[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21468-21470]
[FR Doc No: 2016-08274]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0493; FRL-9942-84-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Common Provisions and Regulation Number 3;
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: The Environmental Protection Agency (EPA) published in the
January 25, 2016 Federal Register a document concerning the approval of
Air Quality State Implementation Plan (SIP) revisions to Colorado
Common Provisions and Regulation Number 3. Inadvertently, the
publication date of January 25, 2016 was listed in the regulatory text
under the heading ``EPA Effective Date'' instead of the effective date
of February 24, 2016. The correct EPA effective date was provided in
the rule preamble. This document corrects the ``EPA Effective Date''
within the regulatory text to February 24, 2016.

DATES: This correcting amendment is effective on April 12, 2016.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA published a document in the January
25, 2016 Federal Register (81 FR 3963) concerning air quality SIP
revisions to Colorado's Common Provisions and Regulation Number 3.
These revisions became effective on February 24, 2016 as correctly
noted in the rule preamble. The ``EPA Effective Date'' within the
regulatory text for this action was inadvertently listed as January 25,
2016. This correction revises the ``EPA Effective Date'' within the
regulatory text to reflect the actual EPA effective date of February
24, 2016.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendments:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart G--Colorado

0
2. Section 52.320(c), the Table is amended:
0
a. Under ``5 CCR 1001-02 Common Provision Regulation'' by revising
entries ``I'' and ``II'';
0
b. Under ``5 CCR 1001-05, Regulation Number 3, Part A, Concerning
General Provisions Applicable to Reporting and Permitting'' by revising
entries ``I'', ``II'', ``V'', ``VI'', ``VIII'', and ``Appendix B'';
0
c. Under ``5 CCR 1001-05, Regulation Number 3, Part B, Concerning
Construction Permits'' by revising entries ``II'' and ``III''; and
0
d. Under ``5 CCR 1001-05, Regulation Number 3, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration'' by revising entries ``I'', ``II'', ``III'', ``V'',
``VI'', ``X'' ``XIII'', ``XIV'', and ``XV''.
    The revisions read as follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                             State       EPA effective    Final rule
                 Title                  effective date       date        citation/date          Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   5 CCR 1001-02, Common Provisions Regulation
----------------------------------------------------------------------------------------------------------------
I. Definitions, Statement of Intent,           1/30/10         2/24/16     81 FR 3963,  Except I.G. Definitions,
 and General Provisions Applicable to         12/15/10                         1/25/16   ``Construction'' and
 all Emission Control Regulations                                                        ``Day''
 adopted by the Colorado Air Quality
 Control Commission.
II. General...........................         1/30/10         2/24/16     81 FR 3963,  Except II.I; II.J.5.
                                                                               1/25/16

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
----------------------------------------------------------------------------------------------------------------
I. Applicability......................      12/15/2010         2/24/16     81 FR 3963,  Except I.B.31.c. and
                                            12/15/2011                         1/25/16   I.B.31.d.
                                             2/15/2013
II. Air Pollutant Emission Notice           12/15/2010         2/24/16     81 FR 3963,  ........................
 (APEN) Requirements.                       12/15/2011                         1/25/16
                                             2/15/2013

                                                  * * * * * * *
V. Certification and Trading of             12/15/2010         2/24/16     81 FR 3963,  ........................
 Emission Reduction Credits Offset and       2/15/2013                         1/25/16
 Netting Transactions.
VI. Fees..............................      12/15/2010         2/24/16     81 FR 3963,  ........................
                                             2/15/2013                         1/25/16

                                                  * * * * * * *
VIII. Technical Modeling and                12/15/2010         2/24/16     81 FR 3963,  ........................
 Monitoring Requirements.                                                      1/25/16

                                                  * * * * * * *
Appendix B, Non-criteria Reportable         12/15/2010         2/24/16     81 FR 3963,  ........................
 Pollutants (Sorted by BIN).                 2/15/2013                         1/25/16
----------------------------------------------------------------------------------------------------------------
                   5 CCR 1001-05, Regulation Number 3, Part B, Concerning Construction Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
II. General Requirements for                12/15/2010         2/24/16     81 FR 3963,  ........................
 Construction Permits.                      12/15/2011                         1/25/16
III. Construction Permit Review             12/15/2010         2/24/16     81 FR 3963,  ........................
 Procedures.                                12/15/2011                         1/25/16
                                             2/15/2013
----------------------------------------------------------------------------------------------------------------
 5 CCR 1001-05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
                                          of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
I. Applicability......................      12/15/2010         2/24/16     81 FR 3963,  ........................
                                             2/15/2013                         1/25/16
II. Definitions.......................      12/15/2010         2/24/16     81 FR 3963,  Except II.A.26.d., the
                                            12/15/2011                         1/25/16   phrase ``and only PM2.5
                                             2/15/2013                                   emissions can be used
                                                                                to evaluate the net
                                                                                emissions increase for
                                                                                PM2.5''
III. Permit Review Procedures.........      12/15/2011         2/24/16     81 FR 3963,  ........................
                                                                               1/25/16

                                                  * * * * * * *
V. Requirements Applicable to               12/15/2011         2/24/16     81 FR 3963,  ........................
 Nonattainment Areas.                        2/15/2013                         1/25/16

VI. Requirements applicable to              12/15/2010         2/24/16     81 FR 3963,  Except for VI.A.1.c.,
 attainment and unclassifiable areas        12/15/2011                         1/25/16   the phrase ``for phases
 and pollutants implemented under            2/15/2013                                   that commence
 Section 110 of the Federal Act                                                          construction more than
 (Prevention of Significant                                                              18 months after the
 Deterioration Program).                                                                 initial granting of the
                                                                                permit''; VI.A.2., the
                                                                                phrase ``either Section
                                                                                VI.A.2.a. or b., as
                                                                                clarified for any
                                                                                relevant air pollutant,
                                                                                in Section VI.A.2.c.'';
                                                                                VI.A.2.c.;
                                                                                VI.B.3.a.(iii) in
                                                                                reference to PM2.5
                                                                                monitoring exemption;
                                                                                and VI.B.3.d.

                                                  * * * * * * *
X. Air Quality Limitations............      12/15/2011         2/24/16     81 FR 3963,  ........................
                                                                               1/25/16

                                                  * * * * * * *
XIII. Federal Class I Areas...........      12/15/2011         2/24/16     81 FR 3963,  ........................
                                                                               1/25/16
XIV. Visibility.......................      12/15/2010         2/24/16     81 FR 3963,  ........................
                                                                               1/25/16
XV. Actuals PALs......................      12/15/2010         2/24/16     81 FR 3963,  ........................
                                                                               1/25/16

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

* * * * *

    Dated: March 24, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2016-08274 Filed 4-11-16; 8:45 am]
 BILLING CODE 6560-50-P


United States Prevention, Pesticides EPA 738 F 05 XX Environmental Protection and Toxic Substances August 2005 Agency ( 7508C)

Metiram Facts Pesticide Reregistration All pesticides sold or distributed in the United States must be registered by EPA, based on scientific studies showing that they can be used without posing unreasonable risks to people or the environment. Because of advances in scientific knowledge, the law requires that pesticides which were first registered before November 1, 1984, be reregistered to ensure that they meet today's more stringent standards.

In evaluating pesticides for reregistration, EPA obtains and reviews a complete set of studies from pesticide producers, describing the human health and environmental effects of each pesticide. To implement provisions of the Food Quality Protection Act of 1996, EPA considers the special sensitivity of infants and children to pesticides, as well as aggregate exposure of the public to pesticide residues from all sources, and the cumulative effects of pesticides and other compounds with common mechanisms of toxicity. The Agency develops any mitigation measures or regulatory controls needed to effectively reduce each pesticide's risks. EPA then reregisters pesticides that meet the safety standard of the FQPA and can be used without posing unreasonable risks to human health or the environment.

When a pesticide is eligible for reregistration, EPA explains the basis for its decision in a Reregistration Eligibility Decision ( RED) document. This fact sheet summarizes the information in the RED document for the pesticide metiram, case number 0644.

Regulatory History Metiram was first registered in the United States in 1948 for use on food and ornamental crops to prevent crop damage in the field and to protect harvested crops from deterioration in storage or transport. Metiram is a member of the ethylene bisdithiocarbamate ( EBDC) group of fungicides, which includes the related active ingredients mancozeb and maneb. The EBDCs share the common degradate ethylenethiourea ( ETU). EPA has considered aggregate risk from ETU from all sources as a part of the RED.

The EBDCs have been the subject of two Special Reviews. In 1977, the Agency initiated a Special Review for products containing EBDCs based on evidence suggesting that the EBDCs and ETU, a contaminant, metabolite and degradation product of these pesticides, posed potential risks to human health and the environment. In 1982, the Agency concluded this Special Review by issuing a Final Determination ( PD 4) which required risk reduction measures to prevent unreasonable adverse effects pending development and submission of additional data needed for improved risk assessment. 2 The Metiram Registration Standard Document was issued on September 8, 1986, an Addendum to the Registration Standard on January 13, 1987, and an Update to the Metiram Registration Standard on August 11, 1992. In 1987, EPA issued a second Notice of Initiation of Special Review of the EBDC pesticides because of health concerns caused by ETU, including potential carcinogenic, developmental and thyroid effects. Subsequent Data Call Ins ( DCIs) were issued in 1988 and 1995 which included standard and worker exposure data requests, respectively. The Special Review's Preliminary Determination ( PD 2/ 3) was published on December 20, 1989 ( 54 FR 52158) and the Final Determination ( PD 4) on March 2, 1992 ( 57 FR 7484). The Agency concluded that the dietary risks of EBDCs exceeded the benefits for the following food/ feed uses for which one or more of the EBDC pesticides were registered: apricots, carrots, celery, collards, mustard greens, nectarines, peaches, rhubarb, spinach, succulent beans, and turnips. Accordingly, EPA canceled all metiram and other EBDC products registered for use on the above listed food/ feed crops. Currently, the only food/ feed uses of metiram eligible for continued registration are apples and potatoes, provided the label revisions are submitted.

Uses ° Metiram is used on apples, potatoes, and ornamental plants ( leatherleaf ferns) in nurseries and greenhouses. Metiram was previously registered for use on tobacco seedlings and roses, but these uses have since been voluntarily cancelled. There are no residential labels, and no agricultural uses that could result in exposure to metiram in residential settings.

° Approximately 900,000 pounds of metiram are used for about 125,000 acres treated on an annual basis.

° Metiram is not a Restricted Use Pesticide ( RUP) .

Health Effects ° Similar to other EBDCs and ETU, the thyroid is the target organ for metiram. Thyroid effects observed in subchronic studies in rats include increased thyroid weights, increased thyroid stimulating hormone ( TSH) and decreased T 4 ( serum thyroxin) values.

Risks ° Acute, chronic, and cancer dietary ( food only) risk from metiram, metiram derived ETU, and ETU from all sources are low and below the Agency's level of concern.

° The drinking water exposure assessment for metiram addresses concentrations of ETU only, since metiram is not expected to remain in drinking water long enough to reach a location that would supply water for human consumption, whether from surface or groundwater sources. Estimated concentrations of ETU, for both surface and ground water sources of drinking water, are low and not of concern. 3 ° There are no registered residential uses of metiram, thus no residential risks were assessed.

° Acute, short term, and chronic ( non cancer) aggregate risks are low and not of concern. Aggregate cancer risk estimates are within a negligible risk range ° EPA has risk concerns for some workers who mix, load, and/ or apply metiram to agricultural sites, and workers who enter treated areas.

° Chronic risks exceed the Agency's level of concern for some terrestrial species. Also, there is a potential concern for acute and chronic effects on come listed terrestrial and aquatic endangered species, should exposure actually occur.

Risk Mitigation To address assessed risks of concern, the following mitigation measures will be implemented:

° Add a PF5 respirator to label PPE for some worker scenarios: mixer/ loaders of dry flowables for aerial/ chemigation applications; airblast applicators to apples; and flaggers, ° Add the use of engineering controls to labels for aerial applicators ( enclosed cockpits), ° Reduce apple pre bloom maximum application rate from 4.8 to 3.6 lbs ai/ A, ° Reduce maximum number of applications for apples from 4 to 3 per year, ° Reduce maximum number of applications for potatoes from 7 to 6 per year, ° Limit the number of applications to leatherleaf ferns to 1 per week and 10 per year, and ° Metiram use on roses and dust and wettable powder formulations have been voluntarily cancelled prior to completion of the RED. Further, as a result of the voluntary cancellation of the dust formulation by the technical registrant and risks associated with this formulation, the end use registrant has requested voluntary cancellation of their active potato seed treatment fungicide product registration.

Regulatory Conclusion The Agency has determined that metiram containing products are eligible for reregistration provided that the risk mitigation measures are adopted and labels are amended to reflect these measures.

For More Information 4 Electronic copies of the Metiram RED and all supporting documents are available in the public docket OPP 2005 0177 located on line in the Federal Docket Management System ( FDMS) at http:// www. regulations. gov.

For more information about EPA's pesticide reregistration program, the Metiram RED, or reregistration of individual products containing metiram, please contact the Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, US EPA, Washington, DC 20460, telephone 703 308 8000.

For information about the health effects of pesticides, or for assistance in recognizing and managing pesticide poisoning symptoms, please contact the National Pesticide Information Center ( NPIC). Call toll free 1 800 858 7378, from 6: 30 am to 4: 30 am Pacific Time, or 9: 30 am to 7: 30 pm Eastern Standard Time, seven days a week. The NPIC internet address is http:// npic. orst. edu.


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

			Issued by the Department of Transportation on February 17, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-97-3138

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  China Airlines, Ltd.						Date Filed:  January 29, 2004

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to:  (1)
conduct scheduled foreign air transportation of persons, property and
mail from points behind Taiwan, via Taiwan, and intermediate points, to
points in the United States and beyond; (2) conduct charter foreign air
transportation of persons, property and mail pursuant to the terms of
the Air Transport Agreement between the American Institute in Taiwan and
the Taipei Economic & Cultural Representative Office; (3) conduct other
charters pursuant to 14 CFR 212 of the Department’s regulations; and
(4) exercise all other rights enumerated in Annexes I and II of the
Agreement.

If renewal, date and citation of last action:  April 26, 2002, in this
docket

Applicant representative:  George U. Carneal/Ronald P. Brower
202-637-6546/5762

DOT analyst:  Shelita Smith<PHONE_NUMBER>

Responsive pleadings:  None

	DISPOSITION

Action:  Approved									Action date:  February 17, 2004

Effective dates of authority granted:  February 17, 2004 – February
17, 2006

Basis for approval (bilateral agreement/reciprocity):  The authority is
encompassed in the Air Transport Agreement between the American
Institute in Taiwan and the Taipei Economic & Cultural Representative
Office, initialed

February 28, 1997, and entered into force March 18, 1998.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

    X    Standard exemption conditions (attached)           X   Foreign
air carrier permit conditions (Order 86-5-48)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
____________________________________________________________

We found that the applicant was qualified to perform its proposed
operations.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that  (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

08/2003


UNFUNDED MANDATES REFORM ACT ANALYSIS FOR THE RECIPROCATING INTERNAL COMBUSTION ENGINE NESHAP UNDER THE CLEAN AIR ACT ( February, 2004)

This document provides an analysis of the effects of the U. S. Environmental Protection Agency's (" EPA") final reciprocating internal combustion engine ( RICE) maximum achievable control technology ( MACT) rulemaking under Title III of the Clean Air Act on State, local, and tribal governments, and the public sector as required by the Unfunded Mandates Reform Act of 1995 (" UMRA"). The Agency has determined that an UMRA analysis is required because the RICE MACT rulemaking will affect units operated by State and local governments, and will impose a cost on the private sector greater than $ 100 million in any one year.

This UMRA analysis examines the impacts of the rule on units that are owned by State, local, tribal governments, and the private sector. This analysis is drawn from the regulatory impact analysis conducted for the rule. The regulatory impact analysis ( RIA) prepared for this rule, including the Agency's assessment of costs and benefits, is detailed in the " Regulatory Impact Analysis for the RICE NESHAP" in the docket.

Four categories of engines will incur compliance costs under the final RICE standard:

spark ignition, two stroke lean burn ( 2SLB);

spark ignition, four stroke lean burn ( 4SLB);

spark ignition, four stroke rich burn ( 4SRB);

compression ignition ( CI, either two stroke lean burn or four stroke lean burn)

Engines are excluded from compliance with the rule if they have a brake power less than 500 horsepower of if they are emergency or back up units. The regulation will affect both existing sources and new sources, but the only category of existing sources that is affected is the 4SRB engine category. Projections of existing and new sources by unit type and compliance cost estimates by unit type were used to determine the economic impact of the regulation.

The economic impact analysis ( or EIA) indicates that prices of petroleum, natural gas, electricity, and coal will all increase as a result of the regulation, but these changes are relatively small. The largest impacts occur in the natural gas market because the majority of the regulation's costs fall on the natural gas industry. The petroleum industry is also directly affected, but to a much larger extent than the natural gas industry. Results from the EIA reveal that the largest price change is projected in the natural gas market, where the equilibrium price is expected to increase by 0.300 percent as a result of the rule. The prices of petroleum products, electricity, and coal are projected to increase by 0.015 percent, 0.04 percent, and 0.008 percent, respectively. Unlike the projected price changes, the projected changes in output are not in the same direction for all four of the energy markets. The quantities of petroleum products and natural gas output are expected to decline slightly ( by 0.002 percent and 0.04 percent, respectively), while the quantities of electricity and coal produced are projected to increase by 0.009 percent and 0.008 percent, respectively.

The observed pattern of changes in price and quantity implies that there have been increases in electricity and coal demand that have outweighed the decreases in supply in these markets resulting from increased input costs ( i. e., higher costs of natural gas and petroleum products used in electricity and coal production). Increase in demand in these markets occur sas some consumers change their fuel usage in response to higher natural gas and petroleum prices by switching towards electricity and coal. As a result, both price and quantity increase in these markets and producers of these products experience a gain in producer surplus as a result of the regulation.

Based on estimated compliance costs associated with this rule and the predicted change in prices and production in the affected existing and new facilities, the estimated social costs of this rule are $ 248 million ( in 1998 dollars).

It is estimated that 5 years after implementation of this rule, HAP will be reduced by 5,600 tons per year due to reductions in formaldehyde, acetaldehyde, acrolein, methanol and other HAPs from existing and new internal combustion engines. Formaldehyde and acetaldehyde have been classified as " probable human carcinogens." Acrolein, methanol and the other HAPs are not considered carcinogenic, but produce several other toxic effects. The rule will also achieve in the same year reductions in criteria pollutant such as carbon monoxide ( CO), volatile organic compounds ( VOC), particulate matter ( PM) and approximately 167,900 tons of NOx per year. Exposure to CO can effect the cardiovascular system and the central nervous system. Emissions of NOx can transform into particulate matter ( PM), which can result in fatalities and many respiratory problems ( such as asthma or bronchitis); and NOx can also transform into ozone causing several respiratory problems to affected populations.

At the present time, the Agency cannot provide a monetary estimate for the benefits associated with the reductions in HAPs, CO, and VOC. We are unable to provide a monetized estimates of the benefits from the reduction of HAP, CO, and VOC emissions associated with this rule due to a lack of scientific knowledge of the links between the reductions in incidence of the health and environmental effects listed and a value that can be placed on them. The Agency currently has research going on to provide such benefit estimates. For NOx, we estimated the benefits associated with health effects of PM, but were unable to quantify all categories of benefits of NOx ( particularly those associated with ecosystem and environmental effects). Total monetized benefits are is $ 280 million ( 1998 dollars). The methodology to valuing benefits is discussed in more detail in the preamble and in the RIA. These monetized benefits should be considered along with the many categories of benefits that we are unable to place a dollar value on to consider the total benefits of this rule.

Our analysis, as part of compliance with the Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act, also evaluates the economic impacts on small entities. To better examine the compliance costs as a percentage of total revenues at small entities, we first identified the small entities that may be affected by the rule. As is mentioned in previous sections of this preamble, only 4SRB units will have requirements on existing units, while all other types of engines will only have requirements on new engines rather than existing units. Thus, in our database of approximately 26,800 engines, we determined that about 10,100 units operate below 500 hp or are used for emergency/ temporary purposes only, so they would be excluded from the regulatory requirements and costs of this rule. Of the remaining 16,700 engines, we were able to identify for 2,645 units: ( 1) the engine type ( and associated control costs), and ( 2) whether they were located at an affected major source of HAP emissions. All other units had insufficient information to link them to specific facility locations ( and thus definition of parent firm size was not possible).

Using the subset of 2,645 units, we determined these engines operate at 834 facilities owned by 153 parent firms. Of these firms, 47 were defined as small entities. Only 13 of these small firms operate existing 4SRB, of which two firms have compliance cost that represent slightly above three percent of firm revenues. Four other small firms owning 4SRB engines have impacts between one and three percent of revenues.

To determine if these impacts are significant, we considered typical profit margins in the affected industries. The engines included in the database are owned and operated in more than 25 different industries, but a large majority of the engines ( 88%) are located in the following industries: oil and gas exploration, natural gas transmission, electric and gas services, and mining and quarrying of non metallic minerals. The average profit margin in these industries is approximately five percent. Given that none of the small entities evaluated have impacts that exceed the five percent profit margin, and only two firms have impacts around three percent of total revenues, we conclude that this action will not have a significant impact on a substantial number of small entities.

For new sources, it can be reasonably assumed that the investment decision to purchase a new engine may be slightly altered as a result of the regulation. In fact, for the entire population of affected engines ( approximately 20,000 new engines over a 5 year period), only 19 fewer engines ( 0.09 of one percent) may be purchased due to changes in costs of the engines and market responses to the regulation. It is not possible, however, to determine future investment decisions at the small entities in the affected industries, so we cannot link these 19 engines to any one firm ( small or large). Overall, it is very unlikely that a substantial number of small firms who may consider purchasing a new engine will be significantly impacted because the decision to purchase new engines is not altered to a large extent.

Government entities may also be affected by this rule as well as private firms. There are seven cities and three States identified as owners of potentially affected engines. The State of Connecticut owns two facilities according to the RICE database, while all of the other government entities have only one. Three of the four State facilities identified are public hospitals. Six of the cities are small communities ( defined by the Small Business Administration as communities with a population of less than 50,000 people). However, only three of the government entities in the RICE database own 4SRB engines ( one small and two large governments), so these three governments are the only ones that will incur costs under the RICE NESHAP. A screening analysis conducted as part of the economic analysis shows that these government entities are expected to have annual compliance costs that are less than one percent of their revenues.

In addition, the rule is likely to also increase profits at the many small firms in the natural gas industry that are not affected by the rule by increasing their revenues from the estimated increase in prices of natural gas in the industry.

Although this rule will not have a significant impact on a substantial number of small entities, EPA nonetheless has tried to reduce the impact of this rule on small entities. In this rule, we are applying the minimum level of control ( i. e. the MACT floor), and the minimum level of monitoring, record keeping, and reporting to affected sources allowed by the CAA. In addition, as mentioned earlier in the preamble, new RICE units with capacities under 500 hp and those that operate as emergency/ temporary units are not covered by this rule. This provision should reduce the level of small entity impacts.

This rule provides the minimum level of control and paperwork burden to new combustion turbines that is consistent with the requirements of the Clean Air Act. Other alternatives considered that provided more than the minimum level of control were deemed as not cost effective for the Agency to implement. Hence, the Agency has tried to keep the impacts from compliance with this rule to a minimum for the affected sources, including government entities. For an explanation of the choice of regulatory alternatives for the final rule, refer to the preamble.

It is expected that the impacts to government entities resulting from this proposed rule should be a small proportion of the impacts to affected entities.

References 1. U. S. Environmental Protection Agency, Office of Air Quality Planning and Standards. " Regulatory Impact Analysis for the Reciprocating Internal Combustion Engine NESHAP." Research Triangle Park, North Carolina. December, 2003.

2. U. S. Environmental Protection Agency, Office of Air Quality Planning and Standards. " Economic Impact Analysis for the Reciprocating Internal Combustion Engine NESHAP." Research Triangle Park, North Carolina. December, 2003.

3. U. S. Department of Energy, Energy Information Administration. Obtained on June 1, 2000 at http:// www. eia. doe. gov/ emeu/ cabs/ use. html.,


[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58495-58496]
[FR Doc No: 2023-18462]

========================================================================
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. 88 , No. 165 / Monday, August 28, 2023 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31503; Amdt. No. 4075]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 28, 2023. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 28, 2023.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination:
    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    Availability: All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit the National Flight Data Center at
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from the FAA Air Traffic
Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg 26, Room 217,
Oklahoma City, OK 73099. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on August 18, 2023.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by establishing, amending, suspending, or removing
Standard Instrument Approach Procedures and/or Takeoff Minimums and
Obstacle Departure Procedures effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 5 October 2023

Fairbanks, AK, PAFA, ILS OR LOC RWY 2L, ILS RWY 2L (SA CAT I), ILS
RWY 2L (CAT II), ILS RWY 2L (CAT III), Amdt 11
Fairbanks, AK, PAFA, RNAV (RNP) Z RWY 2L, Amdt 2
Fairbanks, AK, PAFA, RNAV (RNP) Z RWY 20R, Amdt 2
Shishmaref, AK, PASH, NDB RWY 5, Amdt 1A, CANCELED
Shishmaref, AK, PASH, RNAV (GPS) RWY 5, Amdt 1
Shishmaref, AK, PASH, RNAV (GPS) RWY 23, Amdt 1
Shishmaref, AK, PASH, Takeoff Minimums and Obstacle DP, Amdt 1
Manila, AR, KMXA, RNAV (GPS) RWY 36, Amdt 1
Lancaster, CA, KWJF, PALMDALE ONE, Graphic DP
Lancaster, CA, KWJF, RNAV (GPS) RWY 24, Orig-B
Lancaster, CA, KWJF, Takeoff Minimums and Obstacle DP, Amdt 1
Colorado Springs, CO, KFLY, FALCON ONE, Graphic DP
Colorado Springs, CO, KFLY, RNAV (GPS) RWY 15, Orig
Colorado Springs, CO, KFLY, RNAV (GPS) RWY 33, Orig
Colorado Springs, CO, KFLY, Takeoff Minimums and Obstacle DP, Orig
Arcadia, FL, X06, RNAV (GPS)-A, Amdt 1
Arcadia, FL, X06, RNAV (GPS)-B, Amdt 1
Elberton, GA, KEBA, RNAV (GPS) RWY 11, Amdt 2
Elberton, GA, KEBA, RNAV (GPS) RWY 29, Amdt 1B
Elberton, GA, KEBA, VOR RWY 11, Amdt 5
Nahunta, GA, 4J1, RNAV (GPS) RWY 1, Amdt 1
Nahunta, GA, 4J1, RNAV (GPS) RWY 19, Amdt 1
Nahunta, GA, 4J1, RNAV (GPS) Y RWY 1, Orig-B, CANCELED
Nahunta, GA, 4J1, RNAV (GPS) Z RWY 19, Orig-B, CANCELED
Kahului, HI, PHOG, ILS Y OR LOC Y RWY 2, Orig-A
Kahului, HI, PHOG, ILS Z OR LOC Z RWY 2, Amdt 26A
Kahului, HI, PHOG, NDB RWY 2, Orig-B, CANCELED
Kahului, HI, PHOG, VOR Y RWY 20, Amdt 1, CANCELED
South Bend, IN, KSBN, RNAV (GPS) RWY 9R, Amdt 1C
South Bend, IN, KSBN, RNAV (GPS) RWY 36, Amdt 1C
Vidalia, LA, 0R4, RNAV (GPS) RWY 14, Amdt 1
Sandusky, MI, Y83, RNAV (GPS) RWY 10, Orig
Sandusky, MI, Y83, RNAV (GPS) RWY 28, Orig
Sandusky, MI, Y83, Takeoff Minimums and Obstacle DP, Orig
Natchez, MS, KHEZ, ILS OR LOC RWY 14, Amdt 3
Natchez, MS, KHEZ, VOR RWY 18, Amdt 11A, CANCELED
Oxford, MS, KUOX, RNAV (GPS) RWY 9, Amdt 2
Oxford, MS, KUOX, RNAV (GPS) RWY 27, Amdt 2
Oxford, MS, KUOX, VOR-A, Amdt 5B
Winnemucca, NV, KWMC, FESKO ONE, Graphic DP
Winnemucca, NV, KWMC, Takeoff Minimums and Obstacle DP, Amdt 3
Winnemucca, NV, KWMC, WINNEMUCCA ONE, Graphic DP, CANCELED
Miller, SD, KMKA, RNAV (GPS) RWY 33, Amdt 1C
Alice, TX, KALI, LOC/DME RWY 31, Orig-F
Alice, TX, KALI, RNAV (GPS) RWY 31, Amdt 1G
Alice, TX, KALI, VOR RWY 31, Amdt 13G
Milwaukee, WI, KMKE, Takeoff Minimums and Obstacle DP, Amdt 9
Buckhannon, WV, W22, RNAV (GPS) RWY 11, Amdt 2E

[FR Doc. 2023-18462 Filed 8-25-23; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 22, 2000

NOTICE OF ACTION TAKEN -- DOCKET OST 96-1622

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROLINEAS EJECUTIVAS, S.A. de C.V.
                Date Filed: September 12, 2000

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charter operations in
accordance with 14 CFR Part 212, using small equipment.

If renewal, date and citation of last action:  November 18, 1999; in
this Docket.

Applicant representative(s):  Lee A. Bauer,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
         Action date:  November 22, 2000

Effective dates of authority granted:  November 22, 2000, through
November 22, 2001.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement of August 15, 1960, as
amended and extended (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

     X  Standard exemption conditions.

Special conditions/Partial grant/Denial basis/Remarks:  In the conduct
of these operations, the carrier must adhere to all applicable
provisions of the U.S.-Mexico Agreement.  In the conduct of these
operations, the carrier may only use aircraft capable of carrying no
more than 60 passengers and having a maximum payload capacity of no more
than 18,000 pounds (small equipment).  The above grant includes
authority to conduct Third and Fourth Freedom charter operations.  While
we have subjected, consistent with the provisions of the Agreement,
Mexican carriers conducting charter operations with large aircraft to
prior approval of their Third and Fourth Freedom charters (see Order
92-2-7 at 5), we determined that a Third/Fourth Freedom prior-approval
requirement was not necessary on public interest grounds in the case of
this carrier, since it will be conducting these operations solely with
small aircraft.  (Other charter operations to/from the United States
under this authority, however, are subject to prior approval under 14
CFR Part 212.)  Further, we are continuing to allow Mexican carriers
conducting passenger charters using small equipment to make stopovers in
the United States in the conduct of such operations.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within ten (10) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp