[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14854-14855]
[FR Doc No: 2022-05510]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0125; FRL-9664-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Polyvinyl Chloride and Copolymers
Production (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Polyvinyl Chloride and
Copolymers Production (EPA ICR Number 2432.06, OMB Control Number 2020-
0666), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through
April 30, 2022. Public comments were previously requested, via the
Federal Register, on April 13, 2021 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may neither conduct nor
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before April 15,
2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2021-0125, online using www.regulations.gov (our preferred method)
or by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 2821T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's
policy is that all comments received will be included in the public
docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the

public docket for this ICR. The docket can be viewed online at https://www.regulations.gov, or in person, at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Polyvinyl Chloride and Copolymers Production
(40 CFR part 63, subpart HHHHHHH) apply to both existing and new PVC
production facilities. Area source PVC facilities are subject to 40 CFR
part 63, subpart DDDDDD and not covered in this ICR. New facilities
include those that either commenced construction or reconstruction
after the date of proposal. In general, all NESHAP standards require
initial notifications, performance tests, and periodic reports by the
owners/operators of the affected facilities. They are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance, and are required of all affected facilities subject to
NESHAP. This information is being collected to assure compliance with
40 CFR part 63, subpart HHHHHHH.
    Form Numbers: None.
    Respondents/affected entities: Polyvinyl chloride and copolymer
production facilities that are major sources of HAP.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart HHHHHHH).
    Estimated number of respondents: 13 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 318,000 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $44,700,000 (per year), which includes
$7,140,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the Estimates: The decrease in burden from the most-
recently approved ICR is due to four adjustments. There is an
adjustment decrease in the total estimated burden as currently
identified in the OMB Inventory of Approved Burdens. The adjustment
decrease in burden from the most-recently approved ICR is due to a
decrease in the number of respondents. The most-recently approved ICR
estimated 15 major source facilities. The Wacker-Calvert City facility
has ceased PVC operations. Although the previous ICR considered the
Formosa--Point Comfort operations to be two facilities, this ICR more
appropriately considers these operations as a single respondent, due to
shared equipment, controls, and/or employees. Therefore, this ICR
renewal considers there to be 13 major source facilities. The
adjustment decrease is also due to a correction to the number of hours
needed for existing respondents to refamiliarize with rule requirements
each year.
    The adjustment decrease is also offset by corrections to burden
estimates for resin sampling, PRD electronic monitor review,
gasholders, storage vessels, and ongoing inspections of bypasses, and
to the number of occurrences per year for recordkeeping requirements to
more accurately reflect facility activities.
    There is an increase in the operation and maintenance (O&M) costs,
as calculated in section 6(b)(iii), compared with the costs in the
previous ICR. Although the number of respondents with O&M decreased,
corrections were made to the annual O&M costs for VC ambient
monitoring, uncontrolled wastewater testing, and uncontrolled
wastewater Non-VC TOHAP testing to more accurately reflect both the
number of monitors per facility and the number of waste streams sampled
per facility.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-05510 Filed 3-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Rules and Regulations]
[Pages 24332-24334]
[FR Doc No: 2014-09853]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0110]
RIN 1625-AA08

Special Local Regulation; Low Country Splash, Wando River, Cooper
River, and Charleston Harbor; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Wando River, Cooper River, and Charleston Harbor in
Charleston, SC during the Low Country Splash in Charleston, SC, on May
24, 2014. This special local regulation is necessary to ensure the
safety of participants, spectators, and the general public during the
event. The special local regulation will temporarily restrict vessel
traffic in a portion of the Wando River and Charleston Harbor,
preventing non-participant vessels from entering, transiting through,
anchoring in, or remaining within the regulated area unless authorized
by the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective on May 24, 2014, and will be enforced
from 7:00 a.m. until 9:00 a.m.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2014-0110 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-0110 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Sector Charleston Office of Waterways Management, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    On March 21, 2014, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation; Low Country Splash, Wando
River, Cooper River, and Charleston Harbor, Charleston, SC in the
Federal Register (76 FR 246). We received no comments on the proposed
rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during the Low Country Splash.

C. Discussion of Comments, Changes and the Final Rule

    On Saturday, May 24, 2014, the Low Country Splash is scheduled to
take place on the waters of the Wando River, Cooper River, and
Charleston Harbor. The race will commence at Daniel Island Pier,
transit south in the Wando River, crossing the navigational channel at
Hobcaw Point and continuing South into Charleston Harbor. The race will
finish at Charleston Harbor Resort Marina. The event consists of a
large number of swimmers. There will be safety vessels preceding the
participating swimmers, and following the last participating swimmers.
This event poses significant risks to participants, spectators, and the
boating public because of the large number of swimmers and recreational
vessels that are expected in the area of the event. The special local
regulation is necessary to ensure the safety of participants,
spectators, and vessels from the hazards associated with the event.
    The special local regulation will designate a temporary regulated
area on the Wando River, Cooper River, and Charleston Harbor in
Charleston, South Carolina. The special local regulation will be
enforced from 7:00 a.m. until 9:00 a.m. on May 24, 2014. Persons and
vessels may not enter, transit through, anchor in, or remain within the
safety zone unless authorized by the Captain of the Port Charleston or
a designated representative.
    Persons and vessels desiring to enter, transit through, anchor in,
or remain within the regulated area may contact the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through,

anchor in, or remain within the regulated area is granted by the
Captain of the Port Charleston or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Charleston or a designated
representative. The Coast Guard will provide notice of the special
local regulation by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full regulatory evaluation is unnecessary. This rule may have some
impact on the public, but these potential impacts will be minimal for
the following reasons: (1) The rule will be in effect for only two
hours; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the buffer zones without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
effective period; (3) advance notification will be made to the local
maritime community via broadcast notice to mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion The
Wando River, Cooper River, and Charleston Harbor from 7:00 a.m. until
9:00 a.m. on May 24, 2014. For the reasons discussed in the Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a

category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation issued in conjunction with a regatta or marine
parade. An environmental analysis checklist and a Categorical Exclusion
Determination were completed for this event in previous years. Since
this event has remained materially unchanged from the time of the prior
determinations, a new environmental analysis checklist and Categorical
Exclusion Determination were not completed for 2014. The previously
completed environmental analysis checklist and Categorical Exclusion
Determination can be found in docket folder for USCG-2013-0052 at
www.regulations.gov. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.T07-0110 to read as follows:

Sec.  100.T07-0110  Special Local Regulations; Low Country Splash,
Wando River, Cooper River, and Charleston Harbor, Charleston, SC.

    (a) Regulated Areas. The following regulated area is established as
a special local regulation. All waters within a moving zone, beginning
at Daniel Island Pier in approximate position 32[deg]51'20'' N,
079[deg]54'06'' W, South along the coast of Daniel Island, across the
Wando River to Hobcaw Yacht Club, in approximate position
32[deg]49'20'' N, 079[deg]53'49'' W, South along the coast of Mt.
Pleasant, S.C., to Charleston Harbor Resort Marina, in approximate
position 32[deg]47'20'' N, 079[deg]54'39'' W. There will be a temporary
Channel Closer from 0730 to 0815 on May 24, 2014 between Wando River
Terminal Buoy 3 (LLNR 3305), and Wando River Terminal Buoy 5 (LLNR
3315). The zone will at all times extend 75 yards both in front of the
lead safety vessel preceding the first race participants; 75 yards
behind the safety vessel trailing the last race participants; and at
all times extending 100 yards on either side of participating race and
safety vessels. Information regarding the identity of the lead safety
vessel and the last safety vessel will be provided 2 days prior to the
race via broadcast notice to mariners and marine safety information
bulletins.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless otherwise authorized by the Captain of the Port
Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16 to seek authorization. If
authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
permission must comply with the instructions of the Captain of the Port
Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas
through advanced notice via broadcast notice to mariners and by on-
scene designated representatives.
    (d) Effective Date. This rule is effective on May 24, 2014, and
will be enforced from 7:00 a.m. to 9:00 a.m.

    Dated: April 14, 2014.
R.R. Rodriguez,
Captain, U. S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-09853 Filed 4-29-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48791-48792]
[FR Doc No: 2016-17514]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0701; FRL-9949-25-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Miscellaneous Coating
Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Miscellaneous
Coating Manufacturing (40 CFR part 63, subpart HHHHH) (Renewal)'' (EPA
ICR No. 2115.05, OMB Control No. 2060-0535), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a
proposed extension of the ICR, which is currently approved through July
31, 2016. Public

comments were requested previously via the Federal Register (80 FR
32116) on June 5, 2015, during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before August 25,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0701, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes,
or additions to the Provisions are specified at 40 CFR part 63, subpart
HHHHH. Owners or operators of the affected facilities must submit
initial notification reports, performance tests, and periodic reports
and results. Owners or operators are also required to maintain records
of the occurrence and duration of any startup, shutdown, or malfunction
in the operation of an affected facility, or any period during which
the monitoring system is inoperative. Reports, at a minimum, are
required semiannually.
    Form Numbers: None.
    Respondents/affected entities: Facilities that manufacture a
miscellaneous coating.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart HHHHH).
    Estimated number of respondents: 44 (total).
    Frequency of response: Initially, occasionally and semiannually.
    Total estimated burden: 55,800 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $6,690,000 (per year), which includes
$928,000 in either annualized capital/startup or operation &
maintenance costs.
    Changes in the Estimates: There is an adjustment decrease in
respondent burden in this ICR from the most recently approved ICR. This
is due to a decrease in the respondent universe. For this ICR, we have
updated the estimated number of respondents based on information
obtained from industry consultation. This results in a decrease in the
labor hours, O&M costs, and total number of responses.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2016-17514 Filed 7-25-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76102-76104]
[FR Doc No: 2023-24383]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1410; Project Identifier MCAI-2022-01517-E;
Amendment 39-22575; AD 2023-21-03]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2013-26-10
for certain Rolls-Royce Deutschland Ltd & Co KG (RRD) Model RB211-
524G2-19, RB211-524G3-19, RB211-524H-36, and RB211-524H2-19 engines. AD
2013-26-10 required a one-time reduction in the cyclic life of certain
high-pressure compressor (HPC) rotor stage 1 and stage 2 disks, and
removal of disks that exceed the reduced cycle life. Since the FAA
issued AD 2013-26-10, the manufacturer has revised the engine time
limits manual (TLM), introducing new and more restrictive instructions.
This AD is prompted by the manufacturer revising the engine time limits
manual, introducing new and more restrictive instructions. This AD
requires revisions to the airworthiness limitations section (ALS) of
the operator's existing approved engine maintenance or inspection
program, as applicable, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 11, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 11,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1410; 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, the mandatory continuing airworthiness
information (MCAI), 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.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone:
+49 221 8999 000; email: [email protected]; website: easa.europa.eu.
You may find this material on the EASA website at ad.easa.europa.eu. It
is also available at regulations.gov under Docket No. FAA-2023-1410.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-
7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2013-26-10, Amendment 39-17719 (79 FR 1315,
January 8, 2014), (AD 2013-26-10). AD 2013-26-10 applied to certain RRD
Model RB211-524G2-19, RB211-524G3-19, RB211-524H-36, and RB211-524H2-19
engines. AD 2013-26-10 required a one-time reduction in the cyclic life
of certain HPC rotor stage 1 and stage 2 disks, and removal of disks
that exceed the reduced cycle life. The FAA issued AD 2013-26-10 to
prevent the failure of certain life-limited parts, which could result
in uncontained engine damage and damage to the airplane.
    The NPRM published in the Federal Register on July 11, 2023 (88 FR
44075). The NPRM was prompted by AD 2022-0232, dated November 28, 2022
(EASA AD 2022-0232) (referred to after this as the MCAI), issued by
EASA which is the Technical Agent for the Member States of the European
Union. The MCAI states that the ALS for RB211-524G/H engines, which is
approved by EASA, is defined and published in TLM T-211(524)-7RR, and
that these airworthiness limitations have been identified as mandatory
for continued airworthiness. The MCAI also states that since the
original issue of TLM T-211(524)-7RR, updated thresholds and intervals
were introduced for newly designed parts. EASA AD 2013-0246 was issued
to require implementation of the reduced cyclic life limit and
replacement of HPC stage 1 and 2 disks before exceeding their life
limit. The MCAI also states that the manufacturer published a revised
engine TLM since EASA AD 2013-0246 was issued, introducing new and more
restrictive instructions. The ALS defined in the revised engine TLM
also adds RRD Model RB211-524G2-T-19, RB211-524G3-T-19, RB211-524H-T-
36, and RB211-524H2-T-19 engines to the list of affected engines.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1410.
    In the NPRM, the FAA proposed to require revising the existing
approved engine maintenance or inspection program, as applicable, to
incorporate new and more restrictive airworthiness limitations, which
are specified in EASA AD 2022-0232 described previously, except for any
differences identified as exceptions in the regulatory text of this AD
and as discussed under ``Differences Between this AD and the MCAI.''

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association,
International (ALPA). ALPA supported the NPRM without change.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data,
considered the comment received, and determined that air safety
requires adopting the AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
minor editorial changes, this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0232, which specifies instructions
for

accomplishing the actions specified in the applicable TLM, including
performing maintenance tasks, replacing life-limited parts, and
revising the existing approved maintenance or inspection program, as
applicable, by incorporating the limitations, tasks, and associated
thresholds and intervals described in the TLM.
    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 MCAI

    Where paragraph (3) of EASA AD 2022-0232 specifies revising the
approved Aircraft Maintenance Programme within 12 months after the
effective date of EASA AD 2022-0232, this AD requires revising the ALS
of the existing approved engine maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD affects 22 engines installed on
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
----------------------------------------------------------------------------------------------------------------
Revise the ALS of the existing        1 work-hour x $85 per                $0              $85           $1,870
 approved engine maintenance or        hour = $85.
 inspection program.
----------------------------------------------------------------------------------------------------------------

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

    The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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:
0
a. Removing Airworthiness Directive 2013-26-10, Amendment 39-17719 (79
FR 1315, January 8, 2014); and
0
b. Adding the following new airworthiness directive:

2023-21-03 Rolls-Royce Deutschland Ltd & Co KG: Amendment 39-22575;
Docket No. FAA-2023-1410; Project Identifier MCAI-2022-01517-E.

(a) Effective Date

    This airworthiness directive (AD) is effective December 11,
2023.

(b) Affected ADs

    This AD replaces AD 2013-26-10, Amendment 39-17719 (79 FR 1315,
January 8, 2014).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD)
Model RB211-524G2-19, RB211-524G2-T-19, RB211-524G3-19, RB211-524G3-
T-19, RB211-524H-36, RB211-524H-T-36, RB211-524H2-19, and RB211-
524H2-T-19 engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the engine
time limits manual, introducing new and more restrictive
instructions. The FAA is issuing this AD to prevent failure of
certain life-limited parts. The unsafe condition, if not addressed,
could result in uncontained engine damage and damage to the
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Perform all
required actions within the compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0232, dated November 28, 2022 (EASA AD 2022-0232).

(h) Exceptions to EASA AD 2022-0232

    (1) Where EASA AD 2022-0232 defines the AMP as the ``approved
Aircraft Maintenance Programme which contains the tasks on the basis
of which the scheduled maintenance is conducted to ensure the
continuing airworthiness of each operated engine,'' replace that
text with the ``Aircraft Maintenance Program which contains the
tasks of which the operator or the owner ensures the continuing
airworthiness of each operated airplane.''
    (2) Where EASA AD 2022-0232 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) This AD does not require compliance with paragraph (1) of
EASA AD 2022-0232.
    (4) This AD does not require compliance with paragraph (2) of
EASA AD 2022-0232.
    (5) Where paragraph (3) of EASA AD 2022-0232 specifies revising
the approved Aircraft Maintenance Programme within 12 months after
the effective date of EASA AD 2022-0232, this AD requires revising
the airworthiness limitations section (ALS) of the

existing approved engine maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
    (6) This AD does not require compliance with paragraph (4) of
EASA AD 2022-0232.
    (7) This AD does not require compliance with paragraph (5) of
EASA AD 2022-0232.
    (8) This AD does not adopt the Remarks paragraph of EASA AD
2022-0232.

(i) Provisions for Alternative Actions and Intervals

    After performing the actions required by paragraph (g) of this
AD, no alternative actions and associated thresholds and intervals,
including life limits, are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2022-0232.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety 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
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the AIR-520 Continued
Operational Safety Branch, send it to the attention of the person
identified in paragraph (k) of this AD and email to: [email protected].
    (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) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation
Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198;
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) European Union Aviation Safety Agency (EASA) AD 2022-0232,
dated November 28, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0232, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 18, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-24383 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 2, 2008 (Volume 73, Number 106)]
[Rules and Regulations]
[Page 31372-31376]
[DOCID:fr02jn08-10]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0699; FRL-8568-8]
RIN 2060-AO90

Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry; Standards of
Performance for Equipment Leaks of VOC in Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; stay.

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

SUMMARY: EPA is taking direct final action on the standards of
performance for equipment leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry (SOCMI) and Petroleum Refineries. On
November 16, 2007, EPA promulgated amendments and established new
standards for these industries. Following that action, the
Administrator received a petition for reconsideration. In response to
the petition, EPA granted a stay of certain provisions in the final
amendments and new standards. In this action, EPA is extending the stay
of the requirements under reconsideration until a final decision is
reached on these issues.

DATES: This rule is effective on August 1, 2008 without further notice,
unless EPA receives adverse comment by July 2, 2008 or receives a
request for a public hearing. If EPA receives adverse comment or a
hearing request, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0699, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Postal Service, send comments to: Air and
Radiation Docket (6102T), Docket No. EPA-HQ-OAR-2006-0699,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies. 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 20460.
     Hand Delivery: In person or by Courier, deliver comments
to: Air and Radiation Docket (6102T), EPA West Building, Room B-102,
1301 Constitution Ave., NW., Washington, DC 20004. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0699. 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 Web site 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 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 home page at http://www.epa.gov/epahome/
dockets.htm.
    Docket: All documents in the docket are listed in the Federal
Docket Management System index at www.regulations.gov. Although listed
in the index, some information is not publicly available, i.e., 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 Air and Radiation
Docket, EPA West Building, Room B-102, 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<PHONE_NUMBER>, and the telephone
number for the Air and Radiation Docket is<PHONE_NUMBER>.
    We request that you also send a separate copy of each comment to
the contact persons listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Ms. Karen Rackley, Coatings and
Chemicals Group, Sector Policies and Programs Division, Office of Air
Quality Planning and Standards (E143-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-0634; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Organization of This Document. The following outline is provided to
aid in locating information in this preamble.

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. What should I consider as I prepare my comments for EPA?
IV. How do I obtain a copy of this document and other related
information?
V. Background Information
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Why is EPA using a direct final rule?

    EPA is publishing the action without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, we

are publishing a separate document that will serve as the proposed rule
to extend the stay if adverse comments are received on this direct
final action. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We would
address all public comments in any subsequent final rule based on the
proposed rule.

II. Does this action apply to me?

    Categories and entities potentially regulated by this action are
synthetic organic chemicals manufacturers and petroleum refineries. The
New Source Performance Standards (NSPS) for equipment leaks of VOC in
SOCMI and petroleum refineries affect the following categories of
sources:

------------------------------------------------------------------------
                                                        Examples of
           Category               NAICS code \1\   potentially regulated
                                                          entities
------------------------------------------------------------------------
 Industry.....................   324110..........   Petroleum refiners.
                                Primarily 325110,  Synthetic organic
                                 325192, 325193,    chemical
                                 and 325199.        manufacturing
                                                    industry (SOCMI)
                                                    units, e.g.,
                                                    producers of
                                                    benzene, toluene, or
                                                    any other chemical
                                                    listed in 40 CFR
                                                    60.489.
------------------------------------------------------------------------
\1\ North American Industrial Classification Code.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by the
final amendments and new standards for equipment leaks of VOC in SOCMI
and petroleum refineries. To determine whether your facility is
regulated by this action, you should examine the applicability criteria
in 40 CFR 60.480, 60.590, 60.480a, and 60.590a. If you have any
questions regarding the applicability of the NSPS to a particular
entity, contact the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

III. What should I consider as I prepare my comments for EPA?

    Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.

IV. How do I obtain a copy of this document and other related
information?

    Docket. The docket number for this action and the final SOCMI and
petroleum refineries equipment leak NSPS (40 CFR part 60, subparts VV,
VVa, GGG, and GGGa) is Docket ID No. EPA-HQ-OAR-2006-0699.
    Worldwide Web (WWW). In addition to being available in the docket,
electronic copies of the final amendments and this action are available
on the WWW through the Technology Transfer Network Web site (TTN Web).
Following signature, EPA posted a copy of this notice on the TTN's
policy and guidance page for newly proposed or promulgated rules at
http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.

V. Background Information

    On November 16, 2007, EPA promulgated amendments and established
new standards of performance for equipment leaks of VOC in the SOCMI
and Petroleum Refineries (72 FR 64860). Following the promulgation of
the final amendments and new standards for these industries, EPA
received a petition for reconsideration on January 15, 2008 from the
American Chemistry Council (ACC), the American Petroleum Institute
(API), and the National Petrochemical and Refiners Association (NPRA)
(``Petitioners''). The petitioners, pursuant to CAA section
307(d)(7)(B), requested EPA reconsider four provisions in the rules:
(1) The clarification of the definition of process unit in subparts VV,
VVa, GGG, and GGGa; (2) the assigning of shared storage tanks to
specific process units in subparts VV, VVa, GGG, and GGGa; (3) the
connecter monitoring requirements in subpart VVa; and (4) the
definition of capital expenditure in subpart VVa. The petitioners also
requested that EPA stay the effectiveness of these provisions of the
rule pending resolution of their petition for reconsideration. The
petition can be found in the public docket (EPA-HQ-OAR-2006-0699).
    On March 4, 2008, EPA sent a letter to the petitioners, through
their counsel, informing them that EPA was granting their request for
reconsideration on three of the issues listed above. We indicated in
the letter that no action was being taken on the issue of the
clarification of the definition of process unit at that time. Finally,
the letter indicated that EPA was granting a 90-day stay of the
provisions of the rules under reconsideration (see CAA section
307(d)(7)(B)), as well as the clarification of the definition of
process unit, because of its interaction with the new provision
regarding the allocation of shared storage vessels. The letter from EPA
to the petitioners can be found in the public docket (EPA-HQ-OAR-2006-
0699).

VI. What action is EPA taking?

    Today's action extends the stay of the provisions under
reconsideration and the stay of the clarification of the definition of
process unit. As noted above, EPA granted a 90-day stay of these
provisions under CAA section 307(d)(7)(B) on March 4, 2008. That stay
expires on June 1, 2008. We are extending the stay until we have
reached a final decision on all of the issues raised in the petition
for reconsideration. While the Agency does not generally grant stays
pending reconsideration, we believe that the unique compliance issues
created by our final rule warrant a limited stay pending
reconsideration. As we explained in granting the initial stay:

    We are staying the rule as it relates to the method of
allocating shared storage vessels and the requirements for connector
monitoring because these were first introduced in the final rule
(indeed, with respect to connector monitoring, we explicitly stated
in the proposal that we did not intend to address them in this
rulemaking). Accordingly, certain facilities may be out of
compliance with requirements for which they had no notice or time to
come into compliance. We are also staying the new definition for
capital expenditure in 40 CFR part 60, subpart VVa, as it relates to
projects

at sources occurring prior to November 16, 2007. This new definition
is different than the definition in the proposed 40 CFR part 60,
subpart VV, and the resulting capital expenditure value may make
sources that undertook changes between the proposal and final action
into affected sources even though they would not have been under the
previous definition and even though they had no notice of the
change. While new source performance standards are generally
applicable to units modified or reconstructed after the date of the
proposal, we intend to seek comment on the appropriateness of such
application here.

    As these reasons remain valid, we have decided to extend the
limited stay for the remainder of our reconsideration process.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This action results in no changes to the information collection
requirements of the NSPS and will have no impact on the information
collection estimate of project cost and hour burden made and approved
by OMB. However, OMB has previously approved the information collection
requirements contained in the existing regulations at 40 CFR part 60,
subparts VV and GGG under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq., and has assigned OMB control number 2060-
0443, to the ICR for subpart VV and OMB control number 2060-0067, to
the ICR for subpart GGG. 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 (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies that
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.
    For purposes of assessing the impacts of the equipment leak NSPS on
small entities, small entity is defined as: (1) A small business
according to Small Business Administration size standards by the North
American Industry Classification System (NAICS) category of the owning
entity; (2) a small 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 that is independently owned and operated
and is not dominant in its field. For the SOCMI, a small business
ranges from less than 500 employees to less than 1,000 employees,
depending on the NAICS code. For petroleum refiners, a small business
has no more than 1,500 employees.
    After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
will not impose any requirements on any entities because it does not
impose any additional regulatory requirements.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, 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 rules with ``Federal mandates'' that
may result in expenditures by 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 rule 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 adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. 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 rule an explanation why that
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, 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.
    EPA has determined that this action contains no Federal mandates
(under the regulatory provisions of Title II of the UMRA) for State,
local, or tribal governments or the private sector. This action imposes
no enforceable duty on any State, local or tribal governments or the
private sector. Thus, this action is not subject to the requirements of
sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. This rule only extends the stay of certain provisions and
does not impose any additional enforceable duty.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
    This action does not have federalism implications. It 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. This action will not impose direct
compliance costs on State or local governments, and will not preempt
State law. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of

regulatory policies that have tribal implications.'' This action does
not have tribal implications, as specified in Executive Order 13175. It
will not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because the equipment
leak NSPS for SOCMI and petroleum refineries are based on technology
performance.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA
to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures,
business practices) that are developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through OMB, with explanations when EPA does not use available and
applicable voluntary consensus standards.
    EPA is not proposing to make any changes to the regulatory
requirements in the final equipment leak NSPS in this action, including
requirements that involve technical standards. As a result, the NTTAA
discussion set forth in the November 16, 2007, final rule remains
valid. The requirements of NTTAA, therefore, do not apply to this
action.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment.

K. Congressional Review Act

    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 rule 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). This rule will be effective August 1, 2008.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: May 15, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons cited in the preamble, title 40, chapter I, part 60 of
the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart VV--[Amended]

0
2. Section 60.480 is amended by adding paragraph (f) to read as
follows:

Sec.  60.480  Applicability and designation of affected facility.

* * * * *
    (f) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec.  60.481 and the
requirements in Sec.  60.482-1(g) of this subpart until the EPA takes
final action to require compliance and publishes a document in the
Federal Register. While the definition of ``process unit'' is stayed,
owners or operators should use the following definition:
    Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec.  60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.

Sec.  60.481  [Amended]

0
3. In Sec.  60.481, the definition for ``process unit'' is stayed from
August 1, 2008 until further notice.

Sec.  60.482-1  [Amended]

0
4. In Sec.  60.482-1, paragraph (g) is stayed from August 1, 2008 until
further notice.

Subpart VVa--[Amended]

0
5. Section 60.480a is amended by adding paragraph (f) to read as
follows:

Sec.  60.480a  Applicability and designation of affected facility.

* * * * *
    (f) Stay of standards. (1) Owners or operators that start a new,
reconstructed, or modified affected source prior to November 16, 2007
are not required to comply with the requirements in this paragraph
until EPA takes final action to require compliance and publishes a
document in the Federal Register.
    (i) The definition of ``capital expenditure'' in Sec.  60.481a of
this subpart. While the definition of ``capital expenditure'' is
stayed, owners or operators should use the definition found in Sec.
60.481 of subpart VV of this part.
    (2) Owners or operators are not required to comply with the

requirements in this paragraph until EPA takes final action to require
compliance and publishes a document in the Federal Register.
    (i) The definition of ``process unit'' in Sec.  60.481a of this
subpart. While the definition of ``process unit'' is stayed, owners or
operators should use the following definition:
    Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec.  60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.
    (ii) The method of allocation of shared storage vessels in Sec.
60.482-1a(g) of this subpart.
    (iii) The standards for connectors in gas/vapor service and in
light liquid service in Sec.  60.482-11a of this subpart.

Sec.  60.481a  [Amended]

0
6. In Sec.  60.481a, the definitions of ``capital expenditure'' and
``process unit'' are stayed from August 1, 2008 until further notice.

Sec.  60.482-1a  [Amended]

0
7. In Sec.  60.482-1a, paragraph (g) is stayed from August 1, 2008
until further notice.

Sec.  60.482-11a  [Amended]

0
8. Section 60.482-11a is stayed from August 1, 2008 until further
notice.

Subpart GGG--[Amended]

0
9. Section 60.590 is amended by adding paragraph (e) to read as
follows:

Sec.  60.590  Applicability and designation of affected facility.

* * * * *
    (e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec.  60.590 of this
subpart until the EPA takes final action to require compliance and
publishes a document in the Federal Register. While the definition of
``process unit'' is stayed, owners or operators should use the
following definition:
    Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.

Sec.  60.591  [Amended]

0
10. In Sec.  60.591, the definition of ``process unit'' is stayed from
August 1, 2008 until further notice.

Subpart GGGa--[Amended]

0
11. Section 60.590a is amended by adding paragraph (e) to read as
follows:

Sec.  60.590a  Applicability and designation of affected facility.

* * * * *
    (e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec.  60.590 of this
subpart until the EPA takes final action to require compliance and
publishes a document in the Federal Register. While the definition of
``process unit'' is stayed, owners or operators should use the
following definition:
    Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.

Sec.  60.591a  [Amended]

0
12. In Sec.  60.591a, the definition of ``process unit'' is stayed from
August 1, 2008 until further notice.

[FR Doc. E8-11400 Filed 5-30-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]
[Page 354-355]
[DOCID:fr05ja10-50]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 29, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER08-912-009; ER05-365-022.
    Applicants: Elk River Windfarm LLC, Iberdrola Renewables, Inc.
    Description: Iberdrola Renewables, Inc et al. submit Original Sheet
1 to FERC Electric Tariff, Third Revised Volume 1.
    Filed Date: 12/23/2009.
    Accession Number: 20091224-0069.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 13, 2010.

    Docket Numbers: ER10-403-001.
    Applicants: Covanta Plymouth Renewable Energy Limited.
    Description: Covanta Plymouth Renewable Energy Limited Partnership
submits Notice of Cancellation of its Rate Schedule FERC No. 2.
    Filed Date: 12/23/2009.
    Accession Number: 20091224-0068.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 13, 2010.

    Docket Numbers: ER10-495-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits an unexecuted Amended and Restated Large Generator
Interconnection Agreement among the Midwest ISO et al.
    Filed Date: 12/23/2009.
    Accession Number: 20091224-0066.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 13, 2010.

    Docket Numbers: ER10-496-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits an executed Large
Generator Interconnection Agreement with Grand River Dam Authority etc.
    Filed Date: 12/23/2009.
    Accession Number: 20091224-0067.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 13, 2010.

    Docket Numbers: ER10-498-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power Company submits executed
Engineering and Procurement Agreement with Highland Wind LLC.
    Filed Date: 12/24/2009.
    Accession Number: 20091228-0023.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 14, 2010.

    Docket Numbers: ER10-499-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power submits executed Engineering and
Procurement Agreement with Patriot Renewables, LLC.
    Filed Date: 12/24/2009.
    Accession Number: 20091228-0020.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 14, 2010.

    Docket Numbers: ER10-500-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits an amendment to its tariff.
    Filed Date: 12/24/2009.
    Accession Number: 20091228-0021.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 14, 2010.

    Docket Numbers: ER10-502-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc submits an executed Participation
Power Agreement dated 10/19/09, between Westar and the Kansas Power
Pool.
    Filed Date: 12/24/2009.
    Accession Number: 20091228-0024.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 14, 2010.

    Docket Numbers: ER10-503-000.
    Applicants: VERMONT ELECTRIC COOPERATIVE INC.
    Description: Motion for Limited Waiver of VERMONT ELECTRIC
COOPERATIVE, INC.
    Filed Date: 12/23/2009.
    Accession Number: 20091223-5160.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 13, 2010.

    Take notice that the Commission received the following electric
reliability filings.
    Docket Numbers: RD10-8-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Interpretations to Reliability Standard

CIP-006-2, Physical Security of Critical Cyber Assets, Requirements
R1.1 and R4 etc.
    Filed Date: 12/22/2009.
    Accession Number: 20091222-5280.
    Comment Date: 5 p.m. Eastern Time on Thursday, January 21, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-31354 Filed 1-4-10; 8:45 am]

BILLING CODE 6717-01-P