[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7679-7681]
[FR Doc No: 2015-02806]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25246; FMCSA-2010-0385]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
9 individuals. FMCSA has statutory authority to exempt individuals from
the vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemption renewals
will provide a level of safety that is equivalent to or greater than
the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective March 7, 2015. Comments must be
received on or before March 13, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006-
25246; FMCSA-2010-0385], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 9 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 9 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Glen T. Garrabrant (NJ)
Richard A. Guthrie (MT)
Alan L. Johnston (IL)
Bryon K. Lavender (OH)
Victor M. McCants (AL)
James E. Menz (NY)
William K. Otwell (LA)
Rance A. Powell (AL)
Shannon E. Rasmussen (WY)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 9 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 66286; 66 FR 13825; 68 FR 10300; 70 FR 7546; 72 FR
180; 72 FR 7111; 72 FR 9397; 74 FR 6211; 74 FR 6212; 75 FR 77942; 76 FR
5425; 76 FR 9861; 78 FR 10250). Each of these 9 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2006-25246; FMCSA-2010-0385), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so the Agency can contact you if it has
questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2006-25246; FMCSA-2010-0385'' in the
``Keyword'' box, and click ``Search.'' When the new screen appears,
click on ``Comment Now!'' button and type your

comment into the text box in the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2006-25246; FMCSA-2010-0385'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button choose the
document listed to review. If you do not have access to the Internet,
you may view the docket online by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays.

    Issued On: February 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-02806 Filed 2-10-15; 8:45 am]
BILLING CODE 4910-EX-P


								OMB Control No. 2060-NEW

								Approval expires XX/XX/XX

	The public reporting and recordkeeping burden for this collection of
information is estimated to average 47 hours per response.  Send
comments on the Agency's need for this information, the accuracy of the
provided burden estimates, and any suggested methods for minimizing
respondent burden, including through the use of automated collection
techniques to the Director, Collection Strategies Division, U.S.
Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460.  Include the OMB control number in any
correspondence.  Do not send the completed survey to this address.

ENCLOSURE 1

AEROSPACE MANUFACTURING AND REWORK INDUSTRY

INFORMATION REQUEST QUESTIONNAIRE

INSTRUCTIONS FOR COMPLETING THE QUESTIONNAIRE

I.  Introduction

This information request is to be completed for operations that comprise
the Aerospace Manufacturing and Rework source category at your facility.
 The Aerospace Manufacturing and Rework source category includes any
facility engaged, either in whole or in part, in the manufacture or
rework of commercial, civil, or military aerospace vehicles or
components.  Aerospace vehicle or component means any fabricated part,
processed part, assembly of parts, or completed unit, with the exception
of electronic components, of any aircraft including but not limited to
airplanes, helicopters, missiles, rockets, and space vehicles.

The North American Industrial Classification System (NAICS) codes that
describe facilities that may manufacture or rework aerospace vehicles,
components, or parts are listed in Table 1 below.  This table is not
meant to be exhaustive; facilities classified under other NAICS codes
may also be required to complete this information request if they
perform activities as defined above.

The reporting year for this information request is 2008.  If you cannot
provide 2008 data, you must contact Kim Teal of the U.S. EPA at
919-541-5580 or   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>prior to completing this information request to explain why 2008 data
are not available and obtain permission to submit data from another
year.

Table 1.  North American Industrial Classification System Codes for the
Aerospace Manufacturing and Rework Industry

NAICS Code	Description

336411	Aircraft Manufacturing

336412	Aircraft Engine and Engine Parts Manufacturing

336413	Other Aircraft Parts and Auxiliary Equipment Manufacturing

336414	Guided Missile and Space Vehicle Manufacturing

336415	Guided Missile and Space Vehicle Propulsion Units and Propulsion
Units Parts Manufacturing

336419	Other Guided Missile and Space Vehicle Parts and Auxiliary
Equipment Manufacturing

481111	Scheduled Passenger Air Transportation

481112	Scheduled Freight Air Transportation

481211	Nonscheduled Chartered Passenger Air Transportation

481212	Nonscheduled Chartered Freight Air Transportation

481219	Other Nonscheduled Air Transportation

You must complete this information request for ALL manufacturing
operations that constitute aerospace manufacturing and rework at your
facility, regardless of whether the operations are presently regulated
under the National Emission Standards for Hazardous Air Pollutants for
Aerospace Manufacturing and Rework Facilities (aerospace NESHAP).  For
example, information must be submitted for the following operations even
though they are not regulated by the aerospace NESHAP:  chemical
milling, metal finishing, electrodeposition, composites processing,
manufacture of aircraft transparencies, and wastewater operations, among
others.  Additionally, you must submit information for operations that
may be exempted from regulation under the aerospace NESHAP including,
but not limited to, low volume usage coatings, activities associated
with the manufacture or rework of space vehicles, certain waterborne
coatings, certain cleaning operations, certain primer and topcoat
operations, and certain depainting operations.  Finally, you must submit
information where control requirements are not specified for operations
under the aerospace NESHAP, including the use of specialty coatings,
adhesives, adhesive bonding primers, or sealants.

However, this information request does not apply to aerospace
manufacturing or rework operations that are regulated under NESHAP other
than the aerospace NESHAP, with the exception of halogenated solvent
cleaning.  For example, you should not include in your response
information regarding chromium electroplating operations regulated under
the chromium electroplating NESHAP.

Please complete the forms included in this attachment for all of the
operations subject to this request and return them to:

U.S. Mail:

Ms. Kim Teal

U.S. EPA Mailroom (E143-03)

United States Environmental Protection Agency

Office of Air Quality Planning and Standards

Research Triangle Park, NC  27711

Express Mail:

Ms. Kim Teal

U.S. EPA Mailroom (E143-03)

109 T.W. Alexander Drive

Research Triangle Park, NC  27709

The questionnaire forms contained in this attachment are also available
in electronic format (Excel® spreadsheet) at [insert web address].  You
may e-mail a completed electronic file to   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>.

As discussed in the cover letter, if you believe that disclosure of any
specific information that you submit would reveal confidential business
information (CBI) or a trade secret, you should clearly identify such
specific information.  Please do not label an entire response
"confidential" if only certain portions consist of CBI or trade secrets.
 Enclosures 2, 3, and 5 contain more information about CBI.  If you
elect to provide this information via the electronic format and your
responses CBI, please mail a compact disc containing the files to the
address above.  Do not e-mail a file that contains CBI.

The questionnaire forms are separated into the following sections.

A.  Company and Facility Information

	A-1.  Parent Company Information

	A-2.  Facility Information

B.  Spray Booth Information

C.  Coatings Information

	C-1.  Coatings (English units)

	C-2.  Coatings (metric units)

D.  Chemical Milling and Metal Finishing Operations

E.  Cleaning Operations

	E-1.  Blast Depainting/Cleaning Operations

	E-2.  Solvent Depainting Operations

	E-3.  Solvent Cleaning Operations

F.  Composite Processing Operations

	F-1.  Composite Processing (English units)

	F-2.  Composite Processing (metric units)

G.  Storage Tanks

H.  Wastewater Treatment Operations

I.  Air Pollution Control Device Startup and Shutdown

J.  Control Devices

	J-1.  Electrostatic Precipitator

	J-2.  Scrubber

	J-3.  Mechanical Collector

	J-4.  Fabric Filter

	J-5.  Thermal Incinerator

	J-6.  Condenser

	J-7.  Carbon Adsorber

	J-8.  High Velocity Air Filter

	J-9.  Mist Eliminator

	J-10.  Ventilation System

	J-11.  Other

K.  Air Pollution Control Device Cost

II.  Instructions for Completing the Forms

All fields in the forms that apply to your operations must be completed,
even if you enter “N/A.”

For the purposes of this information request, all hazardous air
pollutants (HAP) concentrations and emissions are to be quantified.  Do
not report concentrations of emissions as “trace” or “minimal.”
If a concentration is at or below the applicable method’s detection
level, then provide information about the method (title and source), the
calculated detection level in units of the applicable raw material or
emissions concentration or mass rate, and the procedure for determining
the detection level.

Throughout these forms, many of the cells for your data input have
drop-down lists for you to choose an appropriate response.  If the
specific choice that characterizes your situation is not included in the
list, please select “other” and provide a description of your
situation in the comments section.

Form A-1.  Parent Company Information

Complete this form to identify the parent company of this facility.
This information will allow EPA to distinguish small businesses in any
economic analysis that may be required.  Section I, Question 8 (size of
parent company) is an important factor that EPA will use to identify
small businesses.  Please note that the total of all full-time and
part-time employees should be reported.  This information is required
for the parent company, not this facility.

The Regulatory Flexibility Act (Public Law 96-354, September 19, 1980)
(RFA) requires consideration of the impacts of regulations on small
businesses.  The major purpose of the RFA is to keep regulatory
requirements from getting out of proportion to the scale of the
businesses being regulated, without compromising the objectives of, in
this case, the Clean Air Act (CAA).  If a regulation is likely to have a
significant economic impact on a substantial number of small businesses,
EPA may, to the extent allowed by the CAA, give special consideration to
those small businesses when analyzing regulatory alternatives and
drafting a regulation.  The Small Business Administration uses
employment ranges to separate businesses into "large" and "small"
categories.  The actual cutoff between large and small facilities is
dependent on the NAICS code of the establishments in question.

Form A-2.  Facility Information

Provide the information requested in this form for this specific
facility.

Section I

In Question 1, provide the actual address (not the mailing address) of
this facility.  You must also provide latitude and longitude coordinates
for the facility.  Latitude and longitude must be reported in decimal
degrees to six decimal places.

Question 2 asks you to indicate whether this facility manufactures or
reworks aerospace components or parts.  If you answer “No” to this
question, please provide an explanation in the Comments section of what
activities are carried out at this facility and why you should not be
considered an aerospace manufacturing or rework facility.  If you answer
“No” then you do not have to complete any other parts of this
information request other than Forms A-1 and A-2.

Note that Question 2 is NOT asking whether the facility is subject to
the aerospace NESHAP.  If your facility performs any activities for the
manufacture or rework aerospace components or parts, you should answer
“Yes” to this question and complete the rest of the information
request.

Question 3 - Enter all applicable NAICS that apply to the aerospace
activities at this facility.  NAICS codes may be found at   HYPERLINK
"http://www.census.gov/eos/www/naics/"
http://www.census.gov/eos/www/naics/ .  Do not enter Standard Industrial
Classification codes.

Question 5 – Answer “Yes” or “No” whether this facility
manufactures or reworks aerospace components or parts for each of the
listed market segments.

Question 6 – Enter the typical operating schedule for this facility
for the reporting year (2008).  You may provide estimates if you do not
track the hours/day and days/year the facility is in operation.

Section II

Provide the name and contact information for the technical contact for
your response to this information request.  The technical contact should
be able to answer inquiries from EPA concerning any information provided
in your response.

Section III

Question 1 – Identify whether this facility is a major source of HAP
emissions.  Section 112(a)(1) of the CAA defines a major source “as
any stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the potential
to emit considering controls, in the aggregate,10 tons per year or more
of any HAP or 25 tons per year or more of any combination of HAP.”

Question 2 – If you answer “No” to Question 1 of this section,
specify whether the facility has a federally enforceable permit
limitation to limit HAP emissions to less than the major source
thresholds and, if so, identify any such limits.

Questions 3 and 4 – identify any non-aerospace products manufactured
at this facility.

Question 5 – As part of this project, EPA may conduct air dispersion
modeling of the emissions from facilities that respond to this
information request.  This modeling requires the input of the maximum
hourly emissions from each emission point.  However, we realize there
are typically a large number of emission points at aerospace
manufacturing and rework facilities, and determining the maximum hourly
emissions from each and every emission point could be difficult and
burdensome.  Rather than asking for maximum hourly emissions for each
emission point, we are instead requesting that you provide a single
multiplier that we can use to scale up average hourly emissions to
maximum hourly emissions.  We will determine average hourly emissions
from the data you provide in your response to this information request.
Therefore, you must provide a response to this question, even if the
multiplier you provide is 1.  You must also provide a description of how
you determined the multiplier in the comments section of this form.

Form B-1.  Spray Booth Information

This form has space for entering data for 10 spray booths.  If you are
providing data for more than 10 spray booths, please add additional
columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each spray booth.

Question 2 – Choose one of the booth types from the drop-down list.

Question 3 – Enter the latitude and longitude coordinates for the
location of this booth.  The coordinates must be in decimal degrees to
at least 6 decimal places.

Question 4 – Enter the overall dimensions in feet of the building in
which the booth is located (not the dimensions of the booth itself).

Question 5 – From the drop-down list, select “Cross Draft” if the
airflow exits from the side of the booth, or “Down Draft” if the
airflow exits from the bottom of the booth.

Question 6 – For the reporting year, enter the average number of hours
per day this booth is in operation.

Section II

Question 1 – From the drop-down list, select the type of particulate
filter system used for this booth.

Question 2-3 – Enter the particulate control efficiency for the
particulate filters, and indicate how that efficiency was determined.

Section III

Question 1 – Enter the latitude and longitude coordinates for the
location of the exhaust stack for this booth.  The coordinates must be
in decimal degrees to at least 6 decimal places.

Questions 2-5 – Enter the diameter and height of the exhaust stack in
feet, temperature of the exhaust stream in degrees Fahrenheit, and the
flow rate of the exhaust stream in actual cubic feet per minute.

Section IV

Complete this section if this spray booth is vented to a control device
that reduces the amount of organic emissions.

Question 1 – Enter a unique identification number of your choosing for
this control device.  You must also complete a Form J for this control
device and the identification number entered here must match the
identification number entered in Form J.

Question 2 – Choose the appropriate control device type from the
drop-down list.

Question 3-4 – Enter the capture efficiency for the organic emissions,
and indicate how that efficiency was determined.

Form C-1 and C-2.  Coatings

Use Form C-1 if you are reporting coating information in English units,
or use Form C-2 if you are reporting coating information in metric
units.  DO NOT complete both Form C-1 and Form C-2.

This form has space for entering data for 20 coatings.  If you are
providing data for more than 20 coatings, please add additional columns
as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each coating.

Question 4 – Enter whether this coating is regulated under the
aerospace NESHAP.

Question 5 – If you entered “Yes” for Question 4 of this section,
select the coating type from the drop-down list.  The coatings in the
drop-down list are the only ones regulated under the aerospace NESHAP,
so you must choose one of these coating types if you entered “Yes”
for Question 4.

Question 6 – If you entered “No” for question 4 of this section,
then the coating is a specialty coating.  Choose the appropriate
specialty coating type from the drop-down list.  If you select
“other,” you must provide a coating type in the comments section.

Section II

Question 1 – Enter the total volume of this coating that your facility
used for all coating operations (e.g., all spray booths) for the
reporting year.

Question 2 – Enter the requested physical property data for this
coating.  This information must be provided for the coating in its
as-applied condition.

Question 3 – Enter the name of each HAP (organic and inorganic)
contained in this coating, the Chemical Abstracts Service (CAS) Number
for the HAP, and the mass fraction of the HAP in the as-applied coating.
 If you do not know the CAS Number, it is often provided on the material
safety data sheet for the coating.  You may also find CAS Numbers at
HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound contained in a coating.  The correct reporting
method, particularly for chromium compounds, glycol ethers, and
polycyclic organic matter, is to report the specific compound (e.g.,
strontium chromate, ethylene glycol dibutyl ether) rather than the
general class of HAP (e.g., chromium compounds, glycol ethers).

This form has space for entering data for five HAP components of the
coating.  If this coating has more than five HAP components, please add
rows as necessary.

Section III

For each spray booth in which this coating was applied during the
reporting year, enter the booth identification number (must match the
identification number provided on Form B-1), and the percent of the
total usage of that coating applied in this booth.  The sum of the
percent usage by booth should equal 100 percent for each coating.  If a
portion of the coating was not applied in a spray booth, then the sum of
the percent usage by booth will be less than 100 percent.  In this case,
provide details in the comments section of the non-spray booth areas
where the coating was used including the latitude and longitude
coordinates, and volume of coating used in these areas. If your facility
does not maintain adequate records of the volume of coatings used by
spray booth, provide an engineering estimate and note this in the
comments section.

This form has space for entering coating usage for 10 spray booths.  If
this coating was applied in more than 10 spray booths, please add rows
as necessary.

Form D-1.  Chemical Milling and Metal Finishing Operations

Use this form to report HAP usage and emissions from chemical milling
and metal finishing operations.  Examples of metal finishing operations
include electrolytic nickel plating, anodizing, passivation, and
phosphating.  Report the requested information for each process tank/vat
that contains HAP in the chemical milling and metal finishing
operations.

This form has space for entering data for 10 tanks.  If you are
providing data for more than 10 tanks, please add additional columns as
necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each tank.

Question 2 – Enter the latitude and longitude coordinates for the
location of this tank.  The coordinates must be in decimal degrees to at
least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the tank is located (not the dimensions of the tank itself).

Question 4 – Enter a brief description of the purpose of this tank in
the chemical milling or metal finishing process (e.g., cleaning prior to
electroplating, electroplating of nickel).

Question 5 - For the reporting year, enter the average number of hours
per day this tank is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
contained in this tank, the CAS Number for the HAP, and the annual
emissions of the HAP from this tank.  If you do not know the CAS Number,
it is often provided on the material safety data sheet for the material
in the tank.  You may also find CAS Numbers at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for five HAPs.  If the material in
the tank has more than five HAP components, please add rows as
necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this tank, enter a unique identification number of your
choosing for this control device.  You must also complete a Form J for
this control device and the identification number entered here must
match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the organic emissions
and indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this tank.

Form E-1.  Blast Depainting/Cleaning Operations

Use this form to report HAP emissions from depainting and cleaning
operations that use blasting methods such as sand blasting, plastic bead
blasting, carbon dioxide blasting, sodium bicarbonate blasting, etc.

This form has space for entering data for three blasting operations.  If
you are providing data for more than three blasting operations, please
add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each blasting operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this blasting operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Question 3 – Identify where the blasting operation actually takes
place.  For example, the blasting operation could be located outside, in
a partially enclosed booth or hanger, in a fully enclosed booth, etc.

Question 4 – Specifically identify the blasting material used.  Be as
specific as possible.  For example, instead of reporting steel shot,
report specifics about shape and size such as round steel balls, 40-50
mesh.

Question 5 – Enter the overall dimensions in feet of the building in
which the blasting operation is located.

Question 6 – Enter a brief description of the purpose of this blasting
operation (e.g., rework operation to remove paint; cleaning to remove
oil and grease from parts).

Question 7 - For the reporting year, enter the average number of hours
per day this blasting operation is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
emitted by this blasting operation, the CAS Number for the HAP, and the
annual emissions of the HAP from this blasting operation.  If you do not
know the CAS Number, it is often provided on material safety data
sheets.  You may also find CAS Numbers at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for five HAPs.  If this blasting
operation emits more than five HAPs, please add rows as necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this blasting operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this blasting operation.

Form E-2.  Solvent Depainting Operations

Use this form to report HAP emissions from depainting operations that
use solvent materials (liquid materials as opposed to blasting
operations reported on Form E-1) to remove paint from aerospace
components.

This form has space for entering data for three depainting operations.
If you are providing data for more than three depainting operations,
please add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each depainting operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this depainting operation.  The coordinates must be in
decimal degrees to at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the depainting operation is located.

Question 4 – Enter a brief description of the purpose of this
depainting operation (e.g., remove paint from landing gear components,
depainting of aircraft exterior).

Question 5 - For the reporting year, enter the average number of hours
per day this depainting operation is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
emitted by this depainting operation, the CAS Number for the HAP, and
the annual emissions of the HAP from this depainting operation.  If you
do not know the CAS Number, it is often provided on material safety data
sheets.  You may also find CAS Numbers at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for five HAPs.  If this depainting
operation emits more than five HAPs, please add rows as necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this depainting operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this depainting operation.

Form E-3.  Solvent Cleaning Operations

Use this form to report HAP emissions from solvent cleaning operations
such as hand-wipe cleaning of aerospace components, cleaning of spray
guns, and cleaning of spray booths.

Do not report cleaning operations subject to the Halogenated Solvent
Cleaning NESHAP (40 CFR part 63, subpart T) on this form.  Use Form E-4
for those operations.

This form has space for entering data for three cleaning operations.  If
you are providing data for more than three cleaning operations, please
add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each cleaning operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this cleaning operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the cleaning operation is located.

Question 4 – Enter a brief description of the purpose of this cleaning
operation (e.g., cleaning of aerospace components after machining;
cleaning to remove protective oils).

Question 5 - For the reporting year, enter the average number of hours
per day this cleaning operation is in operation.

Section II

Question 1 – Enter the name of each HAP (organic and inorganic)
emitted by this cleaning operation, the CAS Number for the HAP, and the
annual emissions of the HAP from this cleaning operation.  If you do not
know the CAS Number, it is often provided on material safety data
sheets.  You may also find CAS Numbers at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for five HAPs.  If this cleaning
operation emits more than five HAPs, please add rows as necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this cleaning operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this cleaning operation.

Form E-4.  Halogenated Solvent Cleaning Operations

The EPA is requesting that you provide the information requested in Form
E-4 for all cleaning operations at your facility that are subject to the
Halogenated Solvent Cleaning NESHAP (40 CFR part 63, subpart T).  Even
though halogenated solvent cleaning operations are not subject to the
aerospace NESHAP, the EPA is concerned that some aerospace facilities
may have mistakenly reported emissions from these operations as
emissions from operations subject to the aerospace NESHAP in past
reporting to state or local agencies.  The EPA is currently evaluating
the residual risk from aerospace operations and halogenated solvent
cleaning operations.  In order to estimate the residual risk accurately
from each of these categories, the EPA is attempting to first develop
accurate emissions estimates.  Your efforts to properly report
halogenated solvent cleaning operations on Form E-4 and not on Form E-3
will play an important role in the EPA’s development of emissions
estimates for these two categories.

In order to assist you in determining which cleaning operations should
be reported on Form E-4, the following description is reproduced from §
63.460(a) identifying the sources subject to subpart T:

each individual batch vapor, in-line vapor, in-line cold, and batch cold
solvent cleaning machine that uses any solvent containing methylene
chloride (CAS No. 75–09–2), perchloroethylene (CAS No.
127–18–4), trichloroethylene (CAS No. 79–01–6),
1,1,1-trichloroethane (CAS No. 71–55–6), carbon tetrachloride (CAS
No. 56–23–5) or chloroform (CAS No. 67–66–3), or any combination
of these halogenated HAP solvents, in a total concentration greater than
5 percent by weight, as a cleaning and/or drying agent. The
concentration of these solvents may be determined using EPA test method
18, material safety data sheets, or engineering calculations. Wipe
cleaning activities, such as using a rag containing halogenated solvent
or a spray cleaner containing halogenated solvent are not covered under
the provisions of this subpart.

NOTE:  Not all cleaning operations that use methylene chloride,
perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon
tetrachloride, or chloroform are subject to subpart T.  Before reporting
a cleaning operation on this form, make sure that the cleaning operation
uses one or more of these halogenated solvents AND that the solvent is
used in a batch vapor, in-line vapor, in-line cold, or batch cold
solvent cleaning machine as these machines are defined in subpart T.

This form has space for entering data for three cleaning operations.  If
you are providing data for more than three cleaning operations, please
add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each cleaning operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this cleaning operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the cleaning operation is located.

Question 4 – Enter a brief description of the purpose of this cleaning
operation (e.g., cleaning of aerospace components after machining;
cleaning to remove protective oils).

Question 5 - For the reporting year, enter the average number of hours
per day this cleaning operation is in operation.

Section II

Question 1 – For each halogenated solvent listed, enter the annual
emissions of the HAP from this cleaning operation.

This form includes all six of the halogenated solvents covered under
subpart T.  Enter a value of zero for halogenated solvents not used in
this cleaning operation.

Question 2 – If a control device is used to reduce the emissions of
HAP from this cleaning operation, enter a unique identification number
of your choosing for this control device.  You must also complete a Form
J for this control device and the identification number entered here
must match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from this cleaning operation.

Forms F-1 and F-2.  Composite Processing Operations

Use Form F-1 if you are reporting resin information in English units, or
use Form F-2 if you are reporting resin information in metric units.  DO
NOT complete both Form F-1 and Form F-2.

This form has space for entering data for 10 resins used in composite
processing operations.  If you are providing data for more than 10
resins, please add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each resin.

Question 2 – Enter the name of the manufacturer of this resin

Question 3 – Enter the manufacturer’s name or designation for this
resin.

Section II

Question 1 – Enter the total volume of this resin that your facility
used for all composite processing operations for the reporting year.

Question 2 – Enter the requested physical property data for this
resin.  This information must be provided for the resin in its
as-applied condition.

Question 3 – Enter the name of each HAP (organic and inorganic)
contained in this resin, the CAS Number for the HAP, and the mass
fraction of the HAP in the as-applied resin.  If you do not know the CAS
Number, it is often provided on the material safety data sheet for the
resin.  You may also find CAS Numbers at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for five HAP components of the
resin.  If this resin has more than five HAP components, please add rows
as necessary.

Section III

For each spray booth in which this resin was applied during the
reporting year, enter the booth identification number (must match the
identification number provided on Form B-1), and the percent of the
total usage of that resin applied in this booth.  The sum of the percent
usage by booth must equal 100 percent for each resin.  If a portion of
the resin was not applied in a spray booth, then the sum of the percent
usage by booth will be less than 100 percent.  In this case, provide
details in the comments section of the non-spray booth areas where the
resin was used including the latitude and longitude coordinates, and
volume of resin used in these areas.   If your facility does not
maintain adequate records of the volume of resins used by spray booth,
provide an engineering estimate and note this in the comments section.

This form has space for entering resin usage for three spray booths.  If
this resin was applied in more than three spray booths, please add rows
as necessary.

Section IV

Question 1 – If a control device is used to reduce the emissions of
HAP from this composite processing operation, enter a unique
identification number of your choosing for this control device.  You
must also complete a Form J for this control device and the
identification number entered here must match the identification number
entered in the Form J.

Question 2 – Choose the appropriate control device type from the
drop-down list.

Question 3-4 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Form G-1.  Storage Tanks

Use this form to report HAP emissions from storage tanks used to store
materials used in aerospace manufacturing and rework operations (e.g.,
solvents used for cleaning or for thinning coatings, depainting
materials, waste treatment chemicals).  Tanks and mixing vessels in
centralized paint mixing and distribution rooms are considered storage
tanks for the purposes of this form.

Do not complete this form for the following:  1) storage tanks that did
not contain HAP during the reporting year; 2) storage tanks that contain
fuel for engines, boilers, or other combustion devices; 3) storage tanks
that operate at greater than atmospheric pressure; 4) storage tanks that
contain HAP only as impurities; 5) vessels used to transport materials
to the facility (e.g., 55 gallon drums of solvent as received from the
supplier); 6) tanks used to store or process wastewater (see Form H-1),
and tanks that are regulated under a NESHAP other than the Aerospace
Manufacturing and Rework NESHAP.

Section I

Question 1 – Enter a unique identification number of your choosing for
each tank.

Question 2 – Enter the type of tanks (e.g., fixed roof, internal
floating roof, external floating roof, etc.).

Question 3 – Enter the latitude and longitude coordinates for the
location of this tank.  The coordinates must be in decimal degrees to at
least 6 decimal places.

Question 4 – Enter the diameter and height of the tank.

Question 5 – Specifically identify the liquid stored in the tank.  Do
not enter a generic term such as “solvent.”  Rather, enter the
specific name of the stored liquid, such as “VM&P Naphtha.”  You may
enter the trade name of the stored liquid.

Question 6 – If this storage tank is located indoors, enter the
overall dimensions in feet of the building in which the tank is located.

Section II

Question 1 – Enter the annual throughput of the tank in gallons.  If
specific records are not available, you may estimate this value using
purchase records, production records, or engineering estimates.

Question 2 – Enter each HAP component stored in the tank, the mass
fraction of each HAP in the stored liquid, annual emissions of the HAP
(not of the entire liquid, unless the liquid consists only of this HAP),
and the method used to estimate the emissions.

You may use EPA’s TANKS Emissions Estimation Software to calculate
emissions from each tank.  The TANKS software is available at
HYPERLINK "http://www.epa.gov/ttn/chief/software/tanks/index.html"
http://www.epa.gov/ttn/chief/software/tanks/index.html .  If you use
TANKS to estimate emissions, you must provide all of the input values
you used, as well as the model outputs.

This form has space for entering data for five HAP components of the
stored liquid.  If the stored liquid has more than five HAP components,
please add rows as necessary.

Question 3 – If a control device is used to reduce the emissions of
HAP from this tank, enter a unique identification number of your
choosing for this control device.  You must also complete a Form J for
this control device and the identification number entered here must
match the identification number entered in the Form J.

Question 4 – Choose the appropriate control device type from the
drop-down list.

Question 5-6 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from each storage tank.

Form H-1.  Wastewater Treatment Operations

Use this form to report wastewater treatment operations for treating
wastewater generated by aerospace manufacturing and rework operations.
You only need to report those wastewater treatment operations that
either treat HAP-containing wastewater or that use HAP-containing
materials to treat wastewater.  Do not report those operations that
treat only wastewater from non-aerospace operations.

This form has space for entering data for 10 wastewater treatment tanks
or operations.  If you are providing data for more than 10 tanks or
operations, please add additional columns as necessary.

Section I

Question 1 – Enter a unique identification number of your choosing for
each wastewater processing tank or operation.

Question 2 – Enter the latitude and longitude coordinates for the
location of this tank or operation.  The coordinates must be in decimal
degrees to at least 6 decimal places.

Question 3 – Enter the overall dimensions in feet of the building in
which the tank or operation is located.

Question 4 – Describe the purpose of this tank or operation (e.g.,
adjust pH of wastewater prior to discharge; removal of heavy metals by
precipitation).

Question 5 – For the reporting year, enter the average number of hours
per day this tank or operation is in operation.

Section II

Question 1 – For each HAP (organic and inorganic) in the wastewater or
used in the treatment of the wastewater, enter the name of the HAP, the
CAS Number of the HAP, the annual emissions in pounds/year, and whether
the emissions are emitted through a stack or are fugitive emissions.

If you do not know the CAS Number, it is often provided on material
safety data sheets.  You may also find CAS Numbers at   HYPERLINK
"http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home
.do"
http://iaspub.epa.gov/sor_internet/registry/substreg/home/overview/home.
do .  There are also various other Internet sources that provide CAS
Numbers.

To avoid double counting, do not report the same HAP emissions under
different CAS Numbers or as different compounds.  For example, do not
report both “total chromium” and “hexavalent chromium” for a
single chromium compound.  The correct reporting method, particularly
for chromium compounds, glycol ethers, and polycyclic organic matter, is
to report the specific compound (e.g., strontium chromate, ethylene
glycol dibutyl ether) rather than the general class of HAP (e.g.,
chromium compounds, glycol ethers).

This form has space for entering data for five HAPs.  If this tank or
operation processes or uses more than five HAPs, please add rows as
necessary.

Question 2 – If a control device is used to reduce the emissions of
HAP from this tank or operation, enter a unique identification number of
your choosing for this control device.  You must also complete a Form J
for this control device and the identification number entered here must
match the identification number entered in the Form J.

Question 3 – Choose the appropriate control device type from the
drop-down list.

Question 4-5 – Enter the capture efficiency for the HAP emissions, and
indicate how that efficiency was determined.

Section III

Describe any work practices that you use to reduce the emissions of HAP
from each tank or operation.

Form I-1.  Startups and Shutdowns

This form is used to report startup and shutdown events that resulted in
excess HAP emissions AND that caused a NESHAP emission limit to be
exceeded or caused a deviation of any requirement of the NESHAP.  Each
aerospace manufacturing and rework operation that emits HAP and each
add-on control device used to reduce the emissions of HAP from aerospace
manufacturing and rework operations is subject to reporting on this
form.

For the purposes of this form, particulate filters and waterwash systems
used to capture overspray in paint spray booths are considered to be
add-on control devices.

The following examples are provided as guidance for which startup and
shutdown events must be reported:

Example 1:  A facility has several spray booths in which aerospace
primers and topcoats are applied.  The ventilation fans on each spray
booth are shut off when the booth is not being used and turned on again
when parts are ready to be coated.  No coating is applied when the fans
are not operating.  Even though each time the fans are turned on and off
is a startup or shutdown event, Form I-1 does not need to be completed.
Because no coatings are applied when the fan is not operating, emission
limits would not be exceeded during the startup and shutdown events.

Example 2:  A facility uses a thermal oxidizer to meet the 81 percent
organic HAP emission reduction requirement of 40 CFR 63.745(d) for
aerospace primer and topcoat operations.  The thermal oxidizer has been
shut down for maintenance.  Following the repairs, the thermal oxidizer
is restarted from a cold start, and the facility immediately starts to
apply primers and topcoats.  The emissions while the thermal oxidizer
was not at the operating temperature resulted in an exceedence of the 81
percent emission reduction requirement.  This event must be reported on
Form I-1.

Example 3:  A facility applies primers containing hexavalent chromium to
aerospace parts in a spray booth.  One operator turns off the
ventilation fan for the spray booth, but another operator is still in
the booth applying the primer.  This shutdown event must be reported on
Form I-1.

Provide the requested information if it is readily available.  You are
not required to perform additional testing or data gathering for these
events in order to complete this form.

Form J-1 to J-11.  Air Pollution Control Devices

Complete the appropriate form for each air pollution control device that
you use to reduce HAP emissions from aerospace manufacturing and rework
operations.  You are not required to complete these forms for
particulate filters and waterwash systems used to capture overspray in
paint spray booths.  Spray booth particulate filter information is
reported on Form B-1, Section II, Particulate Filters.

Provide the requested information if it is readily available.  You are
not required to perform any additional testing or data gathering in
order to complete these forms.

Form K-1.  Air Pollution Control Device Costs

Complete this form as completely as possible using readily available
information for each air pollution control device for which you
completed a Form J.

	  PAGE   \* MERGEFORMAT  1


[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16117-16121]
[FR Doc No: 2021-05948]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0193; Project Identifier MCAI-2020-01612-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in a European Union Aviation Safety Agency
(EASA), which is proposed for incorporation by reference. This proposed
AD would also require, for certain airplanes, an update of the
hydraulic monitoring system to include additional redundancy. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 10,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that will be incorporated by reference (IBR) in
this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. For Airbus SAS service information
identified in this proposed AD, contact Airbus SAS, Airworthiness
Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email
<EMAIL_ADDRESS>internet http://www.airbus.com. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0193.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0193; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0193; Project Identifier
MCAI-2020-01612-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Kathleen Arrigotti, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax<PHONE_NUMBER><EMAIL_ADDRESS>
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0268, dated December 4, 2020
(EASA AD 2020-0268) (also referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
EASA AD 2020-0268 refers to Airbus A350 Airworthiness Limitations
Section (ALS), Part 5, ``Fuel Airworthiness Limitations (FAL),''
Revision 04, dated May 29, 2020, and Airbus A350 ALS Part 5, ``Fuel
Airworthiness Limitations (FAL),'' Variation 4.1, dated September 15,
2020. Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after September 15, 2020,
must comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0193.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address the overheat failure mode of the hydraulic
engine-driven pump (EDP), which may cause a fast temperature rise of
the hydraulic fluid, and, if combined with an inoperative fuel tank
inerting system, could lead to an uncontrolled overheat of the
hydraulic fluid, possibly resulting in ignition of the fuel-air mixture
of the affected fuel tank. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0268 describes new or more restrictive airworthiness
limitations related to fuel tank ignition prevention and fuel tank
flammability reduction.
    This proposed AD would also require accomplishing a certain
airworthiness limitation using the following service information. These
documents are distinct since they apply to different airplane models.
     Airbus Service Bulletin A350-29-P025, dated August 10,
2020.
     Airbus Service Bulletin A350-29-P027, dated November 24,
2020.
     Airbus Service Bulletin A350-29-P029, dated December 16,
2020.
    The service information describes procedures for an update of the
hydraulic monitoring system to include additional redundancy (i.e.,
modifying the case-drain filter manifolds by installing new dual
temperature sensors on the hydraulic EDP). This service information is
reasonably available because the interested parties have

access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2020-0268 described previously, as incorporated by reference. Any
differences with EASA AD 2020-0268 are identified as exceptions in the
regulatory text of this AD. This proposed AD would require
accomplishing a certain airworthiness limitation using the Airbus
service information described previously.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions 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
(j)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0268
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0268 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD.
    Service information specified in EASA AD 2020-0268 that is required
for compliance with EASA AD 2020-0268 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0193 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in the
AMOCs paragraph under ``Other FAA Provisions.'' This new format
includes a ``New Provisions for Alternative Actions, Intervals, and
CDCCLs'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action,
interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD affects 15 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Labor cost                  Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 510 work-hours x $85 per     Up to $29,320.......  Up to $72,670......  Up to $1,090,050.
 hour = Up to $43,350.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. As a result, the FAA has included all
known costs in the cost estimate.

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus SAS: Docket No. FAA-2021-0193; Project Identifier MCAI-2020-
01612-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by May 10, 2021.

(b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category; with an original
airworthiness certificate or original export certificate of
airworthiness issued after September 15, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 29, Hydraulic power.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the overheat failure mode of the
hydraulic engine-driven pump, which may cause a fast temperature
rise of the hydraulic fluid, and, if combined with an inoperative
fuel tank inerting system, could lead to an uncontrolled overheat of
the hydraulic fluid, possibly resulting in ignition of the fuel-air
mixture of the affected fuel tank.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0268, dated December 4, 2020 (EASA AD 2020-0268).

(h) Exceptions to EASA AD 2020-0268

    (1) Where Section 6 of the service information referenced in
EASA AD 2020-0268 specifies to update the hydraulic monitoring
system ``to include additional redundancy to be installed (MOD
114073 and MOD 114075 OR 114531 and MOD 114075 OR MOD 114533 and MOD
114075 OR MOD 114535 and MOD 114075),'' this AD requires that the
update of the hydraulic monitoring system be accomplished using the
method of compliance specified in paragraphs (h)(1)(i) through (iv)
of this AD, as applicable.
    (i) For Model A350-941 airplanes identified in Airbus Service
Bulletin A350-29-P025 (MOD 114531 and MOD 114075): The modification
must be done in accordance with paragraphs 3.C., 3.D., and 3.E., of
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P025, dated August 10, 2020.
    (ii) For Model A350-941 airplanes identified in Airbus Service
Bulletin A350-29-P027 (MOD 114533 and MOD 114075): The modification
must be done in accordance with paragraphs 3.C., 3.D., and 3.E., of
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P027, dated November 24, 2020.
    (iii) For Model A350-941 airplanes identified in Airbus Service
Bulletin A350-29-P029 (MOD 114535 and MOD 114075): The modification
must be done in accordance with paragraphs 3.C., 3.D., and 3.E., of
the Accomplishment Instructions of Airbus Service Bulletin A350-29-
P029, dated December 16, 2020.
    (iv) For Model A350-941 airplanes not identified in paragraphs
(h)(1)(i) through (iii) of this AD, and without MOD 114073 and
114075 installed in production: The modification must be done using
a method approved by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (2) Where EASA AD 2020-0268 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0268 do not apply to this AD.
    (4) Paragraph (3) of EASA AD 2020-0268 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (5) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0268 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2020-0268, or within 90 days after the effective date of
this AD, whichever occurs later.
    (6) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0268 do not apply to this AD.
    (7) The ``Remarks'' section of EASA AD 2020-0268 does not apply
to this AD.

(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2020-0268.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any

approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0268, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. For Airbus SAS service information identified in
this proposed AD, contact Airbus SAS, Airworthiness Office--EAL,
Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>internet http://www.airbus.com. You
may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0193.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER><EMAIL_ADDRESS>
    Issued on March 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-05948 Filed 3-25-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Page 54131]
[FR Doc No: 2018-23378]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4393-DR; Docket ID FEMA-2018-0001]

North Carolina; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4393-DR), dated September 14,
2018, and related determinations.

DATES: This amendment was issued October 10, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective September 29, 2018.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-23378 Filed 10-25-18; 8:45 am]
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