[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58709-58713]
[FR Doc No: 2017-26619]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0473; Product Identifier 2016-NM-195-AD; Amendment
39-19124; AD 2017-25-10]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by a report indicating that wear of the
bearing plate slider bushings could cause disconnection of certain
elevator hinges, which could excite the horizontal stabilizer under
certain in-flight speed/altitude conditions and lead to degradation of
the structure. This AD requires repetitive inspections and checks of
certain elevator hinges and related components, repetitive replacements
and tests of the bearing plate, and related investigative and
corrective actions, if necessary. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective January 18, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 18,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0473.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0473; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Garrido, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on May 18, 2017 (82 FR 22763).
The NPRM was prompted by a report indicating that analysis following a
special certification review of the horizontal stabilizer determined
that wear of the bearing plate slider bushings could cause
disconnection of elevator hinge number 4 or number 6. This
disconnection could excite the horizontal stabilizer under certain in-
flight speed/altitude conditions and lead to degradation of the
structure due to tab flutter, hinge wear, spar chord corrosion, hinge
rib web chafing, hinge rib chord cracking, and inspar lower skin
cracking. The NPRM proposed to require repetitive inspections and
checks of elevator hinge numbers 4 and 6 and related components,
repetitive replacements and tests of the bearing plate, and related
investigative and corrective actions if necessary.
    We are issuing this AD to detect and correct wear of the bearing
plate slider bushings, which could result in heavy airplane vibration
and damage and could lead to departure of the elevator and/or
horizontal stabilizer from the airplane, and loss of continued safe
flight and landing.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    Air Line Pilots Association, International (ALPA) concurred with
the content of the NPRM.

Request To Change Paragraph (g) of This AD

    Boeing stated that no inspections are specified in Boeing Alert
Service Bulletin 737-55A1099, Revision 1, dated October 21, 2016, for
Group 1 airplanes and requested that the reference to Boeing Alert
Service Bulletin 737-55A1099, Revision 1, dated October 21, 2016, be
removed from paragraph (g) of this AD.
    The European Aviation Safety Agency (EASA) observed that in
paragraph (g) of the proposed AD, the reference to Boeing Alert Service
Bulletin 737-55A1099, Revision 1, dated October 21, 2016, for Group 1
airplanes, is not consistent with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-55A1099, Revision 1, dated October
21, 2016, which states only that Group 1 airplanes have exceeded their
limit of validity (LOV) and gives no further advice.
    We agree with the commenters. We have removed the reference to
Boeing Alert Service Bulletin 737-55A1099, Revision 1, dated October
21, 2016, from the compliance requirements specified in paragraph (g)
of this AD.

Request To Extend Inspections and Checks to All Hinges

    EASA suggested that the inspections and checks in the proposed AD
be extended to all hinges because any other loose hinge could create
overloading in adjacent hinges, and therefore could contribute to the
failure of hinges 4 and 6.
    We do not agree with the commenter's assessment. We have consulted
with Boeing and confirmed the following information.
    Hinge fittings 1 and 2 support thrust loads only and do not have
the sliding bearing plates. Therefore, these fittings do not need
inspections to address the unsafe condition.
    Boeing's flutter analysis shows that failure (disconnect) at either
hinge 4 or 6 is flutter critical. However, a failed hinge 3 or 5, with
the shorter span between adjacent hinges, will have less weight
relative to stiffness, such that instability does not occur.
    The fatigue loads on the affected Model 737 airplane elevator are
not substantial. If hinge 3 or 5 becomes loose, the load increase on
hinge 4 or 6 is insignificant. If hinge 3 or 5 fails, the inspection
and replacement program in Boeing Alert Service Bulletin 737-55A1099,
Revision 1, dated October 21, 2016, will still detect any crack at
hinge 4 or 6 before it becomes critical. In addition, the normal
maintenance procedure of hinge lubrication per the Maintenance Planning
Document during a C check should detect a failed hinge 3 or 5.
    We have not changed this AD in this regard.

Request for Clarification of Group 2, Configuration 1 Instructions

    EASA requested clarification of the reason that paragraph (i) of
the proposed AD includes no repeat instruction for Group 2,
Configuration 1 airplanes, regarding bearing plate replacement.
    Group 2, Configuration 1 airplanes are not included in paragraph
(i) of this AD, which contains requirements for repetitive bearing
plate replacements and tests, because these airplanes do not have the
bearing plates. We have not changed this AD regarding this issue.

Request for Confirmation of Sufficient Access

    EASA requested confirmation that sufficient access exists to
adequately inspect and test all areas via the methods defined.
    Boeing has confirmed that sufficient access exists. Additionally,
Boeing has released 737-55A1099 Information Notice 01, dated May 23,
2017, to notify operators that hinge 4 inspections cannot be
accomplished if existing repairs are installed in accordance with
Boeing Special Attention Service Bulletin 737-55-1059, Revision 1,
dated April 6, 2016. In that case, alternative inspection procedures
must be approved in accordance with the procedures specified in
paragraph (m) of this AD.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental
Type Certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) and added paragraph (c)(2) to this
AD to state that installation of STC ST01219SE does not affect the
ability to accomplish the actions required by this AD. Therefore, for
airplanes on which STC ST01219SE is installed, a ``change in product''
alternative method of compliance (AMOC) approval request is not
necessary to comply with the requirements of 14 CFR 39.17.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-55A1099, Revision 1,
dated October 21, 2016. The service information describes procedures
for repetitive inspections and checks of elevator hinge numbers 4 and 6
and related components, repetitive replacements and tests of the
bearing plate, and related investigative and corrective actions. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 192 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per  product       operators
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Elevator hinge high frequency    15 work-hours x $85 per              $0  $1,275 per          $244,800 per
 eddy current (HFEC)              hour = $1,275 per                        inspection/check    inspection/check
 inspection, loose bolt check.    inspection/check cycle.                  cycle.              cycle.
Horizontal stabilizer HFEC and   13 work-hours x $85 per               0  $1,105 per          $212,160 per
 low frequency eddy current       hour = $1,105 per                        inspection/check    inspection/check
 (LFEC) inspection, loose bolt    inspection/check cycle.                  cycle.              cycle.
 check.
Horizontal stabilizer detailed   5 work-hours x $85 per                0  $425 per            $81,600 per
 corrosion inspection.            hour = $425 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
Elevator general visual          Up to 4 work-hours x                  0  Up to $340 per      Up to $65,280 per
 inspection for ply damage.       $85 per hour = $340                      inspection cycle.   inspection cycle.
                                  per inspection cycle.
Elevator skin tap test           Up to 6 work-hours x                  0  Up to $510 per      Up to $97,920 per
 inspection for delamination.     $85 per hour = $510                      inspection cycle.   inspection cycle.
                                  per inspection cycle.
Elevator hinge bearing plate     Up to 20 work-hours x             4,860  Up to $6,560 per    Up to $1,259,520
 replacement and binding test.    $85 per hour = $1,700                    replacement/test    per replacement/
                                  per replacement/test                     cycle.              test cycle.
                                  cycle.
Elevator hinge fitting HFEC      Up to 5 work-hours x                  0  Up to $425 per      Up to $81,600 per
 inspection.                      $85 per hour = $425                      inspection cycle.   inspection cycle.
                                  per inspection cycle.
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    We estimate the following costs to do any necessary related
investigative and corrective actions that would be required based on
the results of the inspection. We have no way of determining the number
of aircraft that might need these actions:

                                               On-Condition Costs
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                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Elevator hinge conditional inspections,         28 work-hours x $85 per hour =              1 $0          $2,380
 measurements, replacements, and repairs.        $2,380.
Horizontal stabilizer conditional inspections,  28 work-hours x $85 per hour =              1 $0           2,380
 replacements, and repairs.                      $2,380.
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1 We have received no definitive data that would enable us to provide cost estimates for the parts for on-
  condition repairs.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-25-10 The Boeing Company: Amendment 39-19124; Docket No. FAA-
2017-0473; Product Identifier 2016-NM-195-AD.

(a) Effective Date

    This AD is effective January 18, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by a report indicating that wear of the
bearing plate slider bushings could cause disconnection of elevator
hinge number 4 or number 6, which could excite the horizontal
stabilizer under certain in-flight speed/altitude conditions and
lead to degradation of the structure, departure of the elevator or
horizontal stabilizer from the airplane, and loss of continued safe
flight and landing.

(f) Compliance

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

(g) Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-55A1099, Revision 1, dated October 21, 2016: Within 120
days after the effective date of this AD, do inspections and checks
of the elevator and horizontal stabilizer at elevator hinge numbers
4 and 6 and the replacement and test of the bearing plate at
elevator hinge numbers 4 and 6, and do all applicable related
investigative and corrective actions, using a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.

(h) Inspections and Checks for Groups 2 and 3 Airplanes

    For airplanes identified as Groups 2 and 3 in Boeing Alert
Service Bulletin 737-55A1099, Revision 1, dated October 21, 2016:
Except as required by paragraph (j)(1) of this AD, at the applicable
time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-55A1099, Revision 1, dated October 21, 2016, do
the applicable inspections and checks of elevator hinge numbers 4
and 6 and related components specified in paragraphs (h)(1) through
(h)(8) of this AD, and do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-55A1099, Revision
1, dated October 21, 2016, except as required by paragraph (j)(2) of
this AD. Do all applicable related investigative and corrective
actions before further flight. Repeat the actions specified in
paragraphs (h)(1) through (h)(8) of this AD thereafter at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-55A1099, Revision 1, dated October
21, 2016.
    (1) For Groups 2 and 3 airplanes: A high frequency eddy current
(HFEC) inspection for cracking of the elevator hinge numbers 4 and
6.
    (2) For Groups 2 and 3 airplanes: A loose bolt check at elevator
hinge numbers 4 and 6.
    (3) For Groups 2 and 3 airplanes: An HFEC inspection and low
frequency eddy current (LFEC) inspection for cracking of the
horizontal stabilizer forward of elevator hinge numbers 4 and 6.
    (4) For Groups 2 and 3 airplanes: A loose bolt check of
horizontal stabilizer attach plates at elevator hinge numbers 4 and
6.
    (5) For Groups 2 and 3 airplanes: A detailed inspection of the
horizontal stabilizer rear spar outer mold line, gusset plate, and
inspar skin for any corrosion.
    (6) For Group 2, Configuration 2, and Group 3 airplanes: A
general visual inspection of the elevator front spar around hinge
numbers 4 and 6 for any ply damage.
    (7) For Group 2 and 3 airplanes: A tap test inspection of the
elevator skin for any delamination at elevator hinge numbers 4 and
6.
    (8) For Group 2, Configuration 2, and Group 3 airplanes on which
elevator hinge fitting assembly 65C31307-( ) is installed at
elevator hinge number 6: An HFEC inspection of the hinge fitting for
any crack.

(i) Repetitive Bearing Plate Replacement and Test

    For airplanes identified as Group 2, Configuration 2, and Group
3 in Boeing Alert Service Bulletin 737-55A1099, Revision 1, dated
October 21, 2016: Except as required by paragraph (j)(1) of this AD,
at the applicable time specified in paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 737-55A1099, Revision 1, dated
October 21, 2016, do the actions specified in paragraphs (i)(1) and
(i)(2) of this AD, and do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-55A1099, Revision
1, dated October 21, 2016, except as required by paragraph (j)(2) of
this AD. All applicable related investigative and corrective actions
must be done before further flight. Repeat the actions specified in
paragraphs (i)(1) and (i)(2) of this AD thereafter at the applicable
time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-55A1099, Revision 1, dated October 21, 2016.
    (1) Replace the bearing plates at elevator hinge numbers 4 and
6.
    (2) Do an elevator hinge bearing plate binding test at elevator
hinge numbers 4 and 6.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-55A1099, Revision 1,
dated October 21, 2016, specifies a compliance time ``after the
original issue date of this Service Bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Although Boeing Alert Service Bulletin 737-55A1099, Revision
1, dated October 21, 2016, specifies to contact Boeing for repair
instructions, and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair before further flight using a
method approved in accordance with the procedures specified in
paragraph (m) of this AD.

(k) Parts Installation Limitation

    As of the effective date of this AD: A horizontal stabilizer, an
elevator, or a bearing plate may be installed on any airplane,
provided the actions required by paragraphs (h) and (i) of this AD
are done within the applicable compliance times specified in
paragraphs (h) and (i) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin 737-55A1099, dated July 5, 2016.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (n) of this AD. Information may
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) Except as required by paragraph (j)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (m)(4)(i) and
(m)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any

deviations to RC steps, including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(n) Related Information

    For more information about this AD, contact George Garrido,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5357; fax:<PHONE_NUMBER>; email: [email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 737-55A1099, Revision 1, dated
October 21, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 4, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-26619 Filed 12-13-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 16 (Friday, January 24, 2020)]
[Rules and Regulations]
[Pages 4233-4236]
[FR Doc No: 2020-00549]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0568; FRL-10003-85-Region 10]

Air Plan Approval; Washington; Update to the Adoption by
Reference, Energy Facility Site Evaluation Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is revising the
Washington State Implementation Plan (SIP) to approve updates to the
Energy Facility Site Evaluation Council (EFSEC) air quality
regulations. The EFSEC regulations apply to major energy facilities in
the State of Washington and establish permitting requirements and
emissions standards for such facilities. The EFSEC regulations
primarily adopt by reference the Washington Department of Ecology
(Ecology) general air quality regulations for program implementation.
We are approving EFSEC's updated adoption by reference to include
certain changes to Ecology's general air quality regulations since
EFSEC's last adoption by reference, consistent with prior approvals.

DATES: This final rule is effective February 24, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2019-0568. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.

I. Background

    By statute, EFSEC has jurisdiction for managing the air program
with respect to major energy facilities in the State of Washington. See
Chapter 80.50 of the Revised Code of Washington (RCW). The EFSEC air
quality regulations are contained in Chapter 463-78 Washington
Administrative Code (WAC) General and Operating Permit Regulations for
Air Pollution Sources. These EFSEC regulations rely primarily on the
adoption by reference of the corresponding Ecology general air quality
regulations contained in Chapter 173-400 WAC General Regulations for
Air Pollution Sources. Many of the provisions of Chapter 173-400 WAC
adopted by reference remain unchanged since the EPA's last approval of
EFSEC's regulations and were not resubmitted as part of Washington's
September 30, 2019, SIP revision. Other revised Chapter 173-400 WAC
provisions were not submitted for approval as part of this current SIP
revision, including certain subsections of WAC 173-400-030 and 173-400-
040. Specifically, subsections WAC 173-400-030(30) [subsequently
renumbered to (32)], WAC 173-400-030(36) [subsequently renumbered to
(38)], and WAC 173-400-040(2) were not submitted by Ecology and EFSEC
as part of this action. For those sections, the versions previously
approved by the EPA in the Federal Register at 82 FR 24533 (May 30,
2017) remain in the SIP.
    On October 29, 2019, we proposed approving EFSEC's updated adoption
by reference to include certain changes to Ecology's general air
quality regulations since EFSEC's last adoption by reference (84 FR
57836). The reasons for our proposed approval were stated in the
proposed rule and will not be re-stated here. The public comment period
for our proposed action ended on November 29, 2019. We received no
adverse comments.

II. Final Action

    The EPA is approving and incorporating by reference into the
Washington SIP the submitted changes to WAC 463-78-005, Adoption by
Reference, State effective August 26, 2019, and the corresponding
submitted updates to EFSEC's adoption by reference of the following
sections of Chapter 173-400 WAC:
     173-400-111, 173-400-116, 173-400-710, 173-400-720, 173-
400-730, 173-400-810, 173-400-830, 173-400-840, 173-400-850, State
effective July 01, 2016;
     173-400-025, 173-400-030, 173-400-040, 173-400-050, 173-
400-171, 173-400-740, State effective September 16, 2018; and
     173-400-060 and 173-400-105, State effective November 25,
2018.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation by reference as described in
the amendments set forth to 40 CFR part 52 below. The EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not address technical standards; 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).
    The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted in this preamble and is also
not approved to apply in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000). Washington's SIP is approved to apply on non-trust land within
the exterior boundaries of the Puyallup Indian Reservation, also known
as the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA
provided a consultation opportunity to the Puyallup Tribe in a letter
dated May 16, 2019.
    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 March 24, 2020. 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: December 13, 2019.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

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 WW--Washington

0
2. Amend Sec.  52.2470(c), Table 3, by:
0
a. Revising the entry ``78-005''; and
0
 b. Under the heading ``Washington Administrative Code, Chapter 173-400
Regulations Incorporated by Reference in WAC 463-78-005'':
0
i. Adding the entry ``173-400-025'' in numerical order;
0
ii. Revising the entry ``173-400-030'';
0
iii. Adding the entry ``173-400-030(30)&(36)'' in numerical order;
0
iv. Revising the entry ``173-400-040'';
0
v. Adding the entry ``173-400-040(2)'' in numerical order; and
0
vi. Revising the entries ``173-400-050'', ``173-400-060'', ``173-400-
105'', ``173-400-111'', ``173-400-116'', ``173-400-171'', ``173-400-
710'', ``173-400-720'', ``173-400-730'', ``173-400-740'', ``173-400-
810'', ``173-400-830'', ``173-400-840'', and ``173-400-850''.
    The revisions and additions read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

 Table 3--Additional Regulations Approved for the Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction
              [See the SIP-approved provisions of WAC 463-78-020 for jurisdictional applicability]
----------------------------------------------------------------------------------------------------------------
                                                              State
           State citation                Title/subject      effective    EPA approval date       Explanations
                                                              date
----------------------------------------------------------------------------------------------------------------
   Washington Administrative Code, Chapter 463-78--General and Operating Permit Regulations for Air Pollution
                                                     Sources
----------------------------------------------------------------------------------------------------------------
78-005.............................  Adoption by              8/26/19  1/20/2020, [Insert    Subsection (1)
                                      Reference.                        Federal Register      only. See below
                                                                        citation].            for the updated
                                                                                Chapter 173-400--
                                                                                WAC provisions
                                                                                adopted by
                                                                                reference and
                                                                                submitted to the
                                                                                EPA for approval.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Washington Administrative Code, Chapter 173-400--Regulations Incorporated by Reference in WAC 463-78-005
----------------------------------------------------------------------------------------------------------------
173-400-025........................  Adoption of Federal      9/16/18  1/20/2020, [Insert    ...................
                                      Rules.                            Federal Register
                                                                        citation].
173-400-030........................  Definitions.........     9/16/18  1/20/2020, [Insert    Except: 173-400-
                                                                        Federal Register      030(6); 173-400-
                                                                        citation].            030(32); 173-400-
                                                                                030(38); 173-400-
                                                                                030(45); 173-400-
                                                                                030(83); 173-400-
                                                                                030(89); 173-400-
                                                                                030(96); 173-400-
                                                                                030(97); 173-400-
                                                                                030(100); 173-400-
                                                                                030(103); 173-400-
                                                                                030(104).
173-400-030(30) & (36).............  Definitions.........    12/29/12  5/30/17, 82 FR 24533

                                                  * * * * * * *
173-400-040........................  General Standards        9/16/18  1/20/2020, [Insert    Except: 173-400-
                                      for Maximum                       Federal Register      040(2); 173-400-
                                      Emissions.                        citation].            040(3); 173-400-
                                                                                040(5).
173-400-040(2).....................  General Standards         4/1/11  5/30/17, 82 FR 24533  Except: 173-400-
                                      for Maximum                                             040(2)(c); 173-400-
                                      Emissions.                                              040(2)(d).
173-400-050........................  Emission Standards       9/16/18  1/20/2020, [Insert    Except: 173-400-
                                      for Combustion and                Federal Register      050(2); 173-400-
                                      Incineration Units.               citation].            050(4); 173-400-
                                                                                050(5); 173-400-
                                                                                050(6).
173-400-060........................  Emission Standards      11/25/18  1/20/2020, [Insert    ...................
                                      for General Process               Federal Register
                                      Units.                            citation].

                                                  * * * * * * *
173-400-105........................  Records, Monitoring,    11/25/18  1/24/2020, [Insert    ...................
                                      and Reporting.                    Federal Register
                                                                        citation].

                                                  * * * * * * *
173-400-111........................  Processing Notice of    07/01/16  1/20/2020, [Insert    Except: 173-400-
                                      Construction                      Federal Register      111(3)(h); The
                                      Applications for                  citation].            part of 173-400-
                                      Sources, Stationary                                     111(8)(a)(v) that
                                      Sources and                                             says,
                                      Portable Sources.                                       ``and 173-
                                                                                460-040,'';
                                                                                173-400-111(9).

                                                  * * * * * * *
173-400-116........................  Increment Protection    07/01/16  1/20/2020, [Insert    ...................
                                                                        Federal Register
                                                                        citation].

                                                  * * * * * * *
173-400-171........................  Public Notice and        9/16/18  1/20/2020, [Insert    Except: The part of
                                      Opportunity for                   Federal Register      173-400-171(3)(b)
                                      Public Comment.                   citation].            that says,
                                                                                ``or any
                                                                                increase in
                                                                                emissions of a
                                                                                toxic air
                                                                                pollutant above
                                                                                the acceptable
                                                                                source impact
                                                                                level for that
                                                                                toxic air
                                                                                pollutant as
                                                                                regulated under
                                                                                chapter 173-460
                                                                                WAC'';
                                                                                173-400-171(3)(o);
                                                                                173-400-171(12).

                                                  * * * * * * *
173-400-710........................  Definitions.........    07/01/16  1/24/2020, [Insert    ...................
                                                                        Federal Register
                                                                        citation].
173-400-720........................  Prevention of           07/01/16  1/24/2020, [Insert    Except: 173-400-
                                      Significant                       Federal Register      720(4)(a)(i
                                      Deterioration (PSD).              citation].            through iv) and
                                                                                173-400-720(4)(b)(
                                                                                iii)(C).
173-400-730........................  Prevention of           07/01/16  1/24/2020, [Insert    ...................
                                      Significant                       Federal Register
                                      Deterioration                     citation].
                                      Application
                                      Processing
                                      Procedures.
173-400-740........................  PSD Permitting           9/16/18  1/24/2020, [Insert    ...................
                                      Public Involvement                Federal Register
                                      Requirements.                     citation].

                                                  * * * * * * *
173-400-810........................  Major Stationary        07/01/16  1/24/2020, [Insert    ...................
                                      Source and Major                  Federal Register
                                      Modification                      citation].
                                      Definitions.

                                                  * * * * * * *
173-400-830........................  Permitting              07/01/16  1/24/2020, [Insert    ...................
                                      Requirements.                     Federal Register
                                                                        citation].
173-400-840........................  Emission Offset         07/01/16  1/24/2020, [Insert    ...................
                                      Requirements.                     Federal Register
                                                                        citation].
173-400-850........................  Actual Emissions        07/01/16  1/24/2020, [Insert    ...................
                                      Plantwide                         Federal Register
                                      Applicability                     citation].
                                      Limitation (PAL).

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

* * * * *
[FR Doc. 2020-00549 Filed 1-23-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31190-31191]
[FR Doc No: 2020-11033]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1064]

Agency Information Collection Activities; Proposed Collection;
Comment Request; State Petitions for Exemption From Preemption

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection provisions of
our reporting requirements contained in existing FDA regulations
governing state petitions for exemption from preemption.

DATES: Submit either electronic or written comments on the collection
of information by July 21, 2020.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before July 21, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of July 21, 2020. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-1064 for ``Agency Information

Collection Activities; Proposed Collection; Comment Request; State
Petitions for Exemption from Preemption.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

State Petitions for Exemption From Preemption--21 CFR 100.1(d)

OMB Control Number 0910-0277--Extension

    Under section 403A(b) of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 343-1(b)), States may petition FDA for exemption
from Federal preemption of State food labeling and standard-of-identity
requirements. Section 100.1(d) (21 CFR 100.1(d)) sets forth the
information a State is required to submit in such a petition. The
information required under Sec.  100.1(d) enables FDA to determine
whether the State food labeling or standard-of-identity requirement
satisfies the criteria of section 403A(b) of the FD&C Act for granting
exemption from Federal preemption.
    Description of Respondents: The respondents to this collection of
information are state and local governments who regulate food labeling
and standards of identity.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR section                               Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
100.1(d)...........................................................               1                1                1               40               40
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The reporting burden for Sec.  100.1(d) is minimal because
petitions for exemption from preemption are seldom submitted by States.
In the last 3 years, we have received one new petition for exemption
from preemption; therefore, we estimate that one or fewer petitions
will be submitted annually.
    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: May 4, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-11033 Filed 5-21-20; 8:45 am]
 BILLING CODE 4164-01-P