(i) For all renewable fuel producers and foreign ethanol producers
registered in calendar year 2010, the updated registration information
and independent third-party engineering review must be submitted to EPA
by January 31, 2013, and by January 31 of no less frequent than every
third calendar year thereafter.
    (ii) For all renewable fuel producers, foreign ethanol producers,
and biointermediate producers registered in any calendar year after
2010, the updated registration information and independent third-party
engineering review must be submitted to EPA by January 31 of no less
frequent than every third calendar year after the date of the first
independent third-party engineering review site visit conducted under
paragraph (b)(2) of this section. For example, if a renewable fuel
producer arranged for a third-party engineer to conduct the first site
visit on December 15, 2023, the three-year independent third-party
engineer review must be submitted by January 31, 2027.
    (iii) For all renewable fuel producers, the updated independent
third-party engineering review must include all the following:
    (A) The engineering review and written report and verification
required by paragraph (b)(2) of this section.
    (B) A detailed review of the renewable fuel producer's calculations
and assumptions used to determine VRIN of a representative
sample of batches of each type of renewable fuel produced since the
last registration. This representative sampling must adhere to all the
following, as applicable:
    (1) The representative sample must be selected in accordance with
the sample size guidelines set forth at 40 CFR 1090.1805.
    (2) For updated independent third-party engineering reviews
submitted after January 31, 2024, the representative sample must be
selected from batches of renewable fuel produced through at least the
second quarter of the calendar year prior to the applicable January 31
deadline.
    (iv) For biointermediate producers, in addition to conducting the
engineering review and written report and verification required by
paragraph (b)(2) of this section, the updated independent third-party
engineering review must include a detailed review of the
biointermediate producer's calculations used to determine the renewable
biomass and cellulosic renewable biomass proportions, as required to be
reported to EPA under Sec.  80.1451(j), of a representative sample of
batches of each type of biointermediate produced since the last
registration. The representative sample must be selected in accordance
with the sample size guidelines set forth at 40 CFR 1090.1805.
    (v) For updated independent third-party engineering reviews
submitted after January 31, 2024, independent third-party engineers
must conduct site visits required under this paragraph (d) no sooner
than July 1 of the calendar year prior to the applicable January 31
deadline.
    (vi) For updated independent third-party engineering reviews
submitted after January 31, 2024, the site visits required under this
paragraph (d) must occur when the renewable fuel production facility is
producing renewable fuel or when the biointermediate production
facility is producing biointermediates.
    (vii) If a renewable fuel producer, foreign ethanol producer, or
biointermediate producer updates their registration information and
independent third-party engineering review prior to the next applicable
January 31 deadline, and the registration information and independent
third-party engineering review meet all applicable requirements under
paragraphs (b)(2) and (d)(3)(iii) of this section, the next required
registration information and independent third-party engineering review
update is due by January 31 of every third calendar year after the date
of the updated independent third-party engineering review site visit.
* * * * *
    (g) * * *
    (10) * * *
    (ii) The independent third-party auditor submits an affidavit
affirming that they have only verified RINs and biointermediates using
a QAP approved under Sec.  80.1469 and notified all appropriate parties
of all potentially invalid RINs as described in Sec.  80.1471(d).
* * * * *

0
30. Effective February 1, 2024, amend Sec.  80.1450 by revising
paragraph (b)(2)(ii) and adding paragraphs (b)(2)(viii) through (x) to
read as follows:

Sec.  80.1450  What are the registration requirements under the RFS
program?

* * * * *
    (b) * * *
    (2) * * *
    (ii) The independent third-party engineer and its contractors and
subcontractors must meet the independence requirements specified in
Sec.  80.1471(b)(1), (2), (4), (5), and (7) through (12).
* * * * *
    (viii) The independent third-party engineer must conduct
engineering reviews as follows:
    (A)(1) To verify the accuracy of the information provided in
paragraph (b)(1)(ii) of this section, the independent third-party
engineer must conduct independent calculations of the throughput rate-
limiting step in the production process, take digital photographs of
all process units depicted in the process flow diagram during the site
visit, and certify that all process unit connections are in place and
functioning based on the site visit.
    (2) Digital photographs of a process unit are not required if the
third-party engineer submits documentation demonstrating why they were
unable to access certain locations due to access issues or safety
concerns. EPA may not accept a registration if EPA is unable to
determine whether the facility is capable of producing the requested
renewable fuel, biointermediate, biogas, or RNG, as applicable, due to
the lack

of sufficient digital photographs of process units for the facility.
    (B) To verify the accuracy of the information in paragraph
(b)(1)(iii) of this section, the independent third-party engineer must
obtain independent documentation from parties in contracts with the
producer for any co-product sales or disposals. The independent third-
party engineer may use representative sampling as specified in 40 CFR
1090.1805 to verify co-product sales or disposals.
    (C) To verify the accuracy of the information provided in paragraph
(b)(1)(iv) of this section, the independent third-party engineer must
obtain independent documentation from all process heat fuel suppliers
of the process heat fuel supplied to the facility. The independent
third-party engineer may use representative sampling as specified in 40
CFR 1090.1805 to verify fuel suppliers.
    (D) To verify the accuracy of the information provided in paragraph
(b)(1)(v) of this section, the independent third-party engineer must
conduct independent calculations of the Converted Fraction that will be
used to generate RINs.
    (ix) The independent third-party engineer must provide to EPA
documentation demonstrating that a site visit, as specified in
paragraph (b)(2) of this section, occurred. Such documentation must
include digital photographs with date and geographic coordinates taken
during the site visit and a description of what is depicted in the
photographs.
    (x) The independent third-party engineer must sign, date, and
submit to EPA with the written report the following conflict of
interest statement:
    ``I certify that the engineering review and written report required
and submitted under 40 CFR 80.1450(b)(2) was conducted and prepared by
me, or under my direction or supervision, in accordance with a system
designed to assure that qualified personnel properly gather and
evaluate the information upon which the engineering review was
conducted and the written report is based. I further certify that the
engineering review was conducted and this written report was prepared
pursuant to the requirements of 40 CFR part 80 and all other applicable
auditing, competency, independence, impartiality, and conflict of
interest standards and protocols. Based on my personal knowledge and
experience, and inquiry of personnel involved, the information
submitted herein is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including
the possibility of fines and imprisonment for knowing violations.''
* * * * *

0
31. Amend Sec.  80.1451 by:
0
a. In paragraph (a) introductory text, removing the text ``described in
Sec.  80.1406'' and ``described in Sec.  80.1430'';
0
b. Revising paragraph (a)(1)(iii);
0
c. In paragraph (a)(1)(vi), removing the text ``defined'' and adding in
its place the text ``specified'';
0
d. Revising paragraphs (a)(1)(viii) and (ix);
0
e. In paragraph (a)(1)(xiii), removing the text ``the Administrator''
and adding in its place the text ``EPA'';
0
f. Revising paragraphs (a)(1)(xvi), (xvii), and (xviii);
0
g. In paragraph (b)(1)(ii)(O), removing the text ``as defined in Sec.
80.1401'';
0
h. In paragraph (b)(1)(ii)(T), removing the text ``Sec.  80.1468'' and
adding in its place the text ``Sec.  80.12'';
0
i. Revising paragraph (b)(1)(ii)(U) introductory text;
0
j. In paragraph (b)(1)(ii)(W), removing the text ``the Administrator''
and adding in its place the text ``that EPA'';
0
k. In paragraph (c)(1)(iii)(K), removing the text ``the Administrator''
and adding in its place the text ``EPA'';
0
l. In paragraphs (c)(2)(i)(J) and (L), removing the text ``as defined
in'' and adding in its place the text ``under'';
0
m. In paragraph (c)(2)(i)(R), removing the text ``the Administrator''
and adding in its place the text ``EPA'';
0
n. In paragraphs (c)(2)(ii)(D)(8) and (10), removing the text ``as
defined in'' and adding in its place the text ``under'';
0
o. In paragraph (c)(2)(ii)(I), removing the text ``the Administrator''
and adding in its place the text ``EPA'';
0
p. In paragraph (e) introductory text, removing the text ``as defined
in Sec.  80.1401 who'' and adding in its place the text ``that'';
0
q. Adding paragraph (f)(4);
0
r. Revising paragraphs (g) introductory text, (g)(1), (g)(2)
introductory text, and (g)(2)(vii) through (xi);
0
s. Adding paragraph (g)(2)(xii);
0
t. In paragraph (h)(2), removing the text ``the Administrator'' and
adding in its place the text ``EPA'';
0
u. In paragraph (j)(1)(xvi), removing the text ``the Administrator''
and adding in its place the text ``that EPA''; and
0
v. In paragraph (k), removing the text ``the Administrator'' and adding
in its place the text ``EPA''.
    The revisions and additions read as follows:

Sec.  80.1451  What are the reporting requirements under the RFS
program?

    (a) * * *
    (1) * * *
    (iii) Whether the refiner is complying on a corporate (aggregate)
or facility-by-facility basis.
* * * * *
    (viii) The total current-year RINs by category of renewable fuel
(i.e., cellulosic biofuel, biomass-based diesel, advanced biofuel,
renewable fuel, and cellulosic diesel), retired for compliance.
    (ix) The total prior-year RINs by renewable fuel category retired
for compliance.
* * * * *
    (xvi) The total current-year RINs by category of renewable fuel
(i.e., cellulosic biofuel, biomass-based diesel, advanced biofuel,
renewable fuel, and cellulosic diesel), retired for compliance that are
invalid as specified in Sec.  80.1431(a).
    (xvii) The total prior-year RINs by renewable fuel category retired
for compliance that are invalid as specified in Sec.  80.1431(a).
    (xviii) A list of all RINs that were retired for compliance in the
reporting period and are invalid as specified in Sec.  80.1431(a).
* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (U) Producers generating D code 3 or 7 RINs for cellulosic biofuel
other than RNG or biogas-derived renewable fuel, and that was produced
from two or more feedstocks converted simultaneously, at least one of
which has less than 75% average adjusted cellulosic content, and using
a combination of processes or a process other than a thermochemical
process or a combination of processes, must report all the following:
* * * * *
    (f) * * *
    (4) Monthly reporting schedule. Any party required to submit
information or reports on a monthly basis must submit such information
or reports by the end of the subsequent calendar month.
    (g) Independent third-party auditors. Any independent third-party
auditor must submit quarterly reports as follows:
    (1) The following information for each verified batch, as
applicable:
    (i) The audited party's name.
    (ii) The audited party's EPA company registration number.
    (iii) The audited party's EPA facility registration number.
    (iv)(A) The renewable fuel importer's EPA facility registration
number and foreign renewable fuel producer's company registration
number.
    (B) The RNG importer's EPA facility registration number and foreign
RNG

producer's company registration number.
    (v) The applicable reporting period.
    (vi) The quantity of RINs generated for each verified batch
according to Sec. Sec.  80.125, 80.130, and 80.1426.
    (vii) The production date of each verified batch.
    (viii) The D-code of each verified batch.
    (ix) The volume of ethanol denaturant and applicable equivalence
value of each verified batch.
    (x) The volume of each verified batch produced.
    (xi) The volume and type of each feedstock and biointermediate used
to produce the verified batch.
    (xii) Whether the feedstocks and biointermediates used to produce
each verified batch met the definition of renewable biomass.
    (xiii) Whether appropriate RIN generation and verified batch volume
calculations under this part were followed for each verified batch.
    (xiv) The quantity and type of co-products produced.
    (xv) Invoice document identification numbers associated with each
verified batch.
    (xvi) Laboratory sample identification numbers for each verified
batch associated with the generation of any certificates of analysis
used to verify fuel type and quality.
    (xvii) Any additional information that EPA may require.
    (2) The following aggregate verification information, as
applicable:
* * * * *
    (vii) A list of all audited facilities, including the EPA's company
and facility registration numbers, along with the date the independent
third-party auditor conducted the on-site visit and audit.
    (viii) Mass and energy balances calculated for each audited
facility.
    (ix) A list of all RINs that were identified as Potentially Invalid
RINs (PIRs) pursuant to Sec. Sec.  80.185 and 80.1474, along with a
narrative description of why the RINs were not verified or were
identified as PIRs.
    (x) A list of all biointermediates that were identified as
potentially improperly produced biointermediates under Sec.
80.1477(d).
    (xi) A list of all biogas that was identified as potentially
inaccurate or non-qualifying under Sec.  80.185(b).
    (xii) Any additional information that EPA may require.
* * * * *

Sec.  80.1452  [Amended]

0
32. Amend Sec.  80.1452 by:
0
a. In paragraph (b)(14), removing the text ``as defined in Sec.
80.1401'';
0
b. In paragraph (b)(18), removing the text ``the Administrator'' and
adding in its place the text ``that EPA''; and
0
c. In paragraphs (c)(14) and (d), removing the text ``the
Administrator'' and adding in its place the text ``EPA''.

0
33. Amend Sec.  80.1453 by:
0
a. Revising paragraphs (a) introductory text, (a)(12) introductory
text, and (a)(12)(v);
0
b. Adding paragraph (a)(12)(viii);
0
c. In paragraphs (d) and (f)(1)(vi), removing the text ``Sec.
80.1401'' and adding in its place the text ``Sec.  80.2''; and
0
d. Adding paragraph (f)(1)(vii).
    The revisions and additions read as follows:

Sec.  80.1453  What are the product transfer document (PTD)
requirements for the RFS program?

    (a) On each occasion when any party transfers ownership of neat or
blended renewable fuels or RNG, except when such fuel is dispensed into
motor vehicles or nonroad vehicles, engines, or equipment, or separated
RINs subject to this subpart, the transferor must provide to the
transferee documents that include all the following information, as
applicable:
* * * * *
    (12) For the transfer of renewable fuel or RNG for which RINs were
generated, an accurate and clear statement on the product transfer
document of the fuel type from the approved pathway, and designation of
the fuel use(s) intended by the transferor, as follows:
* * * * *
    (v) Naphtha. ``This volume of neat or blended naphtha is designated
and intended for use as transportation fuel or jet fuel in the 48 U.S.
contiguous states and Hawaii. This naphtha may only be used as a
gasoline blendstock, E85 blendstock, or jet fuel. Any person exporting
this fuel is subject to the requirements of 40 CFR 80.1430.''.
* * * * *
    (viii) RNG. ``This volume of RNG is designated and intended for
transportation use in the 48 U.S. contiguous states and Hawaii or as a
feedstock to produce a renewable fuel and may not be used for any other
purpose. Any person exporting this fuel is subject to the requirements
of 40 CFR 80.1430. Assigned RINs to this volume of RNG must not be
separated unless the RNG is used as transportation fuel in the 48 U.S.
contiguous states and Hawaii.''
* * * * *
    (f) * * *
    (1) * * *
    (vii) For biogas designated for use as a biointermediate, any
applicable PTD requirements under Sec.  80.150.
* * * * *

0
34. Amend Sec.  80.1454 by:
0
a. In paragraph (a) introductory text, removing the text ``(as
described at Sec.  80.1406)'' and ``(as described at Sec.  80.1430)'';
0
b. In paragraph (b) introductory text, removing the text ``as defined
in Sec.  80.1401'';
0
c. Revising paragraphs (b)(3)(ix) and (xii);
0
d. In paragraph (b)(8), removing the text ``Sec.  80.1401'' and adding
in its place the text ``Sec.  80.2'';
0
e. In paragraph (c)(1) introductory text, removing the text ``(as
defined in Sec.  80.1401)'';
0
f. In paragraph (c)(1)(iii), removing the text ``as defined in Sec.
80.1401'';
0
g. In paragraph (c)(2) introductory text, removing the text ``(as
defined in Sec.  80.1401)'';
0
h. Adding paragraphs (c)(2)(vii) and (c)(3);
0
i. Removing paragraph (d) introductory text;
0
j. Redesignating paragraphs (d)(1) through (4) as paragraphs (d)(2)
through (5), respectively, and adding a new paragraph (d)(1);
0
k. In newly redesignated paragraph (d)(2)(ii), removing the text
``(d)(1)(i)'' and adding in its place the text ``(d)(2)(i)'';
0
l. In newly redesignated paragraph (d)(4)(ii)(B), removing the text
``(d)(3)(ii)(A)'' and adding in its place the text ``(d)(4)(ii)(A)'';
0
m. Revising newly redesignated paragraph (d)(5);
0
n. Adding paragraph (d)(6);
0
o. In paragraphs (h)(3)(iv) and (v), removing the text ``as defined in
Sec.  80.1401'';
0
p. Removing paragraphs (h)(6)(vi) and (vii);
0
q. Revising paragraph (j) introductory text;
0
r. In paragraphs (j)(1)(iii), (j)(2)(iv), and (k)(1)(vii), removing the
text ``the Administrator'' and adding in its place the text ``EPA'';
0
s. Revising paragraphs (k)(2) and (l) introductory text;
0
t. In paragraphs (l)(4) and (m)(11), removing the text ``the
Administrator'' and adding in its place the text ``EPA'';
0
u. In paragraph (t), removing the text ``the Administrator or the
Administrator's authorized representative'' and adding in its place the
text ``EPA''; and
0
v. In paragraph (v), removing the text ``the Administrator'' and adding
in its place the text ``EPA''.

    The revisions and additions read as follows:

Sec.  80.1454  What are the recordkeeping requirements under the RFS
program?

* * * * *
    (b) * * *
    (3) * * *
    (ix) All facility-determined values used in the calculations under
Sec.  80.1426(f)(4) and the data used to obtain those values.
* * * * *
    (xii) For RINs generated for ethanol produced from corn starch at a
facility using an approved pathway that requires the use of one or more
of the advanced technologies listed in Table 2 to Sec.  80.1426,
documentation to demonstrate that employment of the required advanced
technology or technologies was conducted in accordance with the
specifications in the approved pathway and Table 2 to Sec.  80.1426,
including any requirement for application to 90% of the production on a
calendar year basis.
* * * * *
    (c) * * *
    (2) * * *
    (vii) For renewable fuel or biointermediate produced from a type of
renewable biomass not specified in paragraphs (c)(1)(i) through (vi) of
this section, documents from their feedstock suppliers and feedstock
aggregators, as applicable, certifying that the feedstock qualifies as
renewable biomass, describing the feedstock.
    (3) Producers of renewable fuel or biointermediate produced from
separated yard and food waste, biogenic oils/fats/greases, or separated
MSW must comply with either the recordkeeping requirements in paragraph
(j) of this section or the alternative recordkeeping requirements in
Sec.  80.1479.
    (d) Additional requirements for domestic producers of renewable
fuel. (1) Except as provided in paragraphs (g) and (h) of this section,
any domestic producer of renewable fuel that generates RINs for such
fuel must keep documents associated with feedstock purchases and
transfers that identify where the feedstocks were produced and are
sufficient to verify that feedstocks used are renewable biomass if RINs
are generated.
* * * * *
    (5) Domestic producers of renewable fuel or biointermediates
produced from a type of renewable biomass not specified in paragraphs
(d)(2) through (4) of this section must have documents from their
feedstock suppliers and feedstock aggregators, as applicable,
certifying that the feedstock qualifies as renewable biomass,
describing the feedstock.
    (6) Producers of renewable fuel or biointermediate produced from
separated yard and food waste, biogenic oils/fats/greases, or separated
MSW must comply with either the recordkeeping requirements in paragraph
(j) of this section or the alternative recordkeeping requirements in
Sec.  80.1479.
* * * * *
    (j) Additional requirements for producers that use separated yard
waste, separate food waste, separated MSW, or biogenic waste oils/fats/
greases. Except for parties complying with the alternative
recordkeeping requirements in Sec.  80.1479, a renewable fuel or
biointermediate producer that produces fuel or biointermediate from
separated yard waste, separated food waste, separated MSW, or biogenic
waste oils/fats/greases must keep all the following additional records:
* * * * *
    (k) * * *
    (2) Biogas and electricity in pathways involving grain sorghum as
feedstock. A renewable fuel producer that produces fuel pursuant to a
pathway that uses grain sorghum as a feedstock must keep all the
following additional records, as appropriate:
    (i) Contracts and documents memorializing the purchase and sale of
biogas and the transfer of biogas from the point of generation to the
ethanol production facility.
    (ii) If the advanced biofuel pathway is used, documents
demonstrating the total kilowatt-hours (kWh) of electricity used from
the grid, and the total kWh of grid electricity used on a per gallon of
ethanol basis, pursuant to Sec.  80.1426(f)(13).
    (iii) Affidavits from the biogas producer used at the facility, and
all parties that held title to the biogas, confirming that title and
environmental attributes of the biogas relied upon under Sec.
80.1426(f)(13) were used for producing ethanol at the renewable fuel
production facility and for no other purpose. The renewable fuel
producer must obtain these affidavits for each quarter.
    (iv) The biogas producer's Compliance Certification required under
Title V of the Clean Air Act.
    (v) Such other records as may be requested by EPA.
    (l) Additional requirements for producers or importers of any
renewable fuel other than ethanol, biodiesel, renewable gasoline,
renewable diesel, biogas-derived renewable fuel, or renewable
electricity. A renewable fuel producer that generates RINs for any
renewable fuel other than ethanol, biodiesel, renewable gasoline,
renewable diesel that meets the Grade No. 1-D or No. 2-D specification
in ASTM D975 (incorporated by reference, see Sec.  80.12), biogas-
derived renewable fuel or renewable electricity must keep all the
following additional records:
* * * * *

Sec.  80.1455  [Removed and Reserved]

0
35. Remove and reserve Sec.  80.1455.

Sec.  80.1457  [Amended]

0
36. Amend Sec.  80.1457 by, in paragraph (b)(8), removing the text
``the Administrator'' and adding in its place the text ``that EPA''.
    37. Add Sec.  80.1458 to read as follows:

Sec.  80.1458  Storage of renewable fuel, RNG, or biointermediate prior
to registration.

    (a) Applicability. (1) A renewable fuel producer may store
renewable fuel for the generation of RINs prior to EPA acceptance of
their registration under Sec.  80.1450(b) if all the requirements of
this section are met.
    (2) An RNG producer may store RNG prior to EPA acceptance of their
registration under Sec.  80.135 if all the requirements of this section
are met.
    (3) A biointermediate producer may store biointermediate (including
biogas used to produce a biogas-derived renewable fuel) prior to EPA
acceptance of their registration under Sec.  80.1450(b) if all the
requirements of this section are met.
    (b) Storage requirements. In order for a renewable fuel, RNG, or
biointermediate producer to store renewable fuel, RNG, or
biointermediate under this section, the producer must do the following:
    (1) Produce the stored renewable fuel, RNG, or biointermediate
after an independent third-party engineer has conducted an engineering
review for the renewable fuel, RNG, or biointermediate production
facility under Sec.  80.1450(b)(2).
    (2) Produce the stored renewable fuel, RNG, or biointermediate in
accordance with all applicable requirements under this part.
    (3) Make no change to the facility after the independent third-
party engineer completed the engineering review.
    (4) Store the renewable fuel, RNG, or biointermediate at the
facility that produced the renewable fuel, RNG, or biointermediate.
    (5) Maintain custody and title to the stored renewable fuel, RNG,
or biointermediate until EPA accepts the

producer's registration under Sec.  80.1450(b).
    (c) RIN generation. (1) A RIN generator may only generate RINs for
stored renewable fuel, stored RNG, or renewable fuel produced from
stored biointermediate if the RIN generator generates the RINs under
Sec. Sec.  80.125, 80.1426, and 80.1452, as applicable, after EPA
accepts their registration under Sec.  80.1450(b) and meets all other
applicable requirements under this part for RIN generation.
    (2) The RIN year of any RINs generated for stored renewable fuel,
stored RNG, or renewable fuel produced from stored biointermediate is
the year that the renewable fuel or RNG was produced.
    (d) Limitations. RNG injected into a natural gas commercial
pipeline system prior to EPA acceptance of a renewable fuel producer's
registration under Sec.  80.135 does not meet the requirements of this
section and may not be stored.

0
38. Amend Sec.  80.1460 by:
0
a. In paragraph (a), removing the text ``Except as provided in Sec.
80.1455, no'' and adding in its place the text ``No'';
0
b. In paragraphs (c)(2) and (3), removing the text ``(as defined in
Sec.  80.1401)'';
0
c. In paragraph (d), removing the text ``Sec.  80.1428(a)(5)'' and
adding in its place the text ``Sec.  80.1428(a)(4)''
0
d. In paragraph (g), removing the text ``Sec.  80.1401'' and adding in
its place the text ``Sec.  80.2''; and
0
e. Adding paragraph (l).
    The addition reads as follows:

Sec.  80.1460  What acts are prohibited under the RFS program?

* * * * *
    (l) Independent third-party engineer violations. No person shall do
any of the following:
    (1) Fail to identify any incorrect information submitted by any
party as specified in Sec.  80.1450(b)(2).
    (2) Fail to meet any requirement related to engineering reviews as
specified in Sec.  80.1450(b)(2).
    (3) Fail to disclose to EPA any financial, professional, business,
or other interests with parties for whom the independent third-party
engineer provides services under Sec.  80.1450.
    (4) Fail to meet any requirement related to the independent third-
party engineering review requirements in Sec.  80.1450(b)(2) or (d)(1).

0
39. Amend Sec.  80.1461 by adding paragraph (f) to read as follows:

Sec.  80.1461  Who is liable for violations under the RFS program?

* * * * *
    (f) Third-party liability. Any party allowed under this subpart to
conduct sampling and testing on behalf of a regulated party and does so
to demonstrate compliance with the requirements of this subpart must
meet those requirements in the same way that the regulated party must
meet those requirements. The regulated party and the third party are
both liable for any violations arising from the third party's failure
to meet the requirements of this subpart.

Sec.  80.1464  [Amended]

0
40. Amend Sec.  80.1464 by:
0
a. In the introductory text, removing the reference ``Sec. Sec.
80.1465 and 80.1466'' and adding in its place the reference ``Sec.
80.1466'';
0
b. In paragraph (a) introductory text, removing the text ``(as
described at Sec.  80.1406(a))'' and ``(as described at Sec.
80.1430)'';
0
c. In paragraph (b)(1)(iii), removing the text ``a pathway in Table 1
to Sec.  80.1426'' and adding in its place the text ``an approved
pathway'';
0
d. In paragraph (b)(1)(v)(B), removing the text ``in Sec.  80.1401'';
and
0
e. In paragraphs (i)(1) and (2), removing the text ``RIN and
biointermediate''.

0
41. Effective April 1, 2024, amend Sec.  80.1466 by:
0
a. In paragraph (d)(2)(ii), removing the text ``The Administrator'' and
adding in its place the text ``EPA'';
0
b. In paragraph (f)(1)(viii), removing the text ``working'' and adding
in its place the text ``business'';
0
c. Revising paragraphs (h)(1) and (2);
0
d. In paragraph (k)(4)(i), removing the text ``The Administrator'' and
adding in its place the text ``EPA'';
0
e. In paragraph (o)(1), removing the text ``the Administrator''
wherever it appears and adding in its place the text ``EPA''; and
0
f. In paragraph (o)(2)(ii), removing the text ``40 CFR 80.1465'' and
adding in its place the text ``40 CFR 80.1466''.
    The revisions read as follows:

Sec.  80.1466  What are the additional requirements under this subpart
for foreign renewable fuel producers and importers of renewable fuels?

* * * * *
    (h) * * *
    (1) The RIN-generating foreign producer must post a bond of the
amount calculated using the following equation.

Bond = G * $0.22

Where:

Bond = Amount of the bond in U.S. dollars.
G = The greater of: (1) The largest volume of renewable fuel
produced by the RIN-generating foreign producer and exported to the
United States, in gallons, during a single calendar year among the
five preceding calendar years; or (2) The largest volume of
renewable fuel that the RIN-generating foreign producers expects to
export to the United States during any calendar year identified in
the Production Outlook Report required by Sec.  80.1449. If the
volume of renewable fuel exported to the United States increases
above the largest volume identified in the Production Outlook Report
during any calendar year, the RIN-generating foreign producer must
increase the bond to cover the shortfall within 90 days.
    (2) Bonds must be obtained in the proper amount from a third-party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign producer, provided EPA agrees in
advance as to the third party and the nature of the surety agreement.
* * * * *

0
42. Effective April 1, 2024, amend Sec.  80.1467 by:
0
a. In paragraph (c)(1)(viii), removing the text ``working'' and adding
in its place the text ``business'';
0
b. Revising paragraphs (e)(1) and (2); and
0
c. In paragraph (j)(1), removing the text ``the Administrator''
wherever it appears and adding in its place the text ``EPA''.
    The revisions read as follows:

Sec.  80.1467  What are the additional requirements under this subpart
for a foreign RIN owner?

* * * * *
    (e) * * *
    (1) The foreign entity must post a bond of the amount calculated
using the following equation:

Bond = G * $ 0.22

Where:

Bond = Amount of the bond in U.S. dollars.
G = The total of the number of gallon-RINs the foreign entity
expects to obtain, sell, transfer, or hold during the first calendar
year that the foreign entity is a RIN owner, plus the number of
gallon-RINs the foreign entity expects to obtain, sell, transfer, or
hold during the next four calendar years. After the first calendar
year, the bond amount must be based on the actual number of gallon-
RINs obtained, sold, or transferred so far during the current
calendar year plus the number of gallon-RINs obtained, sold, or
transferred during the four calendar years immediately preceding the
current calendar year. For any year for which there were fewer than
four preceding years in which the foreign entity obtained, sold, or
transferred RINs, the bond must be based on the total of the number
of gallon-RINs sold or transferred so far during the current
calendar year plus the number of gallon-RINs obtained, sold, or
transferred

during any immediately preceding calendar years in which the foreign
entity owned RINs, plus the number of gallon-RINs the foreign entity
expects to obtain, sell or transfer during subsequent calendar
years, the total number of years not to exceed four calendar years
in addition to the current calendar year.

    (2) Bonds must be obtained in the proper amount from a third-party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign RIN owner, provided EPA agrees
in advance as to the third party and the nature of the surety
agreement.
* * * * *

Sec.  80.1468  [Removed and Reserved]

0
43. Remove and reserve Sec.  80.1468.

0
44. Amend Sec.  80.1469 by:
0
a. In paragraph (a)(1)(i)(A), removing the text ``as defined in Sec.
80.1401'';
0
b. In paragraphs (a)(1)(i)(F) and (a)(2)(i)(B), removing the text ``as
permitted under Table 1 to Sec.  80.1426 or a petition approved through
Sec.  80.1416'' and adding in its place the text ``from the approved
pathway'';
0
c. In paragraph (a)(3)(i)(F), removing the text ``EV'' and adding in
its place the text ``EqV'';
0
d. In paragraph (b)(1)(i), removing the text ``as defined in Sec.
80.1401'';
0
e. In paragraphs (b)(1)(vi) and (b)(2)(ii), removing the text ``as
permitted under Table 1 to Sec.  80.1426 or a petition approved through
Sec.  80.1416'' and adding in its place the text ``from the approved
pathway'';
0
f. In paragraph (b)(3)(v), removing the text ``EV'' and adding in its
place the text ``EqV'';
0
g. In paragraph (c)(1)(i), removing the text ``as defined in Sec.
80.1401'';
0
h. In paragraph (c)(3)(v), removing the text ``EV'' and adding in its
place the text ``EqV'';
0
i. Revising paragraph (c)(4) paragraph heading;
0
j. In paragraph (c)(4)(i), removing the text ``Sec.  80.1429(b)(4)''
and adding in its place the text ``Sec.  80.1429(b)'';
0
k. Adding paragraph (c)(6);
0
l. Revising paragraph (d); and
0
m. In paragraph (e)(1), removing the text ``the Administrator'' and
adding in its place the text ``EPA''.
    The revisions and addition read as follows:

Sec.  80.1469  Requirements for Quality Assurance Plans.

* * * * *
    (c) * * *
    (4) Other RIN-related components. * * *
* * * * *
    (6) Documentation. Independent third-party auditors must review all
relevant registration information under Sec.  80.1450, reporting
information under Sec.  80.1451, and recordkeeping information under
Sec.  80.1454, as well as any other relevant information and
documentation required under this part, to verify elements in a QAP
approved by EPA under this section.
    (d) In addition to a general QAP encompassing elements common to
all pathways, for each QAP there must be at least one pathway-specific
plan for an approved pathway, which must contain elements specific to
particular feedstocks, production processes, and fuel types, as
applicable.
* * * * *

0
45. Amend Sec.  80.1471 by:
0
a. Revising paragraphs (b) introductory text and (b)(1);
0
b. In paragraph (b)(2), removing the text ``as defined in Sec.
80.1406'';
0
c. Revising paragraphs (b)(4) through (6); and
0
d. Adding paragraphs (b)(8) through (12).
    The revisions and additions read as follows:

Sec.  80.1471  Requirements for QAP auditors.

* * * * *
    (b) To be considered an independent third-party auditor under
paragraph (a) of this section, all the following conditions must be
met:
    (1) The independent third-party auditor and its contractors and
subcontractors must not be owned or operated by the audited party or
any subsidiary or employee of the audited party.
* * * * *
    (4) The independent third-party auditor and its contractors and
subcontractors must be free from any interest or the appearance of any
interest in the audited party's business.
    (5) The audited party must be free from any interest or the
appearance of any interest in the third-party auditor's business and
the businesses of third-party auditor's contractors and subcontractors.
    (6) The independent third-party auditor and its contractors and
subcontractors must not have performed an attest engagement under Sec.
80.1464(b) for the audited party for the same compliance period as a
QAP audit conducted pursuant to Sec.  80.1472.
* * * * *
    (8) The independent third-party auditor and its contractors and
subcontractors must act impartially when performing all activities
under this section.
    (9) The independent third-party auditor and its contractors and
subcontractors must be free from any interest in the audited party's
business and receive no financial benefit from the outcome of auditing
service, apart from payment for the auditing services.
    (10) The independent third-party auditor and its contractors and
subcontractors must not have been involved in the design or
construction of the audited facility.
    (11) The independent third-party auditor and its contractors and
subcontractors must ensure that all personnel involved in the third-
party audit (including the verification activities) under this section
are not negotiating for future employment with the owner or operator of
the audited party. At a minimum, prior to conducting the audit, the
independent third-party auditor must obtain an attestation (or similar
document) from each person involved in the audit stating that they are
not negotiating for future employment with the owner or operator of the
audited party.
    (12) The independent third-party auditor and its contractors and
subcontractors must have written policies and procedures to ensure that
the independent third-party auditor and all personnel under the
independent third-party auditor's direction or supervision comply with
the competency, independence, and impartiality requirements of this
section.
* * * * *

Sec.  80.1473  [Amended]

0
46. Amend Sec.  80.1473 by, in paragraphs (c)(1), (d)(1), and (e)(1),
removing the text ``defined'' and adding in its place the text
``specified''.

Sec.  80.1474  [Amended]

0
47. Amend Sec.  80.1474 by, in paragraph (g), removing the text ``the
Administrator'' and adding in its place the text ``EPA''.

Sec.  80.1478  [Amended]

0
48. Amend Sec.  80.1478 by, in paragraph (g)(1), removing the text
``the Administrator'' wherever it appears and adding in its place the
text ``EPA''.

0
49. Add Sec.  80.1479 to read as follows:

Sec.  80.1479  Alternative recordkeeping requirements for separated
yard waste, separated food waste, separated MSW, and biogenic waste
oils/fats/greases.

    (a) Alternative recordkeeping. In lieu of complying with the
recordkeeping requirements in Sec.  80.1454(j), a renewable fuel
producer or biointermediate producer that produces renewable fuel or
biointermediate from separated yard waste, separated food

waste, separated MSW, or biogenic waste oils/fats/greases and uses a
feedstock aggregator to supply these feedstocks may comply with the
alternative recordkeeping requirements of this section.
    (b) Registration of the feedstock aggregator. The feedstock
aggregator must register under 40 CFR 1090.805.
    (c) QAP participation. (1) The renewable fuel or biointermediate
producer must have their RINs or biointermediate, as applicable,
verified by an independent third-party auditor under an approved QAP
that includes a description of how the independent third-party auditor
will audit each feedstock aggregator.
    (2) The independent third-party auditor must conduct a site visit
of each feedstock aggregator's establishment as specified in Sec.
80.1471(f). Instead of verifying RINs with a site visit of the
feedstock aggregator's establishment every 200 days as specified in
Sec.  80.1471(f)(1)(ii), the independent third-party auditor may verify
RINs with a site visit every 380 days.
    (d) PTDs. PTDs must accompany transfers of separated yard waste,
separated food waste, separated MSW, and biogenic waste oils/fats/
greases from the point where the feedstock leaves the feedstock
aggregator's establishment to the point the feedstock is delivered to
the renewable fuel production facility, as specified in Sec.
80.1453(f)(1)(i) through (v).
    (e) Recordkeeping. The feedstock aggregator must keep all
applicable records for the collection of separated yard waste,
separated food waste, separated MSW, and biogenic waste oils/fats/
greases as specified in Sec.  80.1454(j).
    (f) Liability. The feedstock aggregator and renewable fuel producer
are liable for violations as specified in Sec.  80.1461(e).

PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS

0
50. The authority citation for part 1090 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543,
7545, 7547, 7550, and 7601.

Subpart A--General Provisions

0
51. Amend Sec.  1090.55 by revising paragraph (c) to read as follows:

Sec.  1090.55  Requirements for independent parties.

* * * * *
    (c) Suspension and disbarment. Any person suspended or disbarred
under 2 CFR part 1532 or 48 CFR part 9, subpart 9.4, is not qualified
to perform review functions under this part.

0
52. Amend Sec.  1090.80 by:
0
a. In the definition for ``PADD'', revising entry ``II'' in the table;
and
0
b. In the definition of ``Ultra low-sulfur diesel (ULSD)'', removing
the text ``Ultra low-sulfur diesel (ULSD)'' and adding in its place the
text ``Ultra-low-sulfur diesel (ULSD)''.
    The revision reads as follows:

Sec.  1090.80  Definitions.

* * * * *
    PADD * * *

------------------------------------------------------------------------
                                     Regional
             PADD                  description       State or territory
------------------------------------------------------------------------

                              * * * * * * *
II............................  Midwest..........  Illinois, Indiana,
                                                    Iowa, Kansas,
                                                    Kentucky, Michigan,
                                                    Minnesota, Missouri,
                                                    Nebraska, North
                                                    Dakota, Ohio,
                                                    Oklahoma, South
                                                    Dakota, Tennessee,
                                                    Wisconsin

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

* * * * *

Subpart I--Registration

0
53. Amend Sec.  1090.805 by revising paragraph (a)(1)(iv) to read as
follows:

Sec.  1090.805  Contents of registration.

    (a) * * *
    (1) * * *
    (iv) Name(s), title(s), telephone number(s), and email address(es)
of an RCO and their delegate, if applicable.
* * * * *

Subpart S--Attestation Engagements

Sec.  1090.1830  [Amended]

0
54. Amend Sec.  1090.1830 by, in paragraph (a)(3), adding the text
``all'' after the text ``submitted''.

[FR Doc. 2023-13462 Filed 7-11-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Rules and Regulations]
[Page 70261-70263]
[DOCID:fr20no08-4]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0850; Directorate Identifier 2007-NM-342-AD;
Amendment 39-15710; AD 2008-22-14]
RIN 2120-AA64

Airworthiness Directives; Fokker Model F.28 Mark 0100 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
* * * * *
    During recent inspections it was found that some * * * bolts,
that connect the horizontal stabilizer control unit actuator with
the dog-links, were broken. This condition, if not corrected, could
lead to [the loss of the flight control input connection to the
horizontal stabilizer and consequent] partial loss of control of the
aircraft.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective December 26, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 7, 2008 (73
FR 45898) and proposed to supersede AD 97-13-05, Amendment 39-10051 (62
FR 34617, June 27, 1997). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:

    In January 1996, Fokker issued Service Bulletin (SB) SBF100-27-
069 (referencing Menasco, now Goodrich, SB 23100-27-19) to introduce
an inspection of bolt Part Number (P/N) 23233-1 for cracks after the
examination of a failed bolt. This Service Bulletin was made
mandatory by CAA-NL (Civil Aviation Authority--the Netherlands) with
the issuance of AD BLA 1996-006 (A) [reference corresponding FAA AD
97-13-05]. Additionally the same SB introduced a lower torque value
for these bolts.
    During recent inspections it was found that some of these bolts,
that connect the horizontal stabilizer control unit actuator with
the dog-links, were broken. This condition, if not corrected, could
lead to [the loss of the flight control input connection to the
horizontal stabilizer and consequent] partial loss of control of the
aircraft.
    Since an unsafe condition has been identified that continues to
exist or develop on other aircraft of the same type design, this
Airworthiness Directive supersedes CAA-NL AD 1996-006 and requires
an integrity check by a re-torque in accordance with SBF100-27-091
and the installation of a tie wrap through the bolt, which will act
as a retainer for the bolt and nut. The key function for this tie-
wrap is to keep the bolt in place in the event the bolt head fails.

The corrective action includes replacing any failed bolt (i.e., broken
or loose bolt) with a serviceable bolt. This AD also expands the
applicability of AD 97-13-05. You may obtain further information by
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect about 9 products of U.S.
registry. We also estimate that it will take about 3 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $2,160, or $240 per
product.

Authority for This Rulemaking

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

Regulatory Findings

    We 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-10051 (62 FR
34617, June 27, 1997) and adding the following new AD:

2008-22-14 Fokker Services B.V.: Amendment 39-15710. Docket No. FAA-
2008-0850; Directorate Identifier 2007-NM-342-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
26, 2008.

Affected ADs

    (b) This AD supersedes AD 97-13-05, Amendment 39-10051.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0100 airplanes,
certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    In January 1996, Fokker issued Service Bulletin (SB) SBF100-27-
069 (referencing Menasco, now Goodrich, SB 23100-27-19) to introduce
an inspection of bolt Part Number (P/N) 23233-1 for cracks after the
examination of a failed bolt. This Service Bulletin was made
mandatory by CAA-NL (Civil Aviation Authority--the Netherlands) with
the issuance of AD BLA 1996-006 (A) [reference corresponding FAA AD
97-13-05]. Additionally the same SB introduced a lower torque value
for these bolts.
    During recent inspections it was found that some of these bolts,
that connect the horizontal stabilizer control unit actuator with
the dog-links, were broken. This condition, if not corrected, could
lead to [the loss of the flight control input connection to the
horizontal stabilizer and consequent] partial loss of control of the
aircraft.
    Since an unsafe condition has been identified that continues to
exist or develop on other aircraft of the same type design, this
Airworthiness Directive [European Aviation Safety Agency (EASA)
Airworthiness Directive 2007-0287, dated November 15, 2007]
supersedes CAA-NL AD 1996-006 and requires an integrity check by a
re-torque in accordance with SBF100-27-091 and the installation of a
tie wrap through the bolt, which will act as a retainer for the bolt
and nut. The key function for this tie-wrap is to keep the bolt in
place in the event the bolt head fails.
    The corrective action includes replacing any failed bolt (i.e.,
broken or loose bolt) with a serviceable bolt.

Actions and Compliance

    (f) Unless already done, within 6 months after the effective
date of this AD, do the following actions.
    (1) Perform a one-time inspection (integrity check) for failure
of the lower bolts of the stabilizer control unit dog-links, in
accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF100-27-091, dated August 31, 2007. If a failed bolt is
found, before further flight, replace the bolt with a serviceable
bolt in accordance with the Accomplishment Instructions of the
service bulletin.
    (2) Install a tie-wrap through the lower bolts of the stabilizer
control unit, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-27-091, dated August 31, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0287, dated
November 15,

2007; and Fokker Service Bulletin SBF100-27-091, dated August 31,
2007; for related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF100-27-091, dated
August 31, 2007, to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; e-mail
<EMAIL_ADDRESS>Internet http://
www.myfokkerfleet.com.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25755 Filed 11-19-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Proposed Rules]
[Pages 16490-16492]
[FR Doc No: 2012-6769]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0293; Directorate Identifier 2012-NM-034-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705)
airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes.
This proposed AD was prompted by reports of a bleed air leak from the
high pressure ducts which was not immediately detected by the bleed
leak detection system. This proposed AD would require installing new
sensing elements in the main landing gear wheel well and the overwing
area, protective blankets on the upper surface of the wing box and fuel
tubes, and protective shields on the rudder quadrant support-beam in
the aft equipment compartment. We are proposing this AD to prevent an
undetected bleed air leak which can cause loss of rudder control, can
lead to degradation of structural integrity, and could be a potential
heat source that can lead to fuel being ignited.

DATES: We must receive comments on this proposed AD by May 7, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0293;
Directorate Identifier 2012-NM-034-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-06, dated January 26, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    There have been multiple events reported where a bleed air leak
from the high pressure ducts was not immediately detected by the
Bleed Leak Detection System (BLDS).
    An investigation revealed that if a bleed air leak develops due
to a cracked or ruptured duct, the duct shroud may not channel
sufficient bleed air to the sensing loop elements to enable an
automatic shutdown of the bleed air system. The inability to detect
a bleed air leak could result in the rudder quadrant bracket,
pressure floor, pressure floor beam, fuel vent boot or fuel tubes
being exposed to high temperatures. This could potentially lead to
the loss of rudder control, degrade the structural integrity of
primary structure or fuel ignition.
    This [Canadian] Airworthiness Directive (AD) mandates the
installation of newly designed sensing elements in the main landing
gear wheel well and the overwing area, protective blankets on the
upper surface of the wing box and fuel tubes, as well as

protective shields on the rudder quadrant support-beam in the aft
equipment compartment.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier, Inc. has issued the service bulletins below.
     Bombardier Service Bulletin 670BA-36-014, Revision A,
dated October 11, 2011.
     Bombardier Service Bulletin 670BA-36-016, Revision A,
dated October 11, 2011.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 409 products of U.S. registry. We also estimate that
it would take about 78 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $21,353 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $11,445,047, or $27,983 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0293; Directorate Identifier
2012-NM-034-AD.

(a) Comments Due Date

    We must receive comments by May 7, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, serial numbers 10003 through 10331 inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705)
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers
15001 through 15279 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 36: Pneumatic.

(e) Reason

    This AD was prompted by reports of a bleed air leak from the
high pressure ducts which was not immediately detected by the bleed
leak detection system. We are issuing this AD to prevent an
undetected bleed air leak which can cause loss of rudder control,
can lead to degradation of structural integrity, and could be a
potential heat source that can lead to fuel being ignited.

(f) Compliance

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

(g) Install Protective Shields

    For Model CL-600-2C10 airplanes having serial numbers 10003
through 10326 inclusive, and Model CL-600-2D15 and CL-600-2D24
airplanes having serial numbers 15001 through 15267 inclusive:
Within 6,600 flight hours or 24 months after the effective date of
this AD, whichever occurs first, install protective shields on the
rudder quadrant support-beam in the aft equipment compartment, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-36-014, Revision A, dated October 11, 2011.

(h) Install Protective Blankets and Sensing Elements

    For Model CL-600-2C10 airplanes having serial numbers 10003
through 10331 inclusive and Models CL-600-2D15 and CL-600-2D24
airplanes having serial numbers 15001 through 15279 inclusive:
Within 6,600 flight hours or 24 months after the effective date of
this AD, whichever occurs first, install protective blankets on the
upper surface of the wing box and fuel components, and install new
sensing elements in the wheel well of the main landing gear and the
overwing area, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-36-016, Revision A, dated October
11, 2011.

(i) Credit for Previous Actions

    This paragraph provides credit for installations, as required by
paragraphs (g)

and (h) of this AD, if those actions were done before the effective
date of this AD using Bombardier Service Bulletin 670BA-36-014 or
670BA-36-016, both dated April 7, 2011.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, ANE-170, 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 local Flight Standards
District Office, as appropriate. If sending information directly to
the ACO, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2012-06, dated
January 26, 2012; and the service bulletins specified in paragraphs
(k)(1) and (k)(2) of this AD; for related information.
    (1) Bombardier Service Bulletin 670BA-36-014, Revision A, dated
October 11, 2011.
    (2) Bombardier Service Bulletin 670BA-36-016, Revision A, dated
October 11, 2011.

    Issued in Renton, Washington, on March 12, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6769 Filed 3-20-12; 8:45 am]
BILLING CODE 4910-13-P