[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8850-8851]
[FR Doc No: 2022-03366]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0008]

Cellular, Tissue and Gene Therapies Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Cellular, Tissue, and Gene
Therapies Advisory Committee. The general function of the committee is
to provide advice and recommendations to the Agency on FDA's regulatory
issues. At least one portion of the meeting will be closed to the
public.

DATES: The meeting will be held virtually on March 10, 2022, from 10
a.m. to 1:30 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings may be accessed
at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm. The online web conference meeting will be available at
the following link on the day of the meeting: https://youtu.be/silb2C_Ro8I.

FOR FURTHER INFORMATION CONTACT: Christina Vert or Tonica Burke, Center
for Biologics Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 1244, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>, [email protected], or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before joining
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On March 10,

2022, for Topic I, the committee will meet in open session to hear an
overview of the research programs in the Gene Transfer and
Immunogencity Branch, Division of Cellular and Gene Therapies, Office
of Tissues and Advanced Therapies, Center for Biologics Research. After
the Topic I open session, the meeting will be closed to the public for
committee deliberations.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: On March 10, 2022, from 10 a.m. to 12:40 p.m. Eastern
Time, the meeting is open to the public for Topic I. Interested persons
may present data, information, or views, orally or in writing, on
issues pending before the committee. Written submissions may be made to
the contact person on or before March 3, 2022. Oral presentations from
the public will be scheduled between approximately 11:40 a.m. and 12:40
p.m. Eastern Time. Those individuals interested in making formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before February 23, 2022. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by February
24, 2022.
    Closed Committee Deliberations: On March 10, 2022, from 12:40 p.m.
to 1:30 p.m. Eastern Time for Topic I, the meeting will be closed to
permit discussion where disclosure would constitute a clearly
unwarranted invasion of personal privacy (5 U.S.C. 552b(c)(6)). The
recommendations of the advisory committee regarding the progress of the
individual investigators' research programs, along with other
information, will be discussed during this session. We believe that
public discussion of these recommendations on individual scientists
would constitute an unwarranted invasion of personal privacy.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Christina Vert at [email protected] (see FOR FURTHER
INFORMATION CONTACT) at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 10, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-03366 Filed 2-15-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Page 38776]
[FR Doc No: 2021-15546]

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SECURITIES AND EXCHANGE COMMISSION

Investment Company Act Release No. 34334; 812-15244; MVP Private
Markets Fund, et al.

 July 16, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act and for an order pursuant to
section 17(d) of the Act and rule 17d-1 under the Act.
    Summary of Application: Applicants request an order to permit
certain registered closed end investment companies to issue multiple
classes of shares of beneficial interest with varying sales loads and
to impose asset-based distribution and/or service fees.
    Applicants: MVP Private Markets Fund (``Initial Fund''), and
Portfolio Advisors, LLC (``Adviser'').
    Filing Dates: The application was filed on June 30, 2021.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at<EMAIL_ADDRESS>and serving the
relevant applicant with a copy of the request by email, if an email
address is listed for the relevant applicant below, or personally or by
mail, if a physical address is listed for the relevant applicant below.
    Hearing requests should be received by the Commission by 5:30 p.m.
on August 10, 2021, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Lisa Reid Ragen, Branch Chief, at
(202) 551-6825 (Division of Investment Management, Chief Counsel's
Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and condition, please refer to Applicants' application, dated
June 30, 2021, which may be obtained via the Commission's website by
searching for the file number, using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15546 Filed 7-21-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1484-1485]
[FR Doc No: 2012-214]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2011-0424; FRL 9510-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; State Water Quality Program
Management Resource Analysis (New)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request for a new
collection. The ICR, which is abstracted below, describes the nature of
the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before February 9,
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2011-0424, to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Water Docket, Mail Code:
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kit Farber, Planning, Information, and
Resource Management Staff, Office of Wastewater Management, Mail Code
4201M, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone

number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 27, 2011 (76 FR 44904), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2011-0424, which is available for online viewing at
www.regulations.gov, or in person viewing at the Water Docket in the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at www.regulations.gov as EPA receives
them and without change, unless the comment contains copyrighted
material, confidential business information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to www.regulations.gov.
    Title: State Water Quality Program Management Resource Analysis
(New).
    ICR Numbers: EPA ICR No. 2433.01, OMB Control No. 2040--NEW.
    ICR Status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: EPA, in partnership with states, is conducting the State
Water Quality Program Management Resource Analysis to enumerate current
and future expenditures and resources for the administration and
management of state water quality programs, and to quantify the
resource needs for the administration and management of state water
quality programs to implement the Clean Water Act (CWA). This effort
builds on an expenditure and resource needs data collection effort
conducted by EPA in collaboration with the states in 1998 and 2000.
    EPA requires this information to comprehend resource expenditures
and needs for the administration and management of the water quality
programs under 33 U.S.C. 125 et seq. This effort, supported by EPA and
the states, is necessary to develop strategies for better managing
state water quality programs that implement the CWA, thus ensuring the
long-term sustainability, efficiency, and effectiveness of these
programs. This effort also helps states and EPA to effectively target
resources to meet EPA's FY 2011-2015 strategic goals of protecting the
nation's waters and enforcing environmental laws.
    The data collection will facilitate creation of a detailed
activity-based workload model to serve as a long-term budgeting,
program management, and progress tracking tool for the states and EPA
to use in the future. This is a one-time collection effort by the
Office of Wastewater Management and responses to this ICR are
voluntary.
    This information will be collected by EPA and made available to the
states and to the public in accordance with the requirements of the
Freedom of Information Act.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 63
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: State water quality agencies.
    Estimated Number of Respondents: 20.
    Frequency of Response: Once, Annually.
    Estimated Total Annual Hour Burden: 1,252.
    Estimated Total Annual Cost: $49,740, which includes annual labor
costs only, since no capital or operation and maintenance costs are
associated with this ICR.
    Changes in the Estimates: This is a new collection, thus there is
no currently approved ICR.

    Dated: January 4, 2012.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-214 Filed 1-9-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Proposed Rules]
[Pages 76248-76249]
[FR Doc No: 2013-29939]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0896; Notice No. 25-13-27-SC]

Special Conditions: Airbus, Model A350-900 Series Airplane; Side
Stick Controller

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Airbus Model
A350-900 series airplanes. These airplanes will have a novel or unusual
design feature associated with side stick controllers which require
limited pilot force because they are operated by only one hand. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These proposed
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: Send your comments on or before January 31, 2014.

ADDRESSES: Send comments identified by docket number FAA-2013-0896
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Todd Martin, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the proposed special conditions,
explain the reason for any recommended change, and include supporting
data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On August 25, 2008, Airbus applied for a type certificate for their
new Model A350-900 series airplane. Later, Airbus requested and the FAA
approved an extension to the application for FAA type certification to
June 28, 2009. The Model A350-900 series airplane has a conventional
layout with twin wing-mounted Rolls-Royce Trent XWB engines. It
features a twin aisle 9-abreast economy class layout, and accommodates
side-by-side placement of LD-3 containers in the cargo compartment. The
basic Model A350-900 series configuration will accommodate 315
passengers in a standard two-class arrangement. The design cruise speed
is Mach 0.85 with a Maximum Take-Off Weight of 602,000 lbs. Airbus
proposes the Model A350-900 series to be certified for extended
operations (ETOPS) beyond 180 minutes at entry into service for up to a
420-minute maximum diversion time.
    The Airbus Model A350-900 series airplane is equipped with two side
stick controllers instead of the conventional control columns and
wheels. This kind of controller is designed for only one-hand
operation. The requirement of Title 14, Code of Federal Regulations (14
CFR) 25.397(c), which defines limit pilot forces and torques for
conventional wheel or stick controls, is not adequate for a side stick
controller. Special conditions are necessary to specify the appropriate
loading conditions for this kind of controller.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, Airbus
must show that the Model A350-900 series meets the applicable
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
129.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model A350-900 series because of a
novel or unusual design feature, special conditions are prescribed
under Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and
proposed special conditions, the Model A350-900 series must comply with
the fuel vent and exhaust emission requirements of 14 CFR part 34 and
the noise certification requirements of 14 CFR

part 36 and the FAA must issue a finding of regulatory adequacy under
Sec.  611 of Public Law 92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type-certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Airbus Model A350-900 series airplane will incorporate the
following novel or unusual design feature: a side stick controller for
only one-hand operation by wrist and not by arms.

Discussion

    Special conditions for Airbus side stick controllers have been
developed and applied during previous Airbus certification programs.
These proposed special conditions are also appropriate for the Model
A350-900 series side stick controller.

Applicability

    As discussed above, these proposed special conditions apply to
Airbus Model A350-900 series airplanes. Should Airbus apply later for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the proposed special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the Airbus Model A350-900 series airplanes. It is not a rule of
general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these proposed special conditions is as
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions in lieu of Sec.  25.397(c), which are
identical to A320, A340, and A380 special conditions on the same
subject:
    For the Airbus Model A350-900 series airplane equipped with stick
controls designed for forces to be applied by one wrist and not arms,
the limit pilot forces are as follows:
    (1) For all components between and including the handle and its
control stops.

------------------------------------------------------------------------
                   Pitch                                Roll
------------------------------------------------------------------------
Nose up 200 lbf...........................  Nose left 100 lbf.
Nose down 200 lbf.........................  Nose right 100 lbf.
------------------------------------------------------------------------

    (2) For all other components of the side stick control assembly,
but excluding the internal components of the electrical sensor
assemblies, to avoid damage as a result of an in-flight jam.

------------------------------------------------------------------------
                   Pitch                                Roll
------------------------------------------------------------------------
Nose up 125 lbf...........................  Nose left 50 lbf.
Nose down 125 lbf.........................  Nose right 50 lbf.
------------------------------------------------------------------------

    Issued in Renton, Washington, on October 22, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-29939 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:            July 23, 2013

SUBJECT:	Technical Support Document for the Delaware State
Implementation Plan for the Infrastructure Requirements for the 2010
Nitrogen Dioxide National Ambient Air Quality Standards

			/s/

FROM:	Rose Quinto, Environmental Engineer

Office of Air Program Planning

TO:		File

			/s/ Brian Rehn for

THRU: 	Cristina Fernandez, Associate Director

Office of Air Program Planning

A.  INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on a
submittal made by the State of Delaware to meet the Clean Air Act (CAA)
section 110(a)(2) infrastructure requirements for the 2010 nitrogen
dioxide (NO2) national ambient air quality standards (NAAQS).

B.  BACKGROUND

On February 9, 2010 (75 FR 6474), EPA established a new 1-hour primary
NAAQS for NO2 at a level of 100 parts per billion (ppb).  This is based
on a 3-year average of the 98th percentile of the yearly distribution of
1-hour daily maximum concentrations.

Section 110(a) of the CAA requires states to submit state implementation
plans (SIPs) that provide for the implementation, maintenance, and
enforcement of new or revised NAAQS within three years following the
promulgation of such NAAQS.  Section 110(a) of the CAA imposes the
obligation upon states to make a SIP submission to EPA for a new or
revised NAAQS.  For the 2010 NO2 NAAQS, states typically have met many
of the basic program elements required in section 110(a)(2) of the CAA
through earlier SIP submissions in connection with previous NO2
standards.  Section 110(a)(2) of the CAA lists specific elements that
states must meet or continue to meet in these SIP submissions.  The
requirements include SIP infrastructure elements such as requirements
for modeling, monitoring, and emissions inventories that are designed to
assure attainment and maintenance of the NAAQS.

Two elements identified in section 110(a)(2) are not governed by the
three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to other provisions of the CAA for submission of SIP
revisions specifically applicable for attainment planning purposes.
These requirements are:  (1) Submissions required by section
110(a)(2)(C) to the extent that subsection refers to a permit program as
required in part D, Title I of the CAA; and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA.  This proposed rulemaking
does not address infrastructure elements related to section 110(a)(2)(I)
or the nonattainment planning requirements of 110(a)(2)(C).

C.  EPA REQUIREMENTS

As discussed above, for the 2010 NO2 NAAQS, states must provide SIP
submissions, or provide certification that the existing SIP contains
provisions addressing relevant infrastructure SIP elements from sections
110(a)(2)(A) through (M) of the CAA.

D.  STATE’S SUBMITTAL

On March 27, 2013, Delaware provided a submittal to satisfy the
requirements of section 110(a)(2) of the CAA for the 2010 NO2 NAAQS.
This submittal addressed the following infrastructure elements that EPA
is proposing to approve:  Section 110(a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof.

E.  EVALUATION OF STATE SUBMITTAL

1.  Section 110(a)(2)(A)

EPA has determined that Delaware has established laws and regulations
applicable to the 2010 NO2 NAAQS that include enforceable emissions
limitations and other control measures, means or techniques, as well as
schedules and timetables for compliance to meet the applicable
requirements of the CAA.  The following enforceable emission limitations
and schedules are contained in Delaware’s approved SIP:  7 DE Admin.
Codes 1101, 1112 (Control of Nitrogen Oxide Emissions), 1127, 1142,
1144, 1146, and 1148.  These regulations are identified as part of the
Delaware SIP at 40 CFR 52.420(c).

At present, statutory authority is set out in Title 7 “Conservation”
of the Delaware Code, Chapter 60—Delaware’s comprehensive water and
air resources conservation law.  Legislative authority giving the
Secretary of the Delaware Department of Natural Resources and
Environmental Control (DNREC) the authority to promulgate regulations is
codified at 7 Del. C., Chapter 60.  This authority is applicable to the
2010 NO2 NAAQS.

In this action, EPA is not proposing to approve or disapprove any
existing State provisions with regard to excess emissions during
startup, shutdown or malfunction of operations at a facility.  Also, EPA
is not proposing to approve or disapprove any existing State rules with
regard to director’s discretion or variance provisions.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(A).

2.  Section 110(a)(2)(B)

7 DE Admin. Code 1103 - “Ambient Air Quality Standards” provides for
the establishment and operation of procedures necessary to monitor,
compile, and analyze data related to ambient air quality.  This
regulation is included in Delaware’s approved SIP listed in 40 CFR
52.420(c) which also applies to the 2010 NO2 NAAQS.

Delaware has established and currently operates appropriate devices,
methods, systems, and procedures necessary to monitor, compile, and
analyze data on ambient air quality, and upon request, makes such data
available to the Administrator.

Delaware maintains and operates a multi-station network of ambient
monitors throughout the State to measure ambient air quality levels
within Delaware for comparison to each NAAQS as required by 40 CFR part
58.  Delaware currently measures and reports NO2 concentrations from its
monitoring site located in Wilmington near Martin Luther King Boulevard.

All data is measured using EPA approved methods as either Reference or
Equivalent monitors.  All monitors are subjected to the quality
assurance requirements of 40 CFR part 58, Appendix A, and all samplers
are located at sites that have met the minimum siting requirements of 40
CFR part 58, Appendix E.  The data is submitted to EPA’s Air Quality
System (AQS) in a timely manner in accordance with the scheduled
prescribed by EPA in 40 CFR part 58.

In order to keep EPA informed of changes to the sampling network, DNREC
provides EPA Region III with prior notification of any planned changes
to the network.  As needed, details of these changes and anticipated
approvals of the changes are communicated to EPA.  On an annual basis,
Delaware sends EPA a monitoring network plan as required by 40 CFR part
58, section 10 (Annual Monitoring Network Plan and Periodic Network
Assessment).  EPA approved Delaware’s 2012 Annual Air Quality
Monitoring Network Design Plan on February 21, 2013.  This plan contains
all required information including site and monitor description,
analysis methods, operating schedule, monitoring objectives and scale of
representativeness, as well as information on any planned changes.
DNREC submits data to the AQS system, in a timely manner, pursuant to
the schedule prescribed by the EPA in 40 CFR part 58.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(B).

3.  Section 110(a)(2)(C)

Delaware has established and currently operates a program to provide for
the enforcement of the enforceable emission limitations and other
control measures, means, or techniques, as well as schedules and time
tables for the compliance, as may be necessary or appropriate, to meet
the applicable requirements of the CAA and to regulate modification and
construction of any stationary source within areas covered by its SIP as
necessary to assure the NAAQS are achieved. Aspects of Delaware’s
program for enforcement are found in those SIP-approved provisions of 7
DE Admin. Codes 1102 and 1125.

At present, Delaware as part of its Division of Air Quality function
exercises its programmatic authority to utilize the enforcement powers
set out in 7 Del. C. section 6005 entitled, “Enforcement; civil and
administrative penalties; expenses,” 7 Del. C., section 6013 entitled
“Criminal penalties,” and 7 Del. C. section 6018 entitled “Cease
and desist order.”

Delaware implements its Construction and Operation Permit Program
requirements under 7 DE Admin. Codes 1102 and 1125.  These existing
permitting programs which are part of the federally-approved SIP ensure
that the construction and modification of both major and minor
stationary sources do not cause or contribute to a violation of the NO2
NAAQS.

SIP approved 7 DE Admin. Code 1102 provides for the evaluation and
necessary regulation of any stationary source that emit equal to or
greater than 0.2 pound of any air contaminant, including NO2, in any one
day.

SIP approved 7 DE Admin. Code 1125 governs preconstruction review and
permitting of any new or modified major stationary sources of air
pollutants as required in Part C in Title I of the CAA.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(C).

4.  Section 110(a)(2)(D)

Section 110(a)(2)(D)(i)(I)

In accordance with the decision of the U.S. Court of Appeals for the
District of Columbia, EPA at this time is not treating the
110(a)(2)(D)(i)(I) SIP submission from Delaware which is part of the
larger March 27, 2013 SIP submission for the 2010 NO2 NAAQS as a
required SIP submission.  See EME Homer City Generation, L.P. v. EPA,
696 F .3d 7 (D.C. Cir. 2012), cert. granted, 2013 U.S. Lexis 4801
(2013).  On June 24, 2013, the Supreme Court granted the petitions of
the United States and others and agreed to review this D.C. Circuit
decision.  However, at this time the D.C. Circuit decision remains in
place and unless it is reversed or otherwise modified by the Supreme
Court, states are not required to submit 110(a)(2)(D)(i)(I) SIPs until
EPA has quantified their obligations under that section.  Regardless of
whether a particular SIP submission is considered “required,”
section 110(k)(2) of the CAA requires EPA to act on the submission.
Therefore, EPA is proposing to act on the portion of Delaware’s SIP
submission that addresses the requirements of section
110(a)(2)(D)(i)(I).

NO2  is a subset of a broader pollutant nitrogen oxides (NOx).  After
EPA’s review of Delaware’s March 27, 2013 infrastructure SIP
submittal for the 2010 NO2 NAAQS, EPA is proposing to determine that
Delaware’s SIP includes adequate provisions (as identified below) to
prohibit sources or other emission activities within the State from
emitting NOx in amounts that will contribute significantly to
nonattainment or interfere with maintenance by any other state with
respect specifically to the NO2 NAAQS.

The Delaware SIP presently includes requirements for emissions limits on
NOx including, but not limited to, 7 DE Admin. Codes 1112, 1142, 1144,
1146 and 1148.  See 40 CFR 40 CFR 52.420(c).

Regulation 1112 – Control of NOx Emissions (which imposes NOx
reasonably available control technology limits for major NOx emitting
sources).

Regulation 1142 – Section 1 – (which includes control of NOx
Emissions from Industrial Boilers.)

Regulation 1142 – Section 2 – (which includes control of NOx
Emissions from Industrial Boilers and Process Heaters at Petroleum
Refineries in New Castle County.)

Regulation 1144 – Control of Stationary Generator Emissions – SO2,
PM, VOC and NOx emission control (which contains NOx emission rates).

Regulation 1146 – Electric Generating Unit Multi-Pollutant Regulation
– (which includes SO2, NOx and mercury emission rates.)

Regulation 1148 – Control of Stationary Combustion Turbine Electric
Generating Unit Emissions – (which includes NOx emission control
through NOx emission rates.)

In addition, all major stationary sources of NO2 are subject to the
SIP-approved requirements for prevention of significant deterioration
(PSD) and nonattainment new source review with Emission Offset
Provisions in 7 DE Admin. Code 1125 which provides preconstruction
review and permitting requirements in attainment and nonattainment
areas.  The requirements of 7 DE Admin. Code 1125 help ensure that no
new or modified NO2 emitting source will cause or contribute to
nonattainment areas for NO2.

Further, EPA notes that available information does not indicate that
current air quality exceeds the NO2 NAAQS in any area surrounding or
bordering Delaware.  See February 17, 2012 (77 FR 9532).  The 2008-2010
air quality monitoring data reflect conditions in many locations well
below the NO2 NAAQS.  EPA also reviewed NO2 air quality monitoring data
for the states surrounding or bordering Delaware within a 50 kilometer
radius from Delaware including Pennsylvania, New Jersey, and Maryland as
well as Delaware’s data.  EPA selected a fifty kilometer radius from
Delaware when reviewing design values at monitors because 50 kilometers
is the standard distance for modeling analysis in EPA’s Guideline on
Air Quality Models (Appendix W to 40 CFR Part 51) and EPA is acting
consistent with that Guideline.  The most recent design values (DVs)
that are computed using quality-assured and certified ambient air
monitoring data using the Federal Reference method or equivalent data
reported by states, tribes and local agencies to EPA’s Air Quality
System (AQS) for 2009-2011 for monitors in states surrounding or
bordering Delaware within 50 kilometers of Delaware are in Table 1 below
and show that the DVs are well below the NAAQS for NO2.  The preliminary
DVs for 2010-2012 in Table 1 also show levels well below NO2 NAAQS.  The
level of the 1-hour NAAQS for NO2 is 100 parts per billion (ppb) and the
form is the 3-year average of the annual 98th percentile of the daily
1-hour maximum.  Significant contribution must be evaluated not just
against nonattainment areas, but also against areas with monitors
showing violations of the NAAQS.  There are no areas violating the
NAAQS.  Further, in the states surrounding and bordering Delaware within
the 50 kilometer radius reviewed by EPA, the highest DV for 2009-2011 is
65 (Philadelphia, PA).  See Table 1 below for DVs surrounding and
bordering Delaware within a 50 kilometer radius around Delaware.

Table 1.         Design Values Surrounding and Bordering Delaware

State	County	Site 	2009-2011

Final DV (ppb)	2010-2012

Prelim DV (ppb)

DE	New Castle	100032004	50	48

DE	Sussex	100051003	-	19

MD	Baltimore	240053001	50	48

NJ	Camden	340070002	-	43

PA	Bucks	420170012	43	42

PA	Delaware	420450002	48	47

PA	Lancaster	420710007	43	42

PA	Philadelphia	421010004	65	65

PA	Philadelphia	421010047	59	57

PA	York	421330008	50	49

Based on this air quality monitoring data analysis and EPA’s review of
NOx emission trends within Delaware, EPA does not expect NOx emissions
in Delaware to increase significantly particularly in light of the
Delaware SIP emission limits and New Source Review provisions.

EPA’s analysis of the air quality monitoring data and emission trends
also supports EPA’s conclusion that NO2 emissions are not increasing
significantly in the states surrounding Delaware and do not appear
likely to significantly increase especially with the Delaware SIP
provisions for NOx.  EPA therefore does not expect monitors identified
in the table above which all have DVs well below the NO2 NAAQS to have
difficulty maintaining the NAAQS for NO2.  EPA concludes Delaware
emission sources are not significantly contributing to nonattainment in
another state with the NO2 NAAQS and are not likely to interfere with
maintenance of the NO2 NAAQS in another state.

Because the 2008-2010, the 2009-2011 and also the preliminary 2010-2012
air quality monitoring data identified above for areas surrounding or
bordering Delaware within a 50 kilometer radius from Delaware are well
below the NO2 NAAQS and because NOx emission trends from Delaware
sources do not appear to be increasing, EPA finds Delaware’s federally
enforceable SIP provisions with NOx emission limits for NOx emission
sources contain adequate provisions so Delaware emission sources will
not interfere with maintenance or contribute significantly to
nonattainment in another state with the NO2 NAAQS.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(D)(i)(I).

Section 110(a)(2)(D)(i)(II)

For all areas of Delaware, a SIP- approved PSD program (7 DE Admin. Code
1125) is in place.  See 40 CFR 52.420(c).  See additional discussion
under 110(a)(2)(C).  Based upon EPA’s review of the submittal, EPA is
proposing to determine that Delaware has met its obligations pursuant to
110(a)(2)(D)(i)(II) for the part C permit program.

Prong 4 of section 110(a)(2)(D)(i)(II) requires that SIPs include
provisions prohibiting any source or other type of emissions activity in
one state from interfering with measures to protect visibility required
to be included in another state’s SIP.   Delaware’s regional haze
SIP was approved on July 19, 2011 (76 FR 42557) and prohibits emission
sources in Delaware from emitting air pollutants which would interfere
with measures which protect visibility.  Based upon EPA’s review of
the submittal, EPA is proposing to determine that the State has met its
obligations pursuant to 110(a)(2)(D)(i)(II).

Section 110(a)(2)(D)(ii)

Neither Delaware nor any facility in Delaware is subject to a section
126 rule.  Delaware has no currently pending obligations pursuant to CAA
126(b) or (c).  Delaware has demonstrated that it has adequate
provisions insuring future compliance with the requirements of sections
126 and 115 of the CAA.  Based upon EPA’s review of the submittal, EPA
is proposing to determine that the State has met its obligations
pursuant to 110(a)(2)(D)(ii).

5.  Section 110(a)(2)(E)

For section 110(a)(2)(E)(i), Delaware has adequate authority under state
law pursuant to

7 Del. C. Chapter 60 to carry out its SIP obligations with respect to
the 2010 NO2 NAAQS.  DNREC will continue to have, through the State of
Delaware General Fund and through the Title V fee program, funding to
carry out its SIP obligations.  Furthermore, Delaware’s funding
sources are sufficient to provide adequate personnel for those purposes.

At present, Delaware fulfills this obligation by virtue of having
adequate personnel and funding through the CAA section 105 grant process
(Federal grant funds), the State of Delaware general fund (state tax
revenues), and appropriated special funds collected by the State of
Delaware from application fees, permit fees, renewal fees, and civil or
administrative penalties or fines under 7 Del. C. Chapter 60.  The
Division of Air Quality is responsible for developing, implementing and
enforcing the SIP.

Delaware complies with the requirements of section 110(a)(2)(E)(ii)
through compliance with the applicable requirements of 29 Del C.,
Chapter 58, “Laws Regulating the Conduct of Officers and Employees of
the State,” which EPA approved as a SIP revision on April 17, 2013 (78
FR 22785).

The requirements of section 110(a)(2)(E)(iii) are not applicable to
Delaware because Delaware does not rely on localities for specific SIP
implementation.  Based upon EPA’s review of the submittal, EPA is
proposing to determine that Delaware has met its obligations pursuant to
110(a)(2)(E).

6.  Section 110(a)(2)(F)

Specific monitoring and emissions reporting requirements are found
throughout the State of Delaware’s regulations governing the control
of air pollution, including 7 DE Admin. Codes 1103 and 1117.  These
regulations are included in Delaware’s approved SIP and are listed in
40 CFR 52.420(c) and also apply to the 2010 NO2 NAAQS.

Delaware’s SIP requires that owners or operators of stationary sources
monitor and submit periodic reports on the nature and amounts of NOx
(which includes NO2) emissions and emissions related-data emissions from
the sources.  This may include the installation, maintenance and
replacement of equipment, where appropriate.  This information submitted
to DNREC is available to the public at reasonable times for public
inspection pursuant to Delaware law.  Delaware has stated it will
continue to require reporting of emissions.

Except as specifically exempted by the Delaware Freedom of Information
Act, 29 Del. C. Chapter 100, Delaware makes all records, reports or
information obtained by DNREC or referred to at public hearings
available to the public pursuant to the provisions of the Delaware
Freedom of Information Act, 29 Del. C. Chapter 100.

Other aspects of Delaware’s program for requiring installation and
maintenance of monitoring equipment, and periodic emissions reporting,
are found in the source monitoring, source testing and test methods, and
recordkeeping and reporting provisions of 7 DE Admin. Codes 1112, 1137,
1139, 1141, 1142, 1144, 1146, 1148 and others in the approved Delaware
SIPs, which are identified at 40 CFR 52.420(c).

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(F).

7.  Section 110(a)(2)(G)

Delaware has authority comparable to that in section 303 of the CAA and
adequate contingency plans to implement such authority.

At present, 7 Del. C. section 6003(a)(1) requires a permit from the
Secretary prior to discharging any air contaminant.  7 Del. C. section
6002(2) defines air contaminant essentially as any substance other than
uncombined water.  7 Del. C. section 6005 allows the Secretary to seek a
preliminary or permanent injunction or temporary restraining order for
discharge of an air contaminant without a permit, and to issue a cease
and desist order for violations (7 Del. C. section 6018).  Therefore, if
any discharge of an air contaminant, including NO2, would cause imminent
and substantial endangerment to the health, safety and welfare of the
people of the State of Delaware or the environment, the Secretary may
seek an injunction or temporary restraining order to halt the violation.

Delaware’s SIP contains an emergency episode plan found in 7 DE Admin.
Code 1115, Air Pollution Alert and Emergency Plan, that is currently
approved in the SIP and identified at 40 CFR 52.420(c).

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(G).

8.  Section 110(a)(2)(H)

Through its SIP submissions, Delaware has demonstrated that it has
adequate authority under the Delaware Code, Chapter 60, Title 7
“Conservation” to revise the SIP.  These submissions also provide
EPA with adequate assurances that Delaware will review and revise its
SIP from time to time as may be necessary to take account of revisions
of such primary or secondary NAAQS or the availability of improved or
more expeditious methods of attaining such standards and, whenever the
Administrator finds, on the basis of information available to the
Administrator, that the plan is substantially inadequate to attain the
NAAQS which it implements, or to otherwise comply with any additional
requirements established under the CAA.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(H).

9.  Section 110(a)(2)(J)

Section 121 (relating to consultation).  7 DE Admin. Code 1132,
Transportation Conformity of the State of Delaware Governing the Control
of Air Pollution, provides a legal platform for the various consultation
procedures that have been developed between DNREC, the Delaware
Department of Transportation (DELDOT), and the Metropolitan Planning
Organizations (MPOs).  The MPOs provide the forum for consultation with
local governments.  Delaware’s MPOs are:  WILMAPCO, Kent County MPO,
and the Salisbury-Wicomoco MPO.  Regional planning organizations provide
the forum for inter-state consultations.  7 DE Admin. Code 1132 is
included in the Delaware SIP.  Additionally, consultations with Federal
Land Managers are always ongoing in accordance with EPA rules (such as
in the Regional Haze regulations).

Section 127 (relating to public notification).  All SIP revisions and
new/amended regulations undergo public notice and hearing, pursuant to 7
Del. C. Chapters 29 and 60, which include publication in the newspapers
and in the Delaware Register, and which have allowed for comment by both
the public and local political subdivisions.  The public notice and
hearing processes also fulfill the section 121 consultation process.
Approved regulations in the Delaware SIP specify the organizations
responsible for implementing and enforcing the plans.  In addition,
DNREC makes real time and historical air quality information available
on its web site.

PSD requirements necessary to implement the 2010 NO2 NAAQS are SIP
approved and implemented through the requirements of 7 DE Admin. Code
1125, Preconstruction Review.  The Delaware PSD SIP was approved on
October 2, 2012 (77 FR 60053).

With regard to visibility protection, there are no new applicable
visibility protection obligations under section 110(a)(2)(J) as a result
of the 2010 NO2 NAAQS.  Delaware is complying with, and will continue to
comply with the visibility protection and regional haze program
requirements under part C of the CAA.  EPA approved the Delaware
regional haze SIP on July 19, 2011 (76 FR 42557).

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(J).

10.  Section 110(a)(2)(K)

Delaware has the authority and technical capability to conduct air
quality modeling in order to assess the effect on ambient air quality
relevant pollutant emissions and will continue to perform modeling.
Delaware will continue to submit to EPA the air quality modeling data as
part of Delaware’s relevant SIP submissions, permit actions, and
through Federal grant commitments or in other ways that EPA may request.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(K).

11.  Section 110(a)(2)(L)

Delaware’s submissions adequately address this requirement by
explaining that consistent with Delaware law, Delaware will continue to
require the owner or operator of each major stationary source to pay to
the permitting authority, as a condition of any permit required under
the CAA, a fee sufficient to cover (i) the reasonable costs of reviewing
and acting upon any application for such a permit, and (ii) if the owner
or operator receives a permit for such source, the reasonable costs of
implementing and enforcing the terms and conditions of any such permit
(not including any court costs or other costs associated with any
enforcement action), until such fee requirement is superseded with
respect to such sources by the Administrator’s approval of a fee
program under Title V pursuant to Delaware law.  Delaware currently
fulfills this under the enabling authority of 7 Del. C., sections 6095
to 6099, and fee legislation that currently is renewed every three
years.

Delaware also has a fully approved Title V operating permits program.
See paragraphs (b) and (c) under “Delaware” in Appendix A to 40 CFR
part 70—Approval Status of State and Local Operating Permits Programs.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(L).

12.  Section 110(a)(2)(M)

In the 2013 NO2 infrastructure SIP submittal, Delaware stated it will
continue to provide for consultation and participation by local
political subdivisions affected by the SIP pursuant to the public notice
laws found in 7 Del. C., sections 6006 and 6010, and 29 Del. C. Chapters
10003, 10004, and 10115, as applicable.  Furthermore, Delaware stated
all Delaware SIP revisions undergo public notice and hearing which have
allowed for comment by the public which includes local political
subdivisions.  The public notice and hearing processes fulfill the
requirements for consultation with local political subdivisions affected
by the SIP.

Based upon EPA’s review of the submittal, EPA is proposing to
determine that the State has met its obligations pursuant to
110(a)(2)(M).

F.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Delaware’s infrastructure submittal for the 2010
NO2 NAAQS concludes that

Delaware’s submittal meets the requirements of CAA section
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M),
or portions thereof.  It is recommended that a notice of proposed
rulemaking be prepared approving Delaware’s infrastructure submittal
for the 2010 NO2 NAAQS.

 PAGE

 PAGE  12


[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Rules and Regulations]
[Page 30755-30760]
[DOCID:fr29my08-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28598; Directorate Identifier 2007-NM-036-AD;
Amendment 39-15529; AD 2008-11-07]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 757 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 757 airplanes. This AD requires installation of an
automatic shutoff system for the center tank fuel boost pumps, and
installation of a placard in the airplane flight deck if necessary.
This AD also requires revisions to the Limitations and Normal
Procedures sections of the airplane flight manual to advise the
flightcrew of certain operating restrictions for airplanes equipped
with an automated center tank fuel pump shutoff control. This AD also
requires a revision to the Airworthiness Limitations (AWLs) section of
the Instructions for Continued Airworthiness to incorporate AWLs No.
28-AWL-20 and No. 28-AWL-26. This AD also requires replacement of the
fuel control panel assembly with a modified part, installation of two
secondary pump control relays for the center tank fuel pumps, other
specified actions, and concurrent modification of the fuel control
panel assembly. This AD results from fuel system reviews conducted by
the manufacturer. We are issuing this AD to prevent center tank fuel
pump operation with continuous low pressure, which could lead to
friction sparks or overheating in the fuel pump inlet that could create
a potential ignition source inside the center fuel tank; these
conditions, in combination with flammable fuel vapors, could result in
a center fuel tank explosion and consequent loss of the airplane.

DATES: This AD is effective July 3, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 3, 2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document 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: Judy Coyle, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6497; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all Boeing Model 757-200, -200CB, -200PF, and -300 series airplanes.
That NPRM was published in the Federal Register on July 9, 2007 (72 FR
37132). That NPRM proposed to require installation of an automatic
shutoff system for the center tank fuel boost pumps, and installation
of a placard in the airplane flight deck if necessary. That NPRM also
proposed to require revisions to the Limitations and Normal Procedures
sections of the airplane flight manual to advise the flightcrew of
certain operating restrictions for airplanes equipped with an automated
center tank fuel pump shutoff control. That NPRM also proposed to
require a revision to the Airworthiness Limitations (AWLs) section of
the Instructions for Continued Airworthiness (ICA) to incorporate AWLs
No. 28-AWL-20 and No. 28-AWL-26. That NPRM also proposed to require
replacement of the fuel control panel assembly with a modified part,
installation of two secondary pump control relays for the center tank
fuel pumps, other specified actions, and concurrent modification of the
fuel control panel assembly.

Actions Since NPRM Was Issued

    On April 29, 2008, we issued AD 2008-10-11, amendment 39-15517,
that applies to all Model 757 airplanes. AD 2008-10-11, among other
actions, requires revising the AWLs section of the ICA by incorporating
AWLs No. 28-AWL-01 through No. 28-AWL-24 of Section 9 of the Boeing 757
Maintenance Planning Document (MPD) Document D622N001-9, Revision March
2008. AD 2008-10-11 also provides the optional action of incorporating
AWL No. 28-AWL-26. This AD, however, requires the incorporation of AWLs
No. 28-AWL-20 and No. 28-AWL-26 in accordance with paragraphs (j) and
(m) of this AD, respectively. Therefore, we have added a new paragraph
(q) to this AD specifying that incorporating AWLs No. 28-AWL-20 and No.
28-AWL-26 into the AWLs section of the ICA in accordance with paragraph
(g)(3) of AD 2008-10-11 terminates the corresponding actions required
by this AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the four commenters.

Request To Revise the Unsafe Condition

    Boeing requests that we clarify the unsafe condition in the summary
and in paragraph (d) of the NPRM. Boeing states that the unsafe
condition exists when continuous low pressure is indicated during pump
operation with no fuel available to cover the pump inlet, and that it
does not exist when there is fuel available to cover the pump inlet
during pump operation. Boeing suggests using the following statement:

    We are issuing this AD to prevent center tank fuel pump
operation with continuous low pressure (with no fuel passing through
the pump), which could lead to friction sparks or overheating in the
fuel pump inlet that could create a potential ignition source inside
the center fuel tank. These conditions, in combination with
flammable fuel vapors, could result in a center fuel tank explosion
and consequent loss of the airplane.

    We agree that the unsafe condition is present only when there is no
fuel available to cover the pump inlet. When fuel is not covering the
pump inlet, the ``continuous low pressure'' indication will be present.
Therefore, we have not added the phrase ``with no fuel passing through
the pump'' to this AD in this regard, since the continuous low pressure
indication is integral to describing the unsafe condition. We have,
however, revised the summary and paragraph (d) of this AD by

replacing ``or'' with ``that'' to specify ``* * * overheating in the
fuel pump inlet that could create a potential ignition source * * * ''

Request To Explain Policy for Alternative Methods of Compliance (AMOCs)

    TDG Aerospace requests that we explain our criteria in determining
which FAA-approved solutions are specified as a primary means of
compliance as opposed to being identified as an AMOC and listed in the
AMOC paragraph of an AD. TDG Aerospace states that it would be logical
to include all solutions that exist and address an unsafe condition in
an AD as a primary means of compliance. TDG Aerospace asserts that, by
not doing so, we are failing to provide operators with a comprehensive
discussion of the cost and scheduling impact associated with
compliance, and that this practice could misrepresent ongoing
maintenance and airworthiness limitation requirements. TDG Aerospace
also asserts that it appears that preferential bias is shown towards
one particular solution, even though two or more other equivalent
solutions might exist. TDG Aerospace points to AD 2002-21-06, amendment
39-12912 (68 FR 12802, March 18, 2003), as an example of an AD that
lists several equivalent solutions for addressing an unsafe condition.
    We find that clarification of the AMOC process is necessary. An
AMOC is issued only after an AD has been issued. AMOCs provide an
alternative method of compliance to those methods that are cited in the
associated AD.
    When an unsafe condition is identified, the burden of developing a
means for correcting the unsafe condition is placed on the original
equipment manufacturer (OEM). Usually, no means for correcting an
unsafe condition other than those provided by the OEM exist when we
issue an AD. We agree that if multiple solutions exist that have fleet-
wide application, such solutions may be cited in an AD. However, such
solutions would be included in the AD only as methods of compliance
with the requirements of the AD--not as AMOCs.
    In cases where a non-OEM solution does not have fleet-wide
application, it would not be appropriate to include the solution in the
AD. Such solutions are best addressed by requesting approval as AMOCs
after the AD has been issued. We disagree that this approach undermines
the efficacy of those alternative methods, or shows bias towards the
OEM's method. A key aspect of the notice of proposed rulemaking process
is to do specifically what the commenter is recommending, which is to
provide an opportunity for us to become aware of other potential
solutions to an unsafe condition. Any person who might be aware of
another means to correct the unsafe condition is free to propose that
means during the comment period to the proposed AD. We would then
carefully consider the comment before issuing the AD.
    Further, we have reviewed AD 2002-21-06, and that AD is in line
with this practice. That AD refers to approved AMOCs; however, when a
new AD supersedes a previously issued AD, we make an assessment of any
AMOCs that may have been approved for the previously issued AD. If
appropriate, we include a reference to those AMOCs in the new AD to
preclude an affected operator from having to re-apply for AMOC
approval.
    In this case, we have determined that installing and maintaining
TDG Aerospace Universal Fault Interrupter (UFI), in accordance with
Supplemental Type Certificate (STC) ST01950LA, would also address the
unsafe condition on Model 757-200 and -300 series airplanes. Therefore,
we have deleted paragraph (p)(3) of the NPRM and added a new paragraph
(p) to this AD specifying that incorporating STC ST01950LA terminates
the requirements of paragraphs (g) through (m) of this AD. We have also
added a concurrent requirement to paragraph (p) of this AD to install a
placard on all airplanes in the operator's fleet not equipped with a
UFI or automatic shutoff system.

Request To Clarify the Summary

    Boeing requests that we add a statement to the NPRM specifying that
this AD will not be extended to the main wing tanks, as discussed in
meetings between Boeing and the Seattle Aircraft Certification Office,
FAA. Boeing states that AD 2002-24-51, amendment 39-12992 (68 FR 10,
January 2, 2003), was based upon discrepancies in the manufacturing
process, and that AD 2002-24-51 was later expanded because inspection
of in-service units showed that the units could possibly overheat in
service or during manufacture. Boeing further states that there is no
service history of incidents or accidents on the main wing tanks on
Model 757 airplanes to support this AD.
    Although we agree that the scope of this AD is not being expanded
to address the main wing tanks, revising the summary of this AD is not
necessary because it only discusses the center fuel tanks. We have not
changed this AD in this regard.

Request To Allow Use of Existing AMOC

    Boeing requests that we revise the NPRM to specify that operators
may continue using the procedures in the following documents as an
AMOC, until an operator has inspected all center tank fuel pumps and
modified all airplanes in its fleet: AD 2002-19-52, amendment 39-12900
(67 FR 61253, September 30, 2002), and AD 2002-24-51; or FAA Approval
Letter 140S-03-234, dated August 15, 2003. As justification, Boeing
states that the AMOC has already been accepted as a valid means of
fulfilling the intent of the AD pending hardware installation.
    We agree that the procedures in AD 2002-19-52 and AD 2002-24-51, or
the procedures approved by FAA Approval Letter 140S-03-234 as an AMOC
to AD 2002-19-52 and AD 2002-24-51, continue to be acceptable until all
airplanes in an operator's fleet are in compliance with all the
requirements of this AD. As stated in the NPRM, installing a placard in
accordance with paragraph (e) of AD 2002-19-52 is acceptable for
compliance with paragraph (h) of this AD. Also, paragraph (n) of this
AD states that accomplishing the actions specified in paragraphs (g),
(h), (i), and (j) of this AD terminates the AFM revision specified in
paragraph (e) of AD 2002-24-51 for Model 757-200, -200CB, -200PF, and -
300 series airplanes that have the automatic shutoff system installed.
No change to this AD is necessary in this regard.

Request To Allow Use of an AMOC

    UPS requests that we revise the NPRM to allow AD 2002-24-51 as an
AMOC and terminating action to the proposed requirements of the NPRM.
As justification, UPS states that there is no opportunity for potential
ignition sources to develop from the center tank fuel pump, since AD
2002-24-51 prohibits operating the fuel pumps when the center tank fuel
quantity reaches 1,000 pounds; under this limitation, the fuel pump is
submerged and always covered with fuel. UPS believes that the
limitations required by AD 2002-24-51 provide a higher level of safety
than the automatic shutoff system because the limitations of AD 2002-
24-51 always require the fuel pumps to be submerged in fuel, precluding
the opportunity for dry running the pumps. UPS further states that,
since Boeing Service Bulletin 757-28A0105, Revision 1, dated April 2,
2007, was issued to counteract the potential continued dry running of
the fuel pump, it should not be required for

operators who have accomplished AD 2002-24-51.
    We do not agree to allow AD 2002-24-51 as an AMOC or terminating
action for the requirements of this AD. The changes to the pump control
system required by this AD address problems with the system, such as
indication failures and power relay failures, that the limitations
required by AD 2002-24-51 do not address. Further, the FAA Flight
Standards Service has informed us that there are flights where the fuel
pumps are not turned off as required by AD 2002-24-51 because of the
lack of crew indication prompting early shutoff of the fuel pumps. AD
2002-24-51 was intended only to be an interim action until the pump
power control system changes were developed and incorporated. We have
determined that installing the automatic shutoff system provides a
higher level of safety because it prevents extended dry running of the
fuel pumps. Therefore, we have not changed this AD in this regard.

Request To Revise AWLs Intervals

    KLM Royal Dutch Airlines, on behalf of several operators, requests
that we review a 45-page proposal to align certain Airworthiness
Limitation Item (ALI) intervals with the applicable maintenance
significant item (MSI) and enhanced zonal analysis procedure (EZAP)
intervals, for Model 737, 747, 757, 767, and 777 airplanes. The
recommendations in that proposal ensure that the ALI intervals align
with the maintenance schedule of the operators.
    We have reviewed the proposal and note that it recommends extending
the inspection interval for AWL No. 28-AWL-20 from 1 year to 24 months.
We infer that the operators request that we revise paragraph (m) of
this AD to extend the inspection interval for AWL No. 28-AWL-20 of
Boeing Temporary Revision (TR) 09-006, dated January 2007, to the
Boeing 757 Maintenance Planning Document, D622N001-9. That 1-year
interval was determined using a quantitative fault tree analysis. Given
the confidence level of certain inputs into that analysis, it would not
be appropriate to extend the inspection interval until sufficient
reliability data is available to substantiate those assumptions.
Therefore, we have determined that a 1-year interval is appropriate for
ensuring an acceptable level of safety. No change to this AD is
necessary in this regard.

Request To Explain Compliance With Industry Guidance

    TDG Aerospace requests that we specify whether the service
bulletins referred to in the NPRM are in compliance with the
requirements of section 25.981(a) and (b) of the Federal Aviation
Regulations (14 CFR 25.981(a) and (b)) and with section 25.1309(c) of
the Federal Aviation Regulations (14 CFR 25.1309(c)) with respect to
latent failure conditions. If so, TDG Aerospace further requests that
we discuss any inaccuracies between the service bulletins and FAA
Advisory Circular (AC) 25.981-1B, ``Fuel Tank Ignition Source
Prevention Guidelines,'' dated April 18, 2001; AC 25.1309-1A, ``System
Design and Analysis,'' dated June 21, 1988; and MIL-HDBK-217F,
``Reliability Prediction of Electronic Equipment.''
    The Boeing service bulletins referred to in this AD are FAA-
approved and were found to comply with the requirements of 14 CFR
25.981(a) and (b), amendment 25-102. In developing the service
bulletins, Boeing followed the guidance cited by TDG Aerospace.
Boeing's substantiation included other features with the fuel pump that
contribute an additional condition probability to the latent failure
cases referred to by TDG Aerospace. No change to this AD is necessary
in this regard.

Request To Adopt an Industry-Collaborative Approach

    TDG Aerospace suggests that we use the regulatory docket as a tool
to encourage industry participation in the pursuit of solutions to
known deficiencies that we intend to address with an AD. TDG Aerospace
suggests that such an approach would not only result in the most
efficient and cost-effective solutions, but also reduce the delay in
bringing viable corrective actions to the market.
    We welcome any feedback that will improve the AD process for
industry, while also ensuring that an unsafe condition is adequately
addressed in an appropriate amount of time. As stated previously, the
burden of developing a means for correcting the unsafe condition is
placed on the OEM. We have found that the comment period is most useful
if we notify operators about the work required by a proposed AD, which
is typically detailed in a service bulletin. Also, in determining the
appropriate compliance time for an AD, we must consider both the risk
and scope of work that would be required. Without service information,
it would be difficult to set appropriate compliance times, or provide
operators with an opportunity to comment on the merits of a corrective
action. No change to this AD in necessary in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 1,094 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $80 per hour, for U.S. operators to comply
with this AD. The estimated cost of parts in the following table
depends on the airplane configuration.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                  Work                                                            U.S.-
            Model                   Action        hours            Parts                Cost per airplane       registered           Fleet cost
                                                                                airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
757-200, -200CB, and -200PF,   Installation of       91  $8,309 to $9,194.........  $15,589 to $16,474.......          631  $9,836,659 to $10,395,094.
 series airplanes.              the automatic
                                shutoff system.
757-300 series airplanes.....  Installation of       51  $8,598 to $8,654.........  $12,678 to $12,734.......           75  $950,850 to $955,050.
                                the automatic
                                shutoff system.
757-200, -200CB, -200PF, and - Placard                1  $10......................  $90......................          706  $63,540.
 300 series airplanes.          installation,
                                if necessary.
                               AFM revision....       1  None.....................  $80......................          706  $56,480.
                               AWLs revision...       1  None.....................  $80......................          706  $56,480.
                               Installation of       29  $2,097...................  $4,417...................          706  $3,118,402.
                                secondary pump
                                control relays.

                               Concurrent             2  $40......................  $200.....................          706  $141,200
                                modification of
                                the fuel
                                control panel
                                assembly.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    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), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

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 adding the following new AD:

2008-11-07 Boeing: Amendment 39-15529. Docket No. FAA-2007-28598;
Directorate Identifier 2007-NM-036-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 3, 2008.

Affected ADs

    (b) Accomplishing certain paragraphs of this AD terminates
certain requirements of AD 2002-24-51, amendment 39-12992.

Applicability

    (c) This AD applies to all Boeing Model 757-200, -200CB, -200PF,
and -300 series airplanes, certificated in any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections of the automatic
shutoff system for the center tank fuel boost pumps. Compliance with
these inspections is required by 14 CFR 43.16 and 91.403(c). For
airplanes that have been previously modified, altered, or repaired
in the areas addressed by these inspections, the operator may not be
able to accomplish the inspections described in the revisions. In
this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (r) of this AD. The request should include a
description of changes to the required inspections that will ensure
acceptable maintenance of the automatic shutoff system.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent center tank fuel
pump operation with continuous low pressure, which could lead to
friction sparks or overheating in the fuel pump inlet that could
create a potential ignition source inside the center fuel tank;
these conditions, in combination with flammable fuel vapors, could
result in a center fuel tank explosion and consequent loss of the
airplane.

Compliance

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

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of the service bulletins identified in
Table 1 of this AD, as applicable.

                  Table 1.--Service Bulletin References
------------------------------------------------------------------------
            Airplanes                   Action         Service Bulletin
------------------------------------------------------------------------
Model 757-200, -200CB, and -      Installation        Boeing Alert
 200PF series airplanes.           specified in        Service Bulletin
                                   paragraph (g) of    757-28A0081,
                                   this AD.            dated February
                                                       16, 2006.
Model 757-300 series airplanes..  Installation        Boeing Alert
                                   specified in        Service Bulletin
                                   paragraph (g) of    757-28A0082,
                                   this AD.            dated February
                                                       16, 2006.
For Model 757-200, -200CB, -      Installation        Boeing Service
 200PF, and -300 series            specified in        Bulletin 757-
 airplanes.                        paragraph (k) of    28A0105, Revision
                                   this AD.            1, dated April 2,
                                                       2007.
------------------------------------------------------------------------

Installation of Automatic Shutoff System for the Center Tank Fuel Boost
Pumps

    (g) Within 36 months after the effective date of this AD:
Install an automatic shutoff system for the center tank fuel boost
pumps, by accomplishing all of the actions specified in the
applicable service bulletin. If a placard has been previously
installed on the airplane in accordance with paragraph (h) of this
AD, the placard may be removed from the flight deck of only that
airplane after the automatic shutoff system has been installed.
Installing automatic shutoff systems on all airplanes in an
operator's fleet, in accordance with this paragraph, terminates the
placard installation required by paragraph (h) of this AD, for all
airplanes in an operator's fleet.

Placard Installation for Mixed Fleet Operation

    (h) Concurrently with installing an automatic shutoff system on
any airplane in an operator's fleet, as required by paragraph (g) of
this AD: Install a placard adjacent to the pilot's primary flight
display on all airplanes in the operator's fleet not equipped with
an automatic shutoff system for the center tank fuel boost pumps.
The placard reads as follows (alternative placard wording may be
used if approved by an appropriate FAA Principal Operations
Inspector): ``AD 2002-24-51 fuel usage restrictions required.''
    Installation of a placard in accordance with paragraph (e) of AD
2002-19-52, amendment 39-12900, is acceptable for compliance with
the requirements of this paragraph. Installing an automatic shutoff
system on an airplane, in accordance with paragraph (g) of this AD,
terminates the placard installation required by this paragraph, for
only that airplane. Installing automatic shutoff systems on all
airplanes in an operator's fleet, in accordance with paragraph (g)
of this AD, terminates the placard installation required by this
paragraph, for all airplanes in an operator's fleet. If automatic
shutoff systems are installed concurrently on all airplanes in an
operator's fleet in accordance with paragraph (g) of this AD, or if
operation according to the fuel usage restrictions of AD 2002-24-51
is maintained until automatic shutoff systems are installed on all
airplanes in an operator's fleet, the placard installation specified
in this paragraph is not required.

Airplane Flight Manual (AFM) Revision

    (i) Concurrently with accomplishing the actions required by
paragraph (g) of this AD: Do the actions specified in paragraphs
(i)(1) and (i)(2) of this AD.
    (1) Revise Section 1 of the Limitations section of the Boeing
757 AFM to include the following statement. This may be done by
inserting a copy of this AD in the AFM.

    ``Intentional dry running of a center tank fuel pump (CTR L FUEL
PUMP or CTR R FUEL PUMP message displayed on EICAS) is prohibited.''

    Note 2: When a statement identical to that in paragraph (i)(1)
of this AD has been included in the general revisions of the AFM,
the general revisions may be inserted into the AFM, and the copy of
this AD may be removed from the AFM.

    (2) Revise Section 3.1 of the Normal Procedures section of the
Boeing 757 AFM to include the following statements. This may be done
by inserting a copy of this AD in the AFM.

    ``Procedures contained on this page are applicable to airplanes
equipped with the automatic center tank fuel pump power removal
system per Boeing Service Bulletin 757-28A0081 (757-200 Series) or
757-28A0082 (757-300 Series).

CENTER TANK FUEL PUMPS

    Center tank fuel pump switches must not be ``ON'' unless
personnel are available in the flight deck to monitor low PRESS
lights.
    For ground operations prior to engine start: The center tank
fuel pump switches must not be positioned ON unless the center tank
contains usable fuel. With center tank fuel pump switches ON, verify
both center tank fuel pump low PRESS lights are illuminated and
EICAS CTR L FUEL PUMP and CTR R FUEL PUMP messages are displayed.
    For ground operations after engine start and flight operations:
The center tank fuel pump switch must be selected OFF when the
respective CTR L FUEL PUMP or CTR R FUEL PUMP message displays. Both
center tank fuel pump switches must be selected OFF when either the
CTR L FUEL PUMP or CTR R FUEL PUMP message displays if the center
tank is empty. During cruise flight, both center tank pump switches
may be reselected ON whenever center tank usable fuel is indicated.

DE-FUELING AND FUEL TRANSFER

    When transferring fuel or de-fueling center or main wing tanks,
the center fuel pump low PRESS must be monitored and the fuel pump
switches positioned to ``OFF' at the first indication of low
pressure. Prior to transferring fuel or de-fueling, conduct a lamp
test of the respective fuel pump low PRESS lights.
    De-fueling main wing tanks with passengers onboard is prohibited
if main tank fuel pumps are powered. De-fueling center wing tank
with passengers onboard is prohibited if the center wing tank fuel
pumps are powered with the automatic center tank fuel pump power
removal system inhibited. Fuel may be transferred from tank to tank,
or the aircraft may be de-fueled with passengers onboard, provided
fuel quantity in the tank from which fuel is being transferred from
is maintained above 2,000 pounds (900 kilograms).''

    Note 3: When statements identical to those in paragraph (i)(2)
of this AD have been included in the general revisions of the AFM,
the general revisions may be inserted into the AFM, and the copy of
this AD may be removed from the AFM.

Airworthiness Limitations (AWLs) Revision for AWL No. 28-AWL-20

    (j) Concurrently with accomplishing the actions required by
paragraph (g) of this AD: Revise the AWLs section of the
Instructions for Continued Airworthiness (ICA) by incorporating AWL
No. 28-AWL-20 of Subsection G of Section 9 of the Boeing 757
Maintenance Planning Data (MPD) Document, D622N001-9, Revision
January 2006, into the MPD. Accomplishing the revision in accordance
with a later revision of the MPD is an acceptable method of
compliance if the revision is approved by the Manager, Seattle
Aircraft Certification Office (ACO), FAA.

Installation of Secondary Override Pump Control Relays

    (k) Within 60 months after the effective date of this AD:
Replace fuel control panel assembly part number 233N3206-( )
(equipment number M10055) with a modified fuel control assembly,
install the secondary override pump control relays for the center
tank fuel pumps in the P33 and P37 relay panels, and do all other
specified actions as applicable, by accomplishing all of the
applicable actions specified in the applicable service bulletin. The
other specified actions must be accomplished before further flight
after installing the secondary override pump control relays.

Concurrent Modification of the M10055 Fuel Control Panel Assembly

    (l) For airplanes identified in paragraph 1.A.1. of Boeing
Service Bulletin 757-28A0105, Revision 1, dated April 2, 2007,
equipped with any fuel control panel assembly identified in
paragraph 1.A. of BAE Systems Service Bulletin 233N3206-28-03, dated
October 4, 2006: Before or concurrently with accomplishing the
actions required by paragraph (k) of this AD, modify the fuel
control panel assembly, in accordance with BAE Systems Service
Bulletin 233N3206-28-03, dated October 4, 2006.

AWLs Revision for AWL No. 28-AWL-26

    (m) Before or concurrently with accomplishing the actions
required by paragraph (k) of this AD: Revise the AWLs section of the
ICA by incorporating AWL No. 28-AWL-26 of Boeing Temporary Revision
(TR) 09-006, dated January 2007, into the MPD. Boeing TR 09-006 is
published as Section 9 of the Boeing 757 MPD Document, D622N001-9,
Revision January 2007. Accomplishing the revision in accordance with
a later revision of the MPD is an acceptable method of compliance if
the revision is approved by the Manager, Seattle ACO.

Terminating Action for AD 2002-24-51

    (n) Accomplishing the actions required by paragraphs (g), (h),
(i), and (j) of this AD terminates the AFM limitations required by
paragraph (e) of AD 2002-24-51 for Model 757-200, -200CB, -200PF,
and -300 series airplanes that have the automatic shutoff system
installed, except for the following limitation: ``Warning Do not
reset a tripped fuel pump circuit breaker.''
    Except for this limitation, all other AFM limitations required
by paragraph (e) of AD 2002-24-51 for Model 757-200, -200CB, -200PF,
and -300 series airplanes may be removed from the AFM after
accomplishing the actions required by paragraphs (g), (h), (i), and
(j) of this AD.

Credit for Actions Done According to Previous Issue of Service Bulletin

    (o) Actions accomplished before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 757-28A0105, dated
January 31, 2007, are considered acceptable for compliance with the

corresponding actions specified in paragraph (k) of this AD.

Terminating Action for Certain Airplanes

    (p) For Model 757-200 and -300 series airplanes: Installing and
maintaining TDG Aerospace, Inc. Universal Fault Interrupter (UFI),
in accordance with Supplemental Type Certificate (STC) ST01950LA,
terminates the actions required by paragraphs (g) through (m) of
this AD; provided that, concurrently with installing a UFI on any
airplane in an operator's fleet, a placard is installed adjacent to
the pilot's primary flight display on all airplanes in the
operator's fleet not equipped with a UFI. The placard reads as
follows (alternative placard wording may be used if approved by an
appropriate FAA Principal Operations Inspector): ``AD 2002-24-51
fuel usage restrictions required.''
    Installation of a placard in accordance with paragraph (e) of AD
2002-19-52 or paragraph (h) of this AD is acceptable for compliance
with the placard installation required by this paragraph. Installing
a UFI in accordance with STC ST01950LA, or an automatic shutoff
system in accordance with paragraph (g) of this AD, on an airplane
terminates the placard installation required by this paragraph for
only that airplane. Installing UFIs in accordance with STC
ST01950LA, or automatic shutoff systems in accordance with paragraph
(g) of this AD, on all airplanes in an operator's fleet terminates
the placard installation required by this paragraph for all
airplanes in an operator's fleet. If UFIs or automatic shutoff
systems are installed concurrently on all airplanes in an operator's
fleet, or if operation according to the fuel usage restrictions of
AD 2002-24-51 is maintained until UFIs or automatic shutoff systems
are installed on all airplanes in an operator's fleet, the placard
installation specified in this paragraph is not required.

Terminating Action for AWLs Revision

    (q) Incorporating AWLs No. 28-AWL-20 and No. 28-AWL-26 into the
AWLs section of the ICA in accordance with paragraph (g)(3) of AD
2008-10-11 terminates the corresponding action required by
paragraphs (j) and (m) of this AD.

Alternative Methods of Compliance (AMOCs)

    (r)(1) The Manager, Seattle ACO, has the authority to approve
AMOCs for this AD, if requested in accordance with the procedures
found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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.

Material Incorporated by Reference

    (s) You must use the service information contained in Table 2 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise.

                                  Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                Service information                          Revision                         Date
----------------------------------------------------------------------------------------------------------------
BAE Systems Service Bulletin 233N3206-28-03.......  Original.................  October 4, 2006.
Boeing Alert Service Bulletin 757-28A0081.........  Original.................  February 16, 2006.
Boeing Alert Service Bulletin 757-28A0082.........  Original.................  February 16, 2006.
Boeing Service Bulletin 757-28A0105...............  1........................  April 2, 2007.
Boeing 757 Maintenance Planning Data Document,      January 2006.............  January 2006.
 D622N001-9, Section 9, Subsection G.
Boeing Temporary Revision 09-006 to the Boeing 757  Original.................  January 2007.
 Maintenance Planning Data Document, D622N001-9.
 Boeing Temporary Revision 09-006 is published as
 Section 9 of the Boeing 757 Maintenance Planning
 Data Document, D622N001-9, Revision January 2007.
----------------------------------------------------------------------------------------------------------------

    (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
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
    (3) You may review copies of the service information that is
incorporated by reference 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/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 8, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-11275 Filed 5-28-08; 8:45 am]

BILLING CODE 4910-13-P