inclement weather from 8:30
p.m. through 10 p.m. on July 6, 2019.
    Entry into, transiting, or anchoring within this safety zone during
the enforcement period is prohibited unless authorized by the Captain
of the Port Detroit or a designated representative.
    Vessels that wish to transit through the safety zone may request
permission from the Captain of the Port Detroit or his designated
representative. Requests must be made in advance and approved by the
Captain of Port before transits will be authorized. Approvals will be
granted on a case by case basis.
    This notice of enforcement is issued under authority of 33 CFR
165.941 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard will provide the maritime
community with advance notification of the above-specified enforcement
periods of this safety zone via VHF Broadcasts and Local Notice to
Mariners. If the Captain of the Port determines that this safety zones
need not be enforced for the full duration stated in this document, he
may suspend such enforcement and notify the public of the suspension
via a Broadcast Notice to Mariners. The Captain of the Port may be
contacted via U.S. Coast Guard Sector Detroit on channel 16, VHF-FM or
by calling<PHONE_NUMBER>.

    Dated: June 25, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-13829 Filed 6-27-19; 8:45 am]
 BILLING CODE 9110-04-P


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Here is the rest of the information you requested. If I can be of further help, please feel free to call. Thanks again for the list of potential customers.

Regards, John Whitaker Engineering 270 685 5138 << EPA 316b SURVEY. xls>>


[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Pages 2882-2883]
[FR Doc No: 2010-865]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1870-DR; Docket ID FEMA-2008-0018]

Alabama; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alabama (FEMA-1870-DR), dated December 31,
2009, and related determinations.

DATES: Effective Date: December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated December 31, 2009, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Alabama resulting from severe storms and flooding during the
period of December 12-18, 2009, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Alabama.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Michael Bolch, of FEMA is appointed
to act as the Federal

Coordinating Officer for this major disaster.
    The following areas of the State of Alabama have been designated as
adversely affected by this major disaster:

    Barbour, Butler, Clarke, Coffee, Conecuh, Covington, Crenshaw,
Dale, Escambia, Geneva, Henry, and Pike Counties for Public
Assistance.
    All counties within the State of Alabama are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

    (The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-865 Filed 1-15-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Page 11581]
[FR Doc No: 2022-04343]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0146]

Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun
Bay, Military Ocean Terminal Concord, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zone in the navigable
waters of Suisun Bay, off Concord, CA, in support of explosive off and
on-loading to Military Ocean Terminal Concord (MOTCO) from March 3
through March 8, 2022. This safety zone is necessary to protect
personnel, vessels, and the marine environment from potential explosion
within the explosive arc. The safety zone is open to all persons and
vessels for transitory use, but vessel operators desiring to anchor or
otherwise loiter within the safety zone must obtain the permission of
the Captain of the Port San Francisco or a designated representative.
All persons and vessels operating within the safety zone must comply
with all directions given to them by the Captain of the Port (COTP) San
Francisco or a designated representative.

DATES: The regulations in 33 CFR 165.1198 will be enforced from 12:01
a.m. on March 3, 2022, until 11:59 p.m. on March 8, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Junior Grade
William Harris, Coast Guard Sector San Francisco, Waterways Management
Division,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on March 3, 2022, until 11:59 p.m. on
March 8, 2022, or as announced via marine local broadcasts. This safety
zone is necessary to protect personnel, vessels, and the marine
environment from potential explosion within the explosive arc. The
regulation for this safety zone, Sec.  165.1198, specifies the location
of the safety zone which encompasses the navigable waters in the area
between 500 yards of MOTCO Pier 2 in position 38[deg]03'30'' N,
122[deg]01'14'' W and 3,000 yards of the pier. During the enforcement
periods, as reflected in Sec.  165.1198(d), if you are the operator of
a vessel in the regulated area you must comply with the instructions of
the COTP or the designated on-scene patrol personnel. Vessel operators
desiring to anchor or otherwise loiter within the safety zone must
contact Sector San Francisco Vessel Traffic Service at<PHONE_NUMBER> or
VHF Channel 14 to obtain permission.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via marine information broadcasts.

    Dated: February 24, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-04343 Filed 3-1-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Rules and Regulations]
[Page 12670-12674]
[DOCID:fr17mr10-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0642; Directorate Identifier 2009-NM-001-AD;
Amendment 39-16241; AD 2010-06-16]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 767 series airplanes. This AD requires inspections for scribe
lines in the fuselage skin at skin lap joints, the skin at certain
external approved repairs, the skin around external features such as
antennas, and the skin at decals; and related investigative and
corrective actions if necessary. This AD results from reports of scribe
lines found at skin lap joints and butt joints, around external repairs
and antennas, and at locations where external decals had been cut. We
are issuing this AD to detect and correct scribe lines, which can
develop into fatigue cracks in the skin and cause sudden decompression
of the airplane.

DATES: This AD is effective April 21, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 21,
2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https: //www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and

other information. The address for the Docket Office (telephone 800-
647-5527) is the Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6577; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 767 airplanes. That NPRM was published in the
Federal Register on July 16, 2009 (74 FR 34513). That NPRM proposed to
require inspections for scribe lines in the fuselage skin at skin lap
joints, the skin at certain external approved repairs, the skin around
external features such as antennas, and the skin at decals; and related
investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the commenters.

Support for the NPRM

    The Air Transport Association of America (ATA) agrees with the
intent of the NPRM.

Request To Remove Requirements for Inspections for Partially Repainted
Airplanes

    The ATA, on behalf of its member American Airlines (AA), requests
that we revise the NPRM to state that the inspections done in
accordance with Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, are necessary only in areas that have been
previously stripped or repainted.
    We agree that clarification is necessary. Note 1 of paragraph (g)
of this AD, as well as the notes in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April 9,
2009, state the exceptions to the inspection. Boeing Alert Service
Bulletin 767-53A0193, Revision 1, dated April 9, 2009, states that
these inspections are not necessary in areas that have not been
stripped or repainted. We have not changed the AD in this regard.

Request To Remove Reference to Butt Joints From Paragraph (g) of the
NPRM

    The ATA, on behalf of its member United Airlines (UAL), and Boeing
and Japan Airlines (JAL) request that we remove the term ``butt
joints'' from the requirements of paragraph (g) of the NPRM. Boeing and
JAL point out that Boeing Alert Service Bulletin 767-53A0193, Revision
1, dated April 9, 2009, does not specify any inspections for scribe
lines at butt joints.
    We agree to remove the reference to ``butt joints'' from paragraph
(g) in this final rule. While Boeing Alert Service Bulletin 767-
53A0193, Revision 1, dated April 9, 2009, does state that some scribe
lines were found at butt joint areas of the skin, it does not
specifically address scribe lines found at butt joints for Model 767
airplanes. We have removed the term ``butt joints'' from paragraph (g)
of the final rule.

Request To Remove Requirement for Inspections Where Decals Have Been
Installed

    JAL requests that we remove the requirement for inspections where
decals have been installed if procedures were used to ensure that the
skin was not damaged. JAL states that it protects the skin before
installing decals and inspects the skin to confirm that the area is
free of damage after installing decals.
    We partially agree. Using tools that do not scribe the skin should
be given consideration. However, we disagree that it is necessary to
remove the requirement for inspections of any location where decals
have been installed. Notes (b) and (d) in Table 1 in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193, Revision
1, dated April 9, 2009, state the locations that are exempt from the
inspections. Under the provisions of paragraph (l) of the final rule,
we will consider requests for approval of an alternative method of
compliance if data are submitted to substantiate that such request
would provide an acceptable level of safety. We have not changed the AD
regarding this issue.

Request To Revise Reporting Requirement

    All Nippon Airways (ANA), JAL, Boeing, and ATA, on behalf of its
member Delta, request that we require reporting for crack findings only
rather than require reporting positive and negative findings. ANA
requests that we limit reporting to positive findings of cracks equal
to or greater than 0.006 inch deep. Delta requests that reporting be
mandated only for positive findings (specifically findings over 0.001
inch deep), and requests that we extend the window for reporting from
30 to 180 days. Delta states that a longer time period will allow
findings to be batched together for a grouped report and preclude undue
compliance issues related to late reporting. The commenters state that
to require reporting for all findings, both for positive and negative
findings, is burdensome and unnecessary.
    We agree to revise the reporting requirement to require reporting
only for positive findings. Since Boeing Alert Service Bulletin 767-
53A0193, Revision 1, dated April 9, 2009, specifies that only a repair
plan be reported to Boeing, we have revised paragraph (j) of the final
rule to require reporting only for scribe lines deeper than 0.001 inch
along with a respective repair plan. While airplanes with scribe lines
greater than 0.001 inch deep and less than 0.006 inch deep may be
eligible for the limited return to service (LRTS) program depending on
location, airplanes with scribe lines greater than 0.006 inch in any
location are not eligible for the LRTS program.
    We disagree with Delta's request to extend the window for reporting
from 30 to 180 days. We find that 30 days after a completed inspection
is an appropriate amount of time to submit reporting requirements.

Request To Remove Inspection Requirement for Areas Without External
Features

    JAL requests that we remove the inspection requirement for areas
without external features. JAL notes that Boeing Alert Service Bulletin
767-53A0193, Revision 1, dated April 9, 2009, requires inspections for
scribe lines where external features are installed. JAL states that it
has airplane configurations with antennas that were not installed. JAL
requests that we add ``if an antenna is not located in the position
described in the identification, no inspection for the skin at that
location is required,'' to the AD.
    We partially agree with the commenter. Boeing Alert Service
Bulletin 767-53A0193, Revision 1, dated April 9, 2009, does not provide
instructions to address such anomalies in those areas. However, we
disagree that adding an exception to the AD is necessary because these
anomalies do not affect the majority of the fleet. JAL may address this
situation by requesting approval of an alternative method of compliance
(AMOC) according to the procedures in paragraph (l) of this AD.

We have not changed the AD in this regard.

Request To Change ``Exploratory Detailed Inspection'' to ``Detailed
Inspection''

    JAL requests that we change the term ``exploratory detailed
inspection'' to ``detailed inspection'' because Boeing Alert Service
Bulletin 767-53A0193, Revision 1, dated April 9, 2009, does not define
``exploratory detailed inspection.''
    We agree to change the term for the reason provided by the
commenter. We have revised paragraph (g) of the AD to reflect this
change.

Request To Remove Requirement to Return Airplanes To a ``Serviceable
Condition''

    The ATA, on behalf of its member AA, requests that we remove the
requirement to return airplanes to a ``serviceable condition.'' AA
notes that Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated
April 9, 2009, states ``put the airplane back into a serviceable
condition'' multiple times. AA requests that we revise the AD to
exclude this requirement because it does not address the unsafe
condition. Furthermore, AA states that most operators will accomplish
these inspections as part of a heavy maintenance visit, so returning
the airplane to a serviceable condition will occur well after the
inspections are complete.
    We partially agree with the commenter's request. The airplanes may
not be in a ``serviceable'' condition immediately after addressing the
scribe line issue. However, we disagree that revising the AD is
necessary because the statement is designed to ensure that the airplane
is airworthy after all the required tasks have been completed and
before the next flight of the airplane. We have not revised the AD in
regard to this issue.

Request To Include Alternate Measurement Tools

    The ATA, on behalf of its member AA, requests that we include
alternate measurement tools. AA notes that paragraph 2.F., ``Special
Tooling,'' of Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, lists several different optical micrometers and
laser measurement devices. AA requests that we revise the AD to include
provisions for using alternative equivalent measurement tools rather
than allowing only the specific models listed.
    We disagree with the commenter's request to revise the AD to
include alternative measurement tools. Boeing Alert Service Bulletin
767-53A0193, Revision 1, dated April 9, 2009, specifies that no special
tooling is necessary to accomplish the specified actions, and it lists
standard tools that may be needed to measure scribe line depth. We have
not changed the AD in this regard.

Request To Change Compliance Time in the Service Bulletin

    ANA requests that we change the requirement ``after the original
issue date of the service bulletin'' as it is written in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, to ``after the effective date of the
AD.''
    We agree with the commenter that the effective date of the AD
should be the date used to determine compliance. Paragraph (h) of this
final rule states that where Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, specifies a compliance time after the
date on that service bulletin, this AD requires compliance within the
specified compliance time after the effective date of this AD. We have
not changed the AD in this regard.

Explanation of Change Made to This AD

    Boeing Commercial Airplanes has received an Organization
Designation Authorization (ODA), which replaces their previous
designation as a Delegation Option Authorization (DOA) holder. We have
revised paragraph (l)(3) of this AD to delegate the authority to
approve an alternative method of compliance for any repair required by
this AD to the Boeing Commercial Airplanes ODA.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 367 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                Average                                        Cost per        U.S.-
                    Action                      Work hours    labor rate                 Parts                  product     registered      Fleet cost
                                                               per hour                                                      airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections..................................          340           $80   None............................      $27,200           367       $9,982,400
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-06-16 The Boeing Company: Amendment 39-16241. Docket No. FAA-
2009-0642; Directorate Identifier 2009-NM-001-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 21,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from reports of scribe lines found at skin
lap joints, butt joints, around external repairs and antennas, and
at locations where external decals had been cut. We are issuing this
AD to detect and correct scribe lines, which can develop into
fatigue cracks in the skin and cause sudden decompression of the
airplane.

Compliance

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

Inspection

    (g) At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, except as provided in paragraph (h)
of this AD, do detailed inspections for scribe lines of skin lap
joints around external repairs and antennas, and at locations where
external decals might have been cut. Do all applicable related
investigative and corrective actions at the times specified in
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April
9, 2009, by accomplishing all actions specified in the
Accomplishment Instructions of that service bulletin, except as
provided by paragraph (i) of this AD.

    Note 1:  The inspection exemptions noted in paragraph 1.E. of
Boeing Alert Service Bulletin 767-53A0193, Revision 1, dated April
9, 2009, apply to this AD.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, specifies a compliance time after ``the
original issue date on this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (i) Where Boeing Alert Service Bulletin 767-53A0193, Revision 1,
dated April 9, 2009, specifies to contact Boeing for appropriate
action, accomplish applicable actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.

Report

    (j) At the applicable time specified in paragraph (j)(1) or
(j)(2) of this AD: Submit a report of positive findings of scribe
lines deeper than 0.001 inch along with a repair plan found during
the inspections required by paragraph (g) of this AD. Operators may
use the reporting form contained in Appendixes B and C, as
applicable, of Boeing Alert Service Bulletin 767-53A0193, Revision
1, dated April 9, 2009. Send the report to Boeing Commercial
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. The report
must contain, at a minimum, the inspection results, a description of
any discrepancies found, the airplane serial number, and the number
of flight cycles and flight hours on the airplane. Under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.),
the Office of Management and Budget (OMB) has approved the
information collection requirements contained in this AD and has
assigned OMB Control Number 2120-0056.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

Credit for Actions Accomplished Previously

    (k) Actions accomplished previously in accordance with Boeing
Alert Service Bulletin 767-53A0193, dated November 25, 2008, are
considered acceptable for compliance with the applicable actions
specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

Material Incorporated by Reference

    (m) You must use Boeing Alert Service Bulletin 767-53A0193,
Revision 1, dated April 9, 2009, to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the 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, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

     Issued in Renton, Washington, on March 9, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5670 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P


From:
Zavoda, Rich<EMAIL_ADDRESS>Sent:
Friday, June 19, 2020 1:46 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Cc:
Skolnekovich, Danielle L<EMAIL_ADDRESS>Benoit, Simonne T<EMAIL_ADDRESS>Subject:
FW: Coke ICR QA - EPA follow-up questions - Monessen Response to EPA's 5/22/20 Questions - Stay Safe During the COVID Pandemic

Dr. Jones and Gabrielle,

Please see the attached ArcelorMittal Monessen Coke ICR data file that was updated to address your questions. We have also provided the following description of the revisions below to assist with your review.
Excel file Tab A-1 revisions:
 We added column AD (shaded light green) to show that EPA column AC data (Total Pushing process time of 12 minutes) is incorrect. Total Pushing time is only relevant to Pushing Baghouse test and Total Pushing process time needs to be deleted for Battery Combustion Stack #2 and Quench Tower testing.
 Similarly, Total Charging process time of 11 minutes appears incorrect and is now column AE. This time is not relevant to Battery Combustion Stack #2 and Boiler #1 and #2, Pushing Baghouse tests or Quench Tower testing results and should be deleted.
 We added, as comments, in Column BG in rows 812 & 815 showing the corrected lb/hr values for Quench tower testing PM filterable and PM2.5 Condensable. For the relevant Pushing Baghouse test only, we filled in new Column BI, shaded light green, (Pushing Time min/hr), and RTI/EPA said in the 5/22/20 email below that they would fill in BH (Industry Revised Emission Rate  -  NOT ADJUSTED for non-detectable values).  Please let us know when and how the emissions will be properly corrected to account for testing with non-detectable results so that EPA's emission estimates do not overestimate the emissions.
 Battery Combustion Stack #2  -  "USEPA is asking for PM2.5 filterable and PM2.5 condensable (highlighted orange in rows (39-44), TSO (Rows 174-176), SO2, CO and HCl (Rows 183-191).  In the test report (page 8 of pdf), it states that USEPA approved previously submitted testing which exempted them from conducting additional testing for TSO, HCl, PM2.5, condensable PM, SO2 and CO at the Battery 2 Combustion Stack.  Therefore, testing was not completed for the aforementioned constituents." Response: See attached Battery Combustion Stack #2 requested 2016 test results.
 Pushing Baghouse  -  "USEPA is asking for PM2.5 filterable and PM2.5 condensable (highlighted orange in rows (549-39-554, TSO (Rows 786-788), SO2, CO and HCl (Rows 795-803).  In the test report (page 8 of pdf), it states that USEPA approved previously submitted testing which exempted them from conducting additional testing for TSO, HCl, PM2.5, condensable PM, SO2 and CO at the Pushing Baghouse Stack.  Therefore, testing was not completed for the aforementioned constituents."  Response: Requested Pushing Baghouse 2016 test results will be provided in a second email due to the size of the requested test results files.

Rich Zavoda | Regional Manager, Air Quality Program
ArcelorMittal USA
Environmental Affairs| 4020 Kinross Lakes Parkway, Richfield, Ohio 44286-9000
T +1<PHONE_NUMBER> | F +1<PHONE_NUMBER> | www.arcelormittal.com

<< EPAreview-AM-Monessen-PA_IndustryQA_CokeOvens-Enclosure2_EPA-Questions-EPA.RTI 5.22.20 AMMreply 6.19.20.xlsx >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 pm.pdf >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 SO2 CO.pdf >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 HCl.pdf >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 mcem.pdf >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 op data.pdf >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 montrose data.pdf >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 montrose data mtd 26.pdf >>
<< ArcelorMittalMonessen_EPASection 114_Request_EmissionsTestReport_2016 op data tons.pdf >>

From: Raymond, Gabrielle<EMAIL_ADDRESS>Sent: Friday, May 22, 2020 9:33 AM
To: Jones, DonnaLee<EMAIL_ADDRESS>Zavoda, Rich<EMAIL_ADDRESS>Cc: Gammon, Marian<EMAIL_ADDRESS>Skolnekovich, Danielle L<EMAIL_ADDRESS>Subject: RE: Coke ICR QA - EPA follow-up questions

Hello,

After sending the EPA follow-up questions file, Donna Lee realized we could enter the previous test data.

We've updated those EPA comments to "EPA will fill in previous data" in the attached file.
EPAreview-AM-Monessen-PA_IndustryQA_CokeOvens-Enclosure2_EPA-Questions-R.xlsx

Thank you,
Gabrielle

Gabrielle Raymond
RTI International
3040 Cornwallis Road
P.O. Box 12194
Research Triangle Park, NC 27709
Phone:<PHONE_NUMBER>

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Thursday, May 21, 2020 8:04 PM
To: Zavoda, Rich<EMAIL_ADDRESS>Cc: Gammon, Marian<EMAIL_ADDRESS>Skolnekovich, Danielle L<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Subject: Coke ICR QA - EPA follow-up questions

Hello Rich, et al. Hope everyone is doing OK. Thank you for your review of the ICR data for AM-Monessen-PA. We have comments and requests for corrections/additional data, and also responded to your questions&comments. These are listed in the first new worksheet (shown partially below) and in column BO of worksheet A-1.

Please provide your changes/additions in 30 days from receipt of this email. Thank you again for all your work on this ICR. Your effort is greatly appreciated.

EPA Questions for Facility
1. Please provide revised concentration data (in Column BC) and emission rate data (in Column BG) WITHOUT adjusting for non-detect runs.
2. Please provide the Pushing Time (min/hr) to use to adjust the pushing lb/hr values in column BH for the applicable pushing tests. [We tried using 12 minutes from Table 10 of test report, but that doesn't seem to match the revised values industry provided].
3. Please provide missing data highlighted in brown
4. See EPA Review Comments of Industry QA Revisions/Comments in Column BO.

Note, EPA edits made in worksheet #A-1. Air Stack Tests" to fix transcription errors are in green font and are blue highlighted.

Facility email notes with added EPA responses/questions in green font, below.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.


[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40070-40071]
[FR Doc No: 2015-16957]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-0001]

Science Board to the Food and Drug Administration; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Science Board to the Food and Drug
Administration (Science Board).
    General Function of the Committee: The Science Board provides
advice to the Commissioner of Food and Drugs and other appropriate
officials on specific, complex scientific and technical issues
important to FDA and its mission, including emerging issues within the
scientific community. Additionally, the Science Board provides advice
to the Agency on keeping pace with technical and scientific
developments including in regulatory science, input into the Agency's
research agenda, and on upgrading its scientific and research
facilities and training opportunities. It will also provide, where
requested, expert review of Agency sponsored intramural and extramural
scientific research programs.
    Date and Time: The meeting will be held on July 29, 2015, from 8:30
a.m. to 4 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm. 1503 B and C), Silver Spring, MD
20993-0002. For those unable to attend in person, the meeting will also
be Webcast. The link for the Webcast is available at: https://collaboration.fda.gov/scienceboard2015/. Answers to commonly asked
questions including information regarding special accommodations due to
a disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    Contact Person: Rakesh Raghuwanshi, Office of the Chief Scientist,
Food and Drug Administration, Bldg. 1, Rm. 3309, 10903 New Hampshire
Ave., Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: The Science Board will be provided with a report from the
Commissioner's Fellowship Program Evaluation subcommittee and will be
provided with a progress report from the Science Looking Forward
subcommittee. The Board will hear an overview of two scientific
activities from the Center for Veterinary Medicine and will be asked to
provide input on strategies to implement targeted directives contained
in the National Strategy for Combating Antibiotic-Resistant Bacteria,
designed to guide action by public health, health care, and veterinary
partners in a common effort to address urgent and serious drug-
resistant threats that affect people in the United States and around
the world. A recipient of one of the Fiscal Year 2014 Scientific
Achievement Awards (selected by the Board) will provide an overview of
the activities for which the award was given. A status update on the
21st Century Cures Act will be presented, and the Deputy Commissioner
for Medical Products and Tobacco will discuss his vision for the Office
of Medical Products and Tobacco.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before July
22, 2015. Oral presentations from the public will be scheduled between
approximately 2:45 and 3:45 p.m. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or

arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before July 14, 2015. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by July 15, 2015.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Mr. Rakesh
Raghuwanshi at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: July 7, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-16957 Filed 7-10-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Page 30235]
[FR Doc No: 2015-12801]

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

[EPA-HQ-OPPT-2003-0004; FRL-9927-82]

Access to Confidential Business Information by Eastern Research
Group

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized its contractor, Eastern Research Group
(ERG) of Lexington, MA, to access information which has been submitted
to EPA under all sections of the Toxic Substances Control Act (TSCA).
Some of the information may be claimed or determined to be Confidential
Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than June
3, 2015.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Scott Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004 is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 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 OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    Under EPA contract number EP-W-15-006, contractor ERG of 110
Hartwell Ave, Suite 1, Lexington, MA will assist the Office of
Pollution Prevention and Toxics (OPPT) in compliances investigations;
obtaining expert witness support; monitoring or analysis of regulated
substances from manufacturing, processing, and distribution in
commerce; and disposal of pesticides and toxic substances. The
contractor will also assist in conducting enforcement case development
and analysis activities under TSCA.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number EP-W-15-006, ERG will require access to CBI
submitted to EPA under all section(s) of TSCA to perform successfully
the duties specified under the contract. ERG's personnel will be given
access to information submitted to EPA under all section(s) of TSCA.
Some of the information may be claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide ERG access to these CBI
materials on a need-to-know basis only. All access to TSCA CBI under
this contract will take place at EPA Headquarters and ERG's site
located at 14555 Avion Parkway, Suite 200, Chantilly, VA, in accordance
with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until April 30,
2020. If the contract is extended, this access will also continue for
the duration of the extended contract without further notice.
    ERG personnel will be required to sign nondisclosure agreements and
will be briefed on appropriate security procedures before they are
permitted access to TSCA CBI.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: May 20, 2015.
Mario Caraballo,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2015-12801 Filed 5-26-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7788-7790]
[FR Doc No: 2022-02720]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0362; FRL-9502-01-R4]

Air Plan Approval; Kentucky; 2015 8-Hour Ozone Nonattainment New
Source Review Permit Program Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Kentucky State Implementation Plan (SIP)
submitted by the Commonwealth of Kentucky, through the Kentucky Energy
and Environment Cabinet, on October 15, 2020. EPA is proposing to
approve Kentucky's certification that existing Nonattainment New Source
Review (NNSR) permitting regulations meet the nonattainment planning
requirements for the 2015 8-hour ozone National Ambient Air Quality
Standards (NAAQS) for Bullitt and Oldham Counties in the Louisville,
KY-IN 2015 8-hour ozone Marginal nonattainment area and portions of
Boone, Kenton, and Campbell Counties in the Cincinnati, OH-KY Marginal
nonattainment area.

This action is being proposed pursuant to the Clean Air Act (CAA or
Act) and its implementing regulations.

DATES: Comments must be received on or before March 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0362 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, GA 30303-8960. The telephone number is
(404) 562-9144. Ms. Williams can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The New Source Review (NSR) program is a preconstruction permitting
program that requires certain stationary sources of air pollution to
obtain permits prior to beginning construction. The NSR permitting
program applies to new construction and modification of existing
sources. New construction and modifications that emit ``regulated NSR
pollutants'' over certain thresholds are subject to major NSR
requirements, while smaller emitting sources and modifications may be
subject to minor NSR requirements.
    Major NSR permits for sources that are in attainment or
unclassifiable areas are referred to as Prevention of Significant
Deterioration (PSD) permits. Major NSR permits for sources in
nonattainment areas and that emit pollutants above the specified
thresholds for which the area is in nonattainment are referred to as
NNSR permits.
    A new stationary source is subject to major NSR requirements if its
potential to emit a regulated NSR pollutant exceeds certain emission
thresholds. If it exceeds the applicable threshold, the NSR regulations
define it as a ``major stationary source.'' An existing major
stationary source triggers major NSR permitting requirements when it
undergoes a ``major modification,'' which occurs when a source
undertakes a physical change or change in method of operation (i.e., a
``project'') that would result in: (1) A significant emissions increase
from the project, and (2) a significant net emissions increase from the
source. See, e.g., 40 CFR 51.165(a)(1)(v)(A) and 40 CFR
51.165(a)(1)(xxxix).
    On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of
0.070 parts per million (ppm). See 80 FR 65292 (October 26, 2015). Upon
promulgation of a new or revised ozone NAAQS, section 107(d) of the CAA
requires EPA to designate as nonattainment any area that is violating
the NAAQS (or that contributes to ambient air quality in a nearby area
that is violating the NAAQS). As part of the designations process for
the 2015 8-hour ozone NAAQS, EPA designated two areas in Kentucky as
Marginal ozone nonattainment areas, effective August 3, 2018.\1\ See 83
FR 25776 (June 4, 2018). Areas that were designated as ``Marginal''
ozone nonattainment areas were required to attain the 2015 8-hour ozone
NAAQS no later than three years after the effective date of
designation. See 40 CFR 51.1303.
---------------------------------------------------------------------------

    \1\ The Kentucky 2015 8-hour ozone NAAQS nonattainment areas are
the Kentucky portions of the Cincinnati, OH-KY, and Louisville, KY-
IN areas. The Kentucky portion of the Cincinnati, OH-KY
nonattainment area consists of portions of Boone, Kenton, and
Campbell Counties. The Kentucky portion of the Louisville, KY-IN
ozone nonattainment area consists of Jefferson, Bullitt, and Oldham
Counties. The NNSR requirement for Jefferson County, Kentucky, will
be addressed in a separate action.
---------------------------------------------------------------------------

    On December 6, 2018, EPA issued a final rule entitled
``Implementation of the 2015 National Ambient Air Quality Standards for
ozone: State Implementation Plan Requirements'' (SIP Requirements
Rule), which establishes the requirements that state, tribal, and local
air quality management agencies must meet as they develop
implementation plans for areas where air quality exceeds the 2015 8-
hour ozone NAAQS. See 83 FR 62998; 40 CFR part 51, subpart CC. Based on
the nonattainment designation for the 2015 8-hour ozone NAAQS, Kentucky
was required to develop a SIP revision addressing the requirements of
CAA sections 172(c)(5) and 173 for Kentucky's 2015 8-hour ozone
Marginal nonattainment areas. See 42 U.S.C. 7502(c). Section 172(c)(5)
of the CAA requires each state with a nonattainment area to submit a
SIP revision requiring NNSR permits in the nonattainment area in
accordance with the permitting requirements of CAA section 173.\2\ The
minimum SIP requirements for NNSR permitting for the 2015 8-hour ozone
NAAQS are located in 40 CFR 51.165. See 40 CFR 51.1314.
---------------------------------------------------------------------------

    \2\ CAA section 173 requires, among other things, emissions
offsets. The emissions offset ratio for Marginal ozone nonattainment
areas is found in CAA section 182(a)(4).
---------------------------------------------------------------------------

    On October 15, 2020, Kentucky submitted a SIP revision addressing,
among other things,\3\ permit program requirements (i.e., NNSR) for the
2015 8-hour ozone NAAQS for Kentucky's 2015 8-hour ozone Marginal
nonattainment areas. EPA's analysis of how this SIP revision addresses
the NNSR requirements for the 2015 8-hour ozone NAAQS is provided
below.
---------------------------------------------------------------------------

    \3\ The other elements of Kentucky's submittal are being
addressed in separate rulemakings.
---------------------------------------------------------------------------

II. Analysis of the Commonwealth's Submittal

    Kentucky's longstanding, SIP-approved NNSR regulation at 401
Kentucky Administrative Regulation (KAR) 51:052, Review of new sources
in or impacting upon nonattainment areas, establishes air quality
permitting requirements for the construction or modification of major
stationary sources located within, or impacting, areas designated as
nonattainment.\4\ In its October 15, 2020, SIP revision, Kentucky
certifies that the version of 401 KAR 51:052 in the SIP satisfies the
federal NNSR requirements for the Kentucky 2015 8-hour ozone Marginal
nonattainment areas. EPA approved Kentucky's NNSR certification for the
2008 8-hour ozone NAAQS into the Kentucky SIP on April 10, 2017. See 82
FR 17131.\5\ The SIP-approved version of 401 KAR 51:052 has not been
updated since that 2017 rulemaking.
---------------------------------------------------------------------------

    \4\ This SIP-approved rule also requires offsets for nitrogen
oxides and volatile organic compounds of at least 1.1:1 in Marginal
nonattainment areas. See 401 KAR 51:052, Section 4, Paragraph 3(b).
    \5\ While this proposed rulemaking pertains to Bullitt and
Oldham Counties and portions of Boone, Campbell and Kenton Counties,
401 KAR 51:052 applies to any areas in the Commonwealth designated
as nonattainment.
---------------------------------------------------------------------------

    The current SIP-approved version of 401 KAR 51:052 covers
Kentucky's 2015 8-hour ozone Marginal nonattainment

areas (i.e., the counties and partial counties to which this proposed
action pertains) and remains adequate to meet all applicable NNSR
requirements for the 2015 8-hour ozone NAAQS. EPA is therefore
proposing to approve Kentucky's certification that 401 KAR 51:052 meets
the NNSR requirements for implementation of the 2015 8-hour ozone
NAAQS.

III. Proposed Action

    EPA is proposing to approve Kentucky's SIP revision addressing the
NNSR requirements for the 2015 8-hour ozone NAAQS for Kentucky's 2015
8-hour ozone Marginal nonattainment areas, submitted on October 15,
2020. EPA has preliminarily determined that Kentucky's submission
fulfills the 40 CFR 51.1314 requirement and meets the requirements of
CAA section 172(c)(5) and 173 and the minimum SIP requirements of 40
CFR 51.165.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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 CAA. This proposed action
merely proposes to approve state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-02720 Filed 2-9-22; 8:45 am]
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