Rules of Practice in Air Safety Proceedings; Correction, 41649-41650 [2014-16712]
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41649
Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801, et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 15, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
the EPA can withdraw this direct final
rule and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxides, Particulate
Matter, Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Dated: July 2, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. Section 52.670 is amended in
paragraph (e) by adding two entries to
the end of the table to read as follows:
■
§ 52.670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP
provision
Applicable
geographic or
nonattainment area
*
*
*
Portneuf Valley PM10 Nonattainment Area Plan
and Maintenance Plan ................................................
Portneuf Valley PM10 Maintenance Plan—Revision ......
*
Portneuf Valley ..................
*
Portneuf Valley ..................
04/21/14
3. Section 52.672 is amended by
adding paragraph (e)(2) to read as
follows:
EPA approval date
*
71 FR 39574 .....................
Comments
*
07/17/14 [Insert page number where the document
begins].
NATIONAL TRANSPORTATION
SAFETY BOARD
[FR Doc. 2014–16760 Filed 7–16–14; 8:45 am]
Approval of plans.
*
pmangrum on DSK3VPTVN1PROD with RULES
7/13/06
and Maintenance Plan that was
approved at 71 FR 39574 (July 13, 2006).
*
*
*
*
*
■
§ 52.672
State submittal
date
*
*
*
*
(e) * * *
(2) The EPA approves as a revision to
the Idaho State Implementation Plan,
the Portneuf Valley PM10 Maintenance
Plan Amendment submitted by the State
on April 21, 2011, revising the Portneuf
Valley PM10 Nonattainment Area Plan
49 CFR Part 821
BILLING CODE 6560–50–P
[Docket No. NTSB–GC–2011–0001]
RIN 3147–AA00
Rules of Practice in Air Safety
Proceedings; Correction
National Transportation Safety
Board (NTSB or Board).
ACTION: Final rule; correction.
AGENCY:
The NTSB is correcting a final
rule published October 16, 2012, which
SUMMARY:
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41650
Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations
inadvertently removed a portion of text
from a paragraph within a section. This
correction is a minor technical change.
DATES: Effective July 17, 2014.
ADDRESSES: Members of the public may
contact the NTSB Office of General
Counsel concerning this correction at
490 L’Enfant Plaza SW., Washington,
DC 20594.
FOR FURTHER INFORMATION CONTACT:
David Tochen, General Counsel, (202)
314–6080.
SUPPLEMENTARY INFORMATION: In its
October 16, 2012 final rule, 77 FR
63245, in which the NTSB published
rule changes concerning several sections
in part 821, including email submission
of documents, petitions for
reconsideration, consideration of
evidence concerning the existence of an
emergency in cases proceeding under
part 821, subpart I of the NTSB rules,
the NTSB erroneously truncated the text
of a paragraph within § 821.54(b). The
NTSB intended to keep the final
sentence of § 821.54(b), in addition to a
new sentence immediately preceding it,
which provides the respondent may
include attachments to a petition for
review of the Administrator’s
emergency determination. Also, the
final sentence of paragraph (b) should
continue to state, ‘‘The petition must be
filed with the Board by overnight
delivery service or facsimile and
simultaneously served on the
Administrator by the same means.’’ The
NTSB’s removal of this sentence in the
October 16, 2012 final rule was an
unintentional oversight.
List of Subjects in 49 CFR Part 821
Administrative practice and
procedure, Airmen, Aviation safety.
Accordingly, the NTSB amends 49
CFR part 821 by making the following
correcting amendment:
PART 821—RULES OF PRACTICE IN
AIR SAFETY PROCEEDINGS
1. The authority citation for part 821
continues to read as follows:
■
Authority: 49 U.S.C. 1101–1155, 44701–
44723, 46301, Pub. L. 112–153, unless
otherwise noted.
2. In § 821.54, revise paragraph (b) to
read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
§ 821.54 Petition for review of
Administrator’s determination of
emergency.
*
*
*
*
*
(b) Form, content and service of
petition. The petition may be in letter
form. A copy of the Administrator’s
order, from which review of the
emergency determination is sought,
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14:56 Jul 16, 2014
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must be attached to the petition. If a
copy of the order is not attached, the
petition will be dismissed. While the
petition need only request that the
Board review the Administrator’s
determination as to the existence of an
emergency requiring the order be
effective immediately, it may also
enumerate the respondent’s reasons for
believing that the Administrator’s
emergency determination is not
warranted in the interest of aviation
safety. The respondent may include
attachments to the petition for review
(e.g., affidavits, other documents or
records) limited to evidence the
respondent believes supports the
reasons enumerated in the petition for
why the Administrator’s emergency
determination is not warranted in the
interest of aviation safety. The petition
must be filed with the Board by
overnight delivery service or facsimile
and simultaneously served on the
Administrator by the same means.
*
*
*
*
*
amendment to paragraph (d) of that
section. 78 FR 57527. In the revision of
paragraph (d), paragraph (d)(1) contains
the pronoun ‘‘it,’’ which refers to the
noun ‘‘the Administrator.’’ This is
incorrect. As a result, by this correction,
the NTSB makes a technical correction
to this sentence, to use the correct
pronoun in the sentence.
List of Subjects in 49 CFR Part 821
Administrative practice and
procedure, Airmen, Aviation safety.
Accordingly, the NTSB amends 49
CFR part 821 by making the following
correcting amendment:
PART 821—RULES OF PRACTICE IN
AIR SAFETY PROCEEDINGS
1. The authority citation for part 821
continues to read as follows:
■
Authority: 49 U.S.C. 1101–1155, 44701–
44723, 46301, Pub. L. 112–153, unless
otherwise noted.
2. In § 821.19, revise paragraph (d) to
read as follows:
■
Christopher A. Hart,
Acting Chairman.
§ 821.19
[FR Doc. 2014–16712 Filed 7–16–14; 8:45 am]
*
BILLING CODE P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 821
[Docket No. NTSB–GC–2011–0001]
RIN 3147–AA00
Rules of Practice in Air Safety
Proceedings; Correction
National Transportation Safety
Board (NTSB or Board).
ACTION: Final rule; correction.
AGENCY:
The NTSB is correcting a final
rule published September 19, 2013,
which inadvertently included an
incorrect pronoun. This correction is a
minor change to ensure consistency in
the NTSB’s references to the
Administrator of the Federal Aviation
Administration.
DATES: Effective July 17, 2014.
ADDRESSES: Members of the public may
contact the NTSB Office of General
Counsel concerning this correction at
490 L’Enfant Plaza SW., Washington,
DC 20594.
FOR FURTHER INFORMATION CONTACT:
David Tochen, General Counsel, (202)
314–6080.
SUPPLEMENTARY INFORMATION: In its
September 19, 2013, final rule
implementing changes to 49 CFR
821.19, the NTSB finalized an
SUMMARY:
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Depositions and other discovery.
*
*
*
*
(d) Failure to provide copy of
releasable portion of Enforcement
Investigative Report (EIR). (1) Except as
provided in § 821.55 with respect to
emergency proceedings, where the
respondent requests the EIR and the
Administrator fails to provide the
releasable portion of the EIR to the
respondent by the time he or she serves
the complaint on the respondent, the
respondent may move to dismiss the
complaint or for other relief and, unless
the Administrator establishes good
cause for that failure, the law judge shall
order such relief as he or she deems
appropriate, after considering the
parties’ arguments.
(2) The releasable portion of the EIR
shall include all information in the EIR,
except for the following:
(i) Information that is privileged;
(ii) Information that constitutes work
product or reflects internal deliberative
process;
(iii) Information that would disclose
the identity of a confidential source;
(iv) Information of which applicable
law prohibits disclosure;
(v) Information about which the law
judge grants leave to withhold as not
relevant to the subject matter of the
proceeding or otherwise, for good cause
shown; or
(vi) Sensitive security information, as
defined at 49 U.S.C. 40119 and 49 CFR
15.5.
(3) Nothing in this section shall be
interpreted as preventing the
Administrator from releasing to the
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]]>Agencies
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41649-41650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16712]
=======================================================================
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 821
[Docket No. NTSB-GC-2011-0001]
RIN 3147-AA00
Rules of Practice in Air Safety Proceedings; Correction
AGENCY: National Transportation Safety Board (NTSB or Board).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The NTSB is correcting a final rule published October 16,
2012, which
[[Page 41650]]
inadvertently removed a portion of text from a paragraph within a
section. This correction is a minor technical change.
DATES: Effective July 17, 2014.
ADDRESSES: Members of the public may contact the NTSB Office of General
Counsel concerning this correction at 490 L'Enfant Plaza SW.,
Washington, DC 20594.
FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202)
314-6080.
SUPPLEMENTARY INFORMATION: In its October 16, 2012 final rule, 77 FR
63245, in which the NTSB published rule changes concerning several
sections in part 821, including email submission of documents,
petitions for reconsideration, consideration of evidence concerning the
existence of an emergency in cases proceeding under part 821, subpart I
of the NTSB rules, the NTSB erroneously truncated the text of a
paragraph within Sec. 821.54(b). The NTSB intended to keep the final
sentence of Sec. 821.54(b), in addition to a new sentence immediately
preceding it, which provides the respondent may include attachments to
a petition for review of the Administrator's emergency determination.
Also, the final sentence of paragraph (b) should continue to state,
``The petition must be filed with the Board by overnight delivery
service or facsimile and simultaneously served on the Administrator by
the same means.'' The NTSB's removal of this sentence in the October
16, 2012 final rule was an unintentional oversight.
List of Subjects in 49 CFR Part 821
Administrative practice and procedure, Airmen, Aviation safety.
Accordingly, the NTSB amends 49 CFR part 821 by making the
following correcting amendment:
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS
0
1. The authority citation for part 821 continues to read as follows:
Authority: 49 U.S.C. 1101-1155, 44701-44723, 46301, Pub. L. 112-
153, unless otherwise noted.
0
2. In Sec. 821.54, revise paragraph (b) to read as follows:
Sec. 821.54 Petition for review of Administrator's determination of
emergency.
* * * * *
(b) Form, content and service of petition. The petition may be in
letter form. A copy of the Administrator's order, from which review of
the emergency determination is sought, must be attached to the
petition. If a copy of the order is not attached, the petition will be
dismissed. While the petition need only request that the Board review
the Administrator's determination as to the existence of an emergency
requiring the order be effective immediately, it may also enumerate the
respondent's reasons for believing that the Administrator's emergency
determination is not warranted in the interest of aviation safety. The
respondent may include attachments to the petition for review (e.g.,
affidavits, other documents or records) limited to evidence the
respondent believes supports the reasons enumerated in the petition for
why the Administrator's emergency determination is not warranted in the
interest of aviation safety. The petition must be filed with the Board
by overnight delivery service or facsimile and simultaneously served on
the Administrator by the same means.
* * * * *
Christopher A. Hart,
Acting Chairman.
[FR Doc. 2014-16712 Filed 7-16-14; 8:45 am]
BILLING CODE P
