[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Proposed Rules]
[Page 5258-5261]
[DOCID:fr02fe10-17]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 107

[Docket No. PHMSA-2009-0201 (HM-208H)]
RIN 2137-AE47

Hazardous Materials Transportation; Registration and Fee
Assessment Program

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: PHMSA is proposing to adjust the statutorily-mandated
registration and fee assessment program for persons who transport, or
offer for transportation, certain categories and quantities of
hazardous materials. PHMSA's proposal would provide that, for
registration years beginning in 2010-2011, the annual fee to be paid by
those registrants not qualifying as a small business or not-for-profit
organization would increase from $975 (plus a $25 administrative fee)
to $2,975 (plus a $25 administrative fee). The proposed fee increase is
necessary to fund the national Hazardous Materials Emergency
Preparedness (HMEP) grants program at its authorized level of
approximately $28,000,000.

DATES: Submit comments by March 4, 2010.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number
PHMSA-2009-0201 by any of the following methods:
     Fax:<PHONE_NUMBER>.
     Mail: Dockets Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand Delivery: U.S. Department of Transportation, Dockets
Operations, M-30, 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.
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    Instructions: Include the agency name and docket number PHMSA-2009-
0201 (HM-208H) or Regulatory Identification Number (RIN) RIN 2137-AE47
for this rulemaking at the beginning of your comment. All comments
received will be posted without change to http://www.regulations.gov
including any personal information provided. Persons wishing to receive
confirmation of receipt of their comments must include a self-addressed
stamped postcard.
    Docket: You may review the public docket through the Internet at
http://www.regulations.gov or in person at the Dockets Operations
office at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of
Hazardous Materials Planning and Analysis, PHMSA,<PHONE_NUMBER>, and
Ms. Deborah Boothe or Mr. Steven Andrews, Office of Hazardous Materials
Standards, PHMSA,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Since 1992 PHMSA has conducted a national registration program
under the mandate in 49 U.S.C. 5108 for persons who offer for
transportation or transport certain hazardous materials in intrastate,
interstate, or foreign commerce. The purposes of the registration
program are to gather information about the transportation of hazardous
materials, and to fund the Hazardous Materials and Emergency
Preparedness (HMEP) grants program and additional related activities.
See 49 U.S.C. 5108(b), 5116, 5128(b). PHMSA may set the annual
registration fee between a minimum of $250 and maximum of $3,000. See
49 U.S.C. 5108(a)(2), 5108(g)(2)(A).
    Since 2006, the annual registration fee has been set at $250 (plus
a $25 processing fee) for small businesses and not-for-profit
organizations and $975 (plus a $25 processing fee) for all other
registrants. See 49 CFR 107.612(d). Because PHMSA had accumulated a
surplus following a prior adjustment in 2000 (see 65 FR 7297, 7309
[Feb. 14, 2000]), notwithstanding a temporary reduction between 2003
and 2006, since Fiscal Year 2008, we have been able to fully fund the
obligation limit of $28,318, 000 in the Consolidated Appropriations Act
of 2008 (Pub. L. 110-116 [121 Stat. 1295], November 13, 2007), and the
Omnibus Appropriations Act, 2009 (Pub. L. 111-8 [123 Stat. 945], March
11, 2009). However, that surplus has now been reduced to $1,500,000,
and it is necessary to adjust registration fees in order to collect
additional monies in the 2010-2011 and following registration years and
fully fund the current authorization and expected budget requests of
$28.3 million for Fiscal Years beginning in 2010. This can be done by
leaving the annual registration fee at $250 (plus a $25 processing fee)
for those persons who are a small business or not-for-profit
organization and increasing to $2,975 (plus a $25 processing fee) the
annual fee paid by all other persons required to register.

II. HMEP Grants Program

A. Purpose and Achievements of the HMEP Grants Program

    The HMEP grants program, as mandated by 49 U.S.C. 5116, provides
Federal financial and technical assistance to States and Indian tribes
to ``develop, improve, and carry out emergency plans'' within the
National Response System and the Emergency Planning and Community
Right-To-Know Act of 1986 (Title III), 42 U.S.C. 11001 et seq. The
grants are used to: (1) Develop, improve, and implement emergency
plans; (2) train public sector hazardous materials emergency response
employees to respond to accidents and incidents involving hazardous
materials; (3) determine flow patterns of hazardous materials within a
state and between states; and (4) determine the need within a state for
regional hazardous materials emergency response teams.
    The HMEP grants program encourages the growth of the hazardous
materials planning and training programs of state, local, and tribal
governments by limiting the Federal funding to 80 percent of the cost a
state or Indian tribe incurs to carry out the activity for which the
grant is made. See 49 U.S.C. 5116(e).

HMEP grants supplement the amount already being provided by the state
or Indian tribe. By accepting an HMEP grant, the state or tribe makes a
commitment to maintain its previous level of support. See 49 U.S.C.
5116(a)(2)(A) and 5116(b)(2)(A).
    Since 1993, PHMSA has awarded all states and territories and 45
Native American tribes planning and training grants totaling $203
million. These grants helped to:
     Train 2,420,000 hazardous materials responders;
     Conduct 9,282 commodity flow studies;
     Write or update more than 55,826 emergency plans;
     Conduct 13,372 emergency response exercises; and
     Assist 25,059 local emergency planning committees (LEPCs)
or approximately 1,670 per year.
    Since the beginning of the program, HMEP program funds have also
supported the following related activities in the total amounts
indicated:
     $3.4 million for the development and periodic updating of
a national curriculum used to train public sector emergency response
and preparedness teams. The curriculum guidelines, developed by a
committee of Federal, state, and local experts, include criteria for
establishing training programs for emergency responders at five
progressively more skilled levels: (1) First responder awareness, (2)
first responder operations, (3) hazardous materials technician, (4)
hazardous materials specialist, and (5) on-scene commander.
     $2.6 million to monitor public sector emergency response
planning and training for hazardous materials incidents, and to provide
technical assistance to state or Indian tribe emergency response
training and planning for hazardous materials incidents.
     $7.6 million for periodic updating and distribution of the
North American Emergency Response Guidebook. This guidebook provides
immediate information on initial response to hazardous materials
incidents, and is distributed free of charge to the response community.
     $3.5 million for the International Association of Fire
Fighters (IAFF) to train instructors to conduct hazardous materials
response training programs.

B. Funding of the HMEP Grants Program

    An estimated 800,000 shipments of hazardous materials make their
way through the national transportation system each day. It is
impossible to predict when and where a hazardous materials incident may
occur or what the nature of the incident may be. This potential threat
requires state and local agencies to develop emergency plans and train
emergency responders on the broadest possible scale.
    The HMEP training grants are essential for providing adequate
training of persons throughout the nation who are responsible for
responding to emergencies involving the release of hazardous materials.
There are over 2 million emergency responders requiring initial
training or periodic recertification training, including 250,000 paid
firefighters, 850,000 volunteer firefighters, 725,000 law enforcement
officers, and 500,000 emergency medical services (EMS) providers. Due
to the high turnover rates of emergency response personnel, there is a
continuing need to train a considerable number of recently recruited
responders at the most basic level.
    In addition, training at more advanced levels is essential to
ensure that emergency response personnel are capable of effectively and
safely responding to serious releases of hazardous materials. The
availability of funding for the HMEP grants program will encourage
state, tribal, and local agencies to provide more advanced training.
    The funding for HMEP grants will enable PHMSA to help meet
previously unmet needs of state, local and tribal governments, and
public and private trainers by providing for the following activities
authorized by law:
     $21,800,000 for training and planning grants;
     A new $4,000,000 grant program for non-profit hazmat
employee organizations to train hazmat instructors who will train
hazmat employees;
     $1,000,000 for grants to support certain national
organizations to train instructors to conduct hazardous materials
response training programs, an increase of $750,000;
     $625,000 for revising, publishing, and distributing the
North American Emergency Response Guidebook;
     $188,000 for continuing development of a national training
curriculum; and
     $150,000 for monitoring and technical assistance;
     $555,000 for administrative support.

III. Summary of Proposal To Fund HMEP

    A registration fee system should: (1) Be simple, straightforward,
and easily implemented and enforced; (2) employ an equity factor
reflecting the differences in level of risk to the public and the
financial impact associated with the business activities of large and
small businesses; and (3) ensure adequate funding for the HMEP grants
program. PHMSA considered the following alternatives for maintaining
the funds available for the HMEP grants program: (1) To increase the
fee for all businesses offering for transportation or transporting the
covered hazardous materials, and (2) to maintain the current fee for
small businesses and not-for-profit organizations while adjusting the
fee for larger businesses.
    PHMSA believes adjusting the fee solely for larger, for-profit
businesses is the best approach to meet the objectives listed above.
Although there are exceptions, small businesses and not-for-profit
organizations generally offer for transportation or transport fewer and
smaller hazardous materials shipments as compared to larger companies.
Raising the registration fee only for other-than-small businesses
rather than for all businesses correlates the fee structure to the
level of risk associated with shipments offered for transportation and
transported by larger companies.
    Moreover, increasing the registration fees only for other-than-
small businesses will affect significantly fewer entities and will
affect entities that can more easily absorb the increase. Presently,
PHMSA has received approximately 41,000 registrations for each
registration year. Small businesses and not-for-profit organizations
make up 83%, or 34,025 of the registrants, while large businesses make
up 17%, or 6,975, of the registrants.
    Accordingly, PHMSA is proposing to increase the registration fees
for persons other than small businesses from $975 (plus $25 processing
fee) to $2,975 (plus $25 processing fee) for registration year 2010-
2011 and following, in order to maintain the statutorily mandated goal
of funding the HMEP grants program activities at approximately
$28,000,000.

IV. Multi-Year Registrations

    We allow a person to register for up to three years in one
registration statement (49 CFR 107.612(c)). PHMSA has received
approximately 2,100 advance registrations for the 2010-2011
registration year from other-than-small businesses that have paid the
fee previously established for those years. Approximately 1,250 also
included advance registrations for the 2011-2012 registration year.
PHMSA applies fees according to the fee structure ultimately
established by regulation for the registration year rather than
according to the fee set at the time of payment.

Thus, if PHMSA adopts the increase in registration fees proposed in
this NPRM, additional fees would be required for registrations paid in
advance at the lower levels in effect at the time of payment. When
PHMSA lowered the fees for all registrants in 2003, PHMSA provided more
than 7,100 refunds amounting to over $2.3 million within the first year
to registrants who had overpaid the newly established fees. If PHMSA
adopts this proposal, PHMSA will notify each registrant who will be
required to pay additional fees for the 2010-2011 and following
registration years.

V. Prior Year Registration Information

    PHMSA proposes to revise Sec.  107.612 to remove information on
previous years' registration fees. This information is no longer
needed. Information on fees in effect for registration years 1999-2000
to 2009-2010 is available in the registration brochure, previous
editions of the CFR, and on the registration Web site (http://
www.phmsa.dot.gov/hazmat/registration). Note that persons subject to
registration requirements must pay the annual registration fee,
including the processing fee, in effect for the specific registration
year for which the person is submitting registration information.

VI. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This proposed rule is published under the authority of the Federal
hazardous materials transportation law (Federal hazmat law; 49 U.S.C.
5101 et seq.). Section 5108 of the Federal hazmat law authorizes the
Secretary of Transportation to establish a registration program to
collect fees to fund HMEP grants. The HMEP grants program, as mandated
by 49 U.S.C. 5116, authorizes Federal financial and technical
assistance to states and Indian tribes to ``develop, improve, and carry
out emergency plans'' within the National Response System and the
Emergency Planning and Community Right-To-Know Act of 1986 (Title III),
42 U.S.C. 11001 et seq.
    The Federal hazmat law makes available funding for the HMEP grants
program at approximately $28,000,000, and directs PHMSA to establish an
annual registration fee between a minimum of $250 and a maximum of
$3,000.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and, therefore, was
not subject to formal review by the Office of Management and Budget.
This proposed rule is considered non-significant under the Regulatory
Policies and Procedures of the Department of Transportation (44 FR
11034).
    The cost to industry of increasing registration fees will be an
additional $14 million per year. The funding for the HMEP grants
program will provide essential training of persons throughout the
nation who are responsible for responding to emergencies involving the
release of hazardous materials. In addition, training at more advanced
levels is essential to assure emergency response personnel are capable
of effectively and safely responding to serious releases of hazardous
materials. The funding for the HMEP grants will enable PHMSA to help
meet previously unmet needs of state, local and tribal governments, and
public and private trainers by providing funding for activities such
as: (1) Planning and training grants for local emergency planning
committees; (2) a new program for non profit hazmat employee
organizations to train hazmat instructors that will train hazmat
employees; (3) support to certain national organizations to train
instructors to conduct hazardous materials response training programs;
(4) revising, publishing, and distributing the North American Emergency
Response Guidebook; (5) continuing development of a national training
curriculum; and (6) monitoring and technical assistance.
    While the safety benefits resulting from improved emergency
response programs are difficult to quantify, PHMSA believes these
benefits significantly outweigh the annual cost of funding the grants
program. The importance of planning and training cannot be
overemphasized. To a great extent, we are a nation of small towns and
rural communities served by largely volunteer fire departments. In many
instances, communities' response resources already are overextended in
their efforts to meet routine emergency response needs. The planning
and training programs funded by the HMEP grants program enable state
and local emergency responders to respond quickly and appropriately to
hazardous materials transportation accidents, thereby mitigating
potential loss of life and property and environmental damage. The
regulatory evaluation to the final rule issued under Docket HM-208 (57
FR 30620) showed that the benefits to the public and to the industry
from the emergency response grant program would at least equal, and
likely exceed, the annual cost of funding the grant program. Based on
estimates of annual damages and losses resulting from hazardous
materials transportation accidents, the analysis concluded that the
HMEP program would be cost-beneficial if it were only 3% effective in
reducing either the frequency or severity of the consequences of
hazardous materials transportation accidents. Achieving this level of
effectiveness is well within the success rates of training and planning
programs to reduce errors and increase the proficiency and productivity
of response personnel. A regulatory evaluation for this proposed rule
is available for review in the public docket.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(Federalism). There is no preemption of state fees on transporting
hazardous materials that meet the conditions of 49 U.S.C. 5125(f). This
proposed rule does not propose any regulation having substantial direct
effects on the states, the relationship between the national government
and the states, or the distribution of power and responsibilities among
the various levels of government. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply.

D. Executive Order 13175

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13175
(Consultation and Coordination with Indian Tribal Governments). Because
this proposed rule does not have adverse tribal implications and does
not impose direct compliance costs, the funding and consultation
requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze regulations and assess their impact on small
businesses and other small entities to determine whether the rule is
expected to have a significant impact on a substantial number of small
entities. The provisions of this rule apply specifically to businesses
not falling within the small entities category. Therefore, PHMSA
certifies this rule would not have a significant economic impact on a
substantial number of small entities.

F. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more, in the aggregate, to any of the following:
State, local, or Native American tribal governments, or the private
sector.

G. Paperwork Reduction Act

    Under 49 U.S.C. 5108(i), the information management requirements of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) do not apply to
this proposed rule.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document may be used to cross-reference this action with the
Unified Agenda.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. There are no significant environmental impacts associated
with this proposed rule. PHMSA is proposing in this rule changes to the
requirements in the Hazardous Materials Regulations on the registration
and fee assessment program for persons who transport or offer for
transportation certain categories and quantities of hazardous
materials. The proposed increase in registration fees will provide
additional funding for the HMEP program to help mitigate the safety and
environmental consequences of hazardous materials transportation
accidents.

J. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comments (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.regulations.gov.

List of Subjects in 49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

    In consideration of the foregoing, we propose to amend 49 CFR Part
107 as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 continues to read as
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.

    2. Revise Sec.  107.612 to read as follows:

Sec.  107.612  Amount of fee.

    (a) For the registration year 2010-2011 and subsequent years, each
person offering for transportation or transporting in commerce a
material listed in Sec.  107.601(a) must pay an annual registration
fee, as follows:
    (1) Small business. Each person that qualifies as a small business,
under criteria specified in 13 CFR part 121 applicable to the North
American Industry Classification System (NAICS) code that describes
that person's primary commercial activity, must pay an annual
registration fee of $250 and the processing fee required by paragraph
(a)(4) of this section.
    (2) Not-for-profit organization. Each not-for-profit organization
must pay an annual registration fee of $250 and the processing fee
required by paragraph (a)(4) of this section. A not-for-profit
organization is an organization exempt from taxation under 26 U.S.C.
501(a).
    (3) Other than a small business or not-for-profit organization.
Each person that does not meet the criteria specified in paragraph
(a)(1) or (a)(2) of this section must pay an annual registration fee of
$2,975 and the processing fee required by paragraph (a)(4) of this
section.
    (4) Processing fee. The processing fee is $25 for each registration
statement filed. A single statement may be filed for one, two, or three
registration years as provided in Sec.  107.616(c).
    (b) For registration years 2009-2010 and prior years, each person
offering for transportation or transporting in commerce a material
listed in Sec.  107.601(a) must pay the annual registration fee,
including the processing fee, in effect for the specific registration
year.

    Issued in Washington, DC, on January 28, 2010, under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2010-2174 Filed 2-1-10; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Notices]
[Page 29602-29603]
[DOCID:fr26my10-106]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-25]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before June 15, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0134 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility 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.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the

comments received into any of our dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility 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: Laverne Brunache<PHONE_NUMBER> or
Tyneka Thomas<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 21, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2010-0134.
    Petitioner: Al's Aerial Spraying, LLC.
    Section of 14 CFR Affected: 14 CFR 137.51.
    Description of Relief Sought: Al's Aerial Spraying, LLC., requests
relief to utilize single engine Pratt & Whitney PT-6 turboprop powered
Air Tractor aircraft to takeoff and make turnarounds over congested
areas in a loaded configuration.

[FR Doc. 2010-12639 Filed 5-25-10; 8:45 am]
BILLING CODE 4910-13-P


1 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite Title 40, chapter I, of the Code of Federal Regulations is revised as follows:

PART 51  [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401  7671q.

2. Part 51 is revised by revising § 51.122 of subpart G to read as follows:

§ 51.122 Emissions reporting requirements for SIP revisions relating to budgets for NOX emissions.

( a) For its transport SIP revision under § 51.121 of this part, each State must submit to EPA NOX emissions data as described in this section.

( b) Each revision must provide for periodic reporting by the State of NOX emissions data to demonstrate whether the State's emissions are consistent with the projections contained in its approved SIP submission.

( 1) Annual reporting. Each revision must provide for annual reporting of NOX emissions data as follows:

( i) The State must report to EPA emissions data from all NOX sources within the State for which the State specified control measures in its SIP submission under § 51.121( g) of this part.

This would include all sources for which the State has adopted 2 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite measures that differ from the measures incorporated into the baseline inventory for the year 2007 that the State developed in accordance with § 51.121( g) of this part.

( ii) If sources report NOX emissions data to EPA annually pursuant to a trading program approved under § 51.121( p) of this part or pursuant to the monitoring and reporting requirements of subpart H of 40 CFR part 75, then the State need not provide annual reporting to EPA for such sources.

( 2) Triennial reporting. Each plan must provide for triennial ( i. e., every third year) reporting of NOX emissions data from all sources within the State.

( 3) The data availability requirements in § 51.116 of this part must be followed for all data submitted to meet the requirements of paragraphs ( b)( 1) and ( 2) of this section.

( c) The data reported in paragraph ( b) of this section for stationary point sources must meet the following minimum criteria:

( 1) For annual data reporting purposes the data must include the following minimum elements:

( i) Inventory year.

( ii) State Federal Information Placement System code.

( iii) County Federal Information Placement System code.

( iv) Federal ID code ( plant). 3 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( v) Federal ID code ( point).

( vi) Federal ID code ( process).

( vii) Federal ID code ( stack).

( vii) Site name.

( viii) Physical address.

( ix) SCC.

( x) Pollutant code.

( xi) Ozone season emissions.

( xii) Area designation.

( 2) In addition, the annual data must include the following minimum elements as applicable to the emissions estimation methodology.

( i) Fuel heat content ( annual).

( ii) Fuel heat content ( seasonal).

( iii) Source of fuel heat content data.

( iv) Activity throughput ( annual).

( v) Activity throughput ( seasonal).

( vi) Source of activity/ throughput data.

( vii) Spring throughput (%).

( viii) Summer throughput (%).

( ix) Fall throughput (%).

( x) Work weekday emissions.

( xi) Emission factor. 4 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( xii) Source of emission factor.

( xiii) Hour/ day in operation.

( xiv) Operations Start time ( hour).

( xv) Day/ week in operation.

( xvi) Week/ year in operation.

( 3) The triennial inventories must include the following data elements:

( i) The data required in paragraphs ( c)( 1) and ( c)( 2) of this section.

( ii) X coordinate ( longitude).

( iii) Y coordinate ( latitude).

( iv) Stack height.

( v) Stack diameter.

( vi) Exit gas temperature.

( vii) Exit gas velocity.

( viii) Exit gas flow rate.

( ix) SIC.

( x) Boiler/ process throughput design capacity.

( xi) Maximum design rate.

( xii) Maximum capacity.

( xiii) Primary control efficiency.

( xiv) Secondary control efficiency.

( xv) Control device type. 5 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( d) The data reported in paragraph ( b) of this section for non point sources must include the following minimum elements:

( 1) For annual inventories it must include:

( i) Inventory year.

( ii) State FIPS code.

( iii) County FIPS code.

( iv) SCC.

( v) Emission factor.

( vi) Source of emission factor.

( vii) Activity/ throughput level( annual).

( viii) Activity throughput level( seasonal).

( ix) Source of activity/ throughput data.

( x) Spring throughput (%).

( xi) Summer throughput (%).

( xii) Fall throughput (%).

( xiii) Control efficiency (%).

( xiv) Pollutant code.

( xv) Ozone season emissions.

( xvi) Source of emissions data.

( xvii) Hour/ day in operation.

( xviii) Day/ week in operation.

( xix) Week/ year in operations.

( 2) The triennial inventories must contain, at a minimum, 6 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite all the data required in paragraph ( d)( 1) of this section.

( e) The data reported in paragraph ( b) of this section for mobile sources must meet the following minimum criteria:

( 1) For the annual and triennial inventory purposes, the following data must be reported:

( i) Inventory year.

( ii) State FIPS code.

( iii) County FIPS code.

( iv) SCC ( v) Emission factor.

( vi) Source of emission factor.

( vii) Activity ( this must be reported for both highway and nonroad activity. Submit nonroad activity in the form of hours of activity at standard load ( either full load or average load)

for each engine type, application, and horsepower range. Submit highway activity in the form of vehicle miles traveled ( VMT) by vehicle class on each roadway type. Report both highway and nonroad activity for a typical ozone season weekday day, if the State uses EPA's default weekday/ weekend activity ratio. If the State uses a different weekday/ weekend activity ratio, submit separate activity level information for weekday days and weekend days.)

( viii) Source of activity data. 7 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( ix) Pollutant code.

( x) Summer work weekday emissions.

( xi) Ozone season emissions.

( xii) Source of emissions data.

( 2) [ Reserved.]

( f) Approval of ozone season calculation by EPA. Each State must submit for EPA approval an example of the calculation procedure used to calculate ozone season emissions along with sufficient information for EPA to verify the calculated value of ozone season emissions.

( g) Reporting schedules.

( 1) Data collection is to begin during the ozone season 1 year prior to the State's NOX SIP Call compliance date.

( 2) Reports are to be submitted according to paragraph ( b)

of this section and the schedule in Table 1. After 2008,

trienniel reports are to be submitted every third year and annual reports are to be submitted each year that a trienniel report is not required.

Table 1. Schedule for Submitting Reports Data Collection Year Type of Report Required 2002 Trienniel 2003 Annual 2004 Annual 8 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite 2005 Trienniel 2006 Annual 2007 Annual 2008 Trienniel ( 3) States must submit data for a required year no later than 12 months after the end of the calendar year for which the data are collected.

( h) Data Reporting Procedures. When submitting a formal NOX budget emissions report and associated data, States shall notify the appropriate EPA Regional Office.

( 1) States are required to report emissions data in an electronic format to EPA. Several options are available for data reporting. States can obtain information on the current formats at the following Internet address: http:// www. epa. gov/ ttn/ chief, by calling the EPA Info CHIEF help desk at ( 919) 541 1000 or by sending an email to info. chief@ epa. gov. Because electronic reporting technology continually changes, States are to contact the Emission Inventory Group ( EIG) for the latest specific formats.

( 2) For annual reporting ( not for triennial reports), a State may have sources submit the data directly to EPA to the extent the sources are subject to a trading program that 9 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite qualifies for approval under § 51.121( q) of this part, and the State has agreed to accept data in this format. The EPA will make both the raw data submitted in this format and summary data available to any State that chooses this option.

( i) Definitions. As used in this section, the following words and terms shall have the meanings set forth below:

( 1) Annual emissions. Actual emissions for a plant, point,

or process, either measured or calculated.

( 2) Ash content. Inert residual portion of a fuel.

( 3) Area designation. The designation of the area in which the reporting source is located with regard to the ozone NAAQS.

This would include attainment or nonattainment designations. For nonattainment designations, the classification of the nonattainment area must be specified, i. e., transitional,

marginal, moderate, serious, severe, or extreme.

( 4) Boiler design capacity. A measure of the size of a boiler, based on the reported maximum continuous steam flow.

Capacity is calculated in units of MMBtu/ hr.

( 5) Control device type. The name of the type of control device ( e. g., wet scrubber, flaring, or process change).

( 6) Control efficiency. The emissions reduction efficiency of a primary control device, which shows the amount of reductions of a particular pollutant from a process' emissions due to 10 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite controls or material change. Control efficiency is usually expressed as a percentage or in tenths.

( 7) Day/ week in operations. Days per week that the emitting process operates.

( 8) Emission factor. Ratio relating emissions of a specific pollutant to an activity or material throughput level.

( 9) Exit gas flow rate. Numeric value of stack gas flow rate.

( 10) Exit gas temperature. Numeric value of an exit gas stream temperature.

( 11) Exit gas velocity. Numeric value of an exit gas stream velocity.

( 12) Fall throughput (%). Portion of throughput for the 3 fall months ( September, October, November). This represents the expression of annual activity information on the basis of four seasons, typically spring, summer, fall, and winter. It can be represented either as a percentage of the annual activity ( e. g.,

production in summer is 40 percent of the year's production), or in terms of the units of the activity ( e. g., out of 600 units produced, spring = 150 units, summer = 250 units, fall = 150 units, and winter = 50 units).

( 13) Federal ID code ( plant). Unique codes for a plant or facility, containing one or more pollutant emitting sources. 11 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( 14) Federal ID code ( point). Unique codes for the point of generation of emissions, typically a physical piece of equipment.

( 15) Federal ID code ( stack number). Unique codes for the point where emissions from one or more processes are released into the atmosphere.

( 16) Federal Information Placement System ( FIPS). The system of unique numeric codes developed by the government to identify States, counties, towns, and townships for the entire United States, Puerto Rico, and Guam.

( 17) Heat content. The thermal heat energy content of a solid, liquid, or gaseous fuel. Fuel heat content is typically expressed in units of Btu/ lb of fuel, Btu/ gal of fuel, joules/ kg of fuel, etc.

( 18) Hr/ day in operations. Hours per day that the emitting process operates.

( 19) Maximum design rate. Maximum fuel use rate based on the equipment's or process' physical size or operational capabilities.

( 20) Maximum nameplate capacity. A measure of the size of a generator which is put on the unit's nameplate by the manufacturer. The data element is reported in megawatts ( MW) or kilowatts ( KW). 12 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( 21) Mobile source. A motor vehicle, nonroad engine or nonroad vehicle, where:

( i) Motor vehicle means any self propelled vehicle designed for transporting persons or property on a street or highway;

( ii) Nonroad engine means an internal combustion engine ( including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 111 or section 202 of the CAA;

( iii) Nonroad vehicle means a vehicle that is powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for competition.

( 22) Ozone season. The period May 1 through September 30 of a year.

( 23) Physical address. Street address of facility.

( 24) Point source. A non mobile source which emits 100 tons of NOX or more per year unless the State designates as a point source a non mobile source emitting at a specified level lower than 100 tons of NOX per year. A non mobile source which emits less NOX per year than the point source threshold is a non point source.

( 25) Pollutant code. A unique code for each reported pollutant that has been assigned in the EIIP Data Model. 13 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite Character names are used for criteria pollutants, while Chemical Abstracts Service ( CAS) numbers are used for all other pollutants. Some States may be using storage and retrieval of aerometric data ( SAROAD) codes for pollutants, but these should be able to be mapped to the EIIP Data Model pollutant codes.

( 26) Process rate/ throughput. A measurable factor or parameter that is directly or indirectly related to the emissions of an air pollution source. Depending on the type of source category, activity information may refer to the amount of fuel combusted, the amount of a raw material processed, the amount of a product that is manufactured, the amount of a material that is handled or processed, population, employment, number of units, or miles traveled. Activity information is typically the value that is multiplied against an emission factor to generate an emissions estimate.

( 27) SCC. Source category code. A process level code that describes the equipment or operation emitting pollutants.

( 28) Secondary control efficiency (%). The emissions reductions efficiency of a secondary control device, which shows the amount of reductions of a particular pollutant from a process' emissions due to controls or material change. Control efficiency is usually expressed as a percentage or in tenths. 14 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( 29) SIC. Standard Industrial Classification code. U. S.

Department of Commerce's categorization of businesses by their products or services.

( 30) Site name. The name of the facility.

( 31) Spring throughput (%). Portion of throughput or activity for the 3 spring months ( March, April, May). See the definition of Fall Throughput.

( 32) Stack diameter. Stack physical diameter.

( 33) Stack height. Stack physical height above the surrounding terrain.

( 34) Start date ( inventory year). The calendar year that the emissions estimates were calculated for and are applicable to.

( 35) Start time ( hour). Start time ( if available) that was applicable and used for calculations of emissions estimates.

( 36) Summer throughput (%). Portion of throughput or activity for the 3 summer months ( June, July, August). See the definition of Fall Throughput.

( 37) Summer work weekday emissions. Average day's emissions for a typical day.

( 38) VMT by Roadway Class. This is an expression of vehicle activity that is used with emission factors. The emission factors are usually expressed in terms of grams per mile of 15 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite travel. Since VMT does not directly correlate to emissions that occur while the vehicle is not moving, these non moving emissions are incorporated into EPA's MOBILE model emission factors.

( 39) Week/ year in operation. Weeks per year that the emitting process operates.

( 40) Work Weekday. Any day of the week except Saturday or Sunday.

( 41) X coordinate ( longitude).  An object's east west geographical coordinate.

( 42) Y coordinate ( latitude).  An object's north south geographical coordinate.

3. Part 51 is revised by adding § 51.125 to Subpart G to read as follows:

§ 51.125 Emissions reporting requirements for SIP revisions relating to budgets for SO2 and NOX emissions.

( a) For its transport SIP revision under § 51.123 and/ or 51.124 of this part, each State must submit to EPA SO2 and/ or NOX emissions data as described in this section.

( 1) Alabama, Florida, Georgia, Illinois, Indiana, Iowa,

Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi,

Missouri, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, Wisconsin and the District of Columbia, must report annual ( 12 months) 16 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite emissions of SO2 and NOX.

( 2) Arkansas, Deleware, Florida, Iowa, Lousianna,

Mississippi and New Jersey must report ozone season ( May 1 through September 30) emissions of NOX.

( b) Each revision must provide for periodic reporting by the State of SO2 and/ or NOX emissions data as specified in paragraph ( a) of this section to demonstrate whether the State's emissions are consistent with the projections contained in its approved SIP submission.

( 1) Every year reporting cycle. As applicable, each revision must provide for reporting of SO2 and NOX emissions data every year as follows:

( i) The States identified in paragraph ( a)( 1) of this section must report to EPA annual emissions data every year from all SO2 and NOX sources within the State for which the State specified control measures in its SIP submission under § § 51.123 and/ or 51.124 of this part.

( ii) The States identified in paragraph ( a)( 2) of this section must report to EPA ozone season and summer daily emissions data every year from all NOX sources within the State for which the State specified control measures in its SIP submission under § 51.123 of this part.

( iii) If sources report SO2 and NOX emissions data to EPA in 17 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite a given year pursuant to a trading program approved under § 51.123( o) or § 51.124( o) of this part or pursuant to the monitoring and reporting requirements of 40 CFR part 75, then the State need not provide annual reporting of these pollutants to EPA for such sources.

( 2) Three year reporting cycle. As applicable, each plan must provide for triennial ( i. e., every third year) reporting of SO2 and NOX emissions data from all sources within the State.

( i) The States identified in paragraph ( a)( 1) of this section must report to EPA annual emissions data every third year from all SO2 and NOX sources within the State.

( ii) The States identified in paragraph ( a)( 2) of this section must report to EPA ozone season and ozone daily emissions data every third year from all NOX sources within the State.

( 3) The data availability requirements in § 51.116 of this part must be followed for all data submitted to meet the requirements of paragraphs ( b)( 1) and( 2) of this section.

( c) The data reported in paragraph ( b) of this section must meet the requirements of subpart A of this part.

( d) Approval of annual and ozone season calculation by EPA.

Each State must submit for EPA approval an example of the calculation procedure used to calculate annual and ozone season emissions along with sufficient information for EPA to verify the 18 Section VII 3/ 4/ 2005 DRAFT Do Not Quote or Cite calculated value of annual and ozone season emissions.

( e) Reporting schedules.

( 1) Reports are to begin with data for emissions occurring in the year 2008, which is the first year of the 3 year cycle.

( 2) After 2008, 3 year cycle reports are to be submitted every third year and every year cycle reports are to be submitted each year that a triennial report is not required.

( 3) States must submit data for a required year no later than 17 months after the end of the calendar year for which the data are collected.

( f) Data reporting procedures are given in subpart A. When submitting a formal NOX budget emissions report and associated data, States shall notify the appropriate EPA Regional Office.

( g) Definitions. As used in this section, " ozone season" is defined as follows:

( 1) Ozone season.  The five month period from May 1 through September 30.

Other words and terms shall have the meanings set forth in appendix A of subpart A of this part.


[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Rules and Regulations]
[Page 11439-11441]
[DOCID:fr11mr10-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0649; Directorate Identifier 2008-NM-218-AD;
Amendment 39-16225; AD 2010-06-01]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A319, A320, and A321
Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Two incidents [of near mid-air collision] have occurred on
Airbus A320 Family aircraft during [a] Resolution Advisory with
Traffic Alert and Collision Avoidance System (TCAS). One of the
Human-Machine Interface (HMI) factors was the lack of visibility of
relevant information on the Primary Flight Display (PFD).
    This condition, if not corrected, could result in erroneous
interpretation of TCAS Resolution Advisories, leading to an
increased risk of mid-air collision.
* * * * *
    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective April 15, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 15,
2010.

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

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 15, 2009 (74 FR
34274). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Two incidents [of near mid-air collision] have occurred on
Airbus A320 Family aircraft during [a] Resolution Advisory with
Traffic Alert and Collision Avoidance System (TCAS). One of the
Human-Machine Interface (HMI) factors was the lack of visibility of
relevant information on the Primary Flight Display (PFD).
    This condition, if not corrected, could result in erroneous
interpretation of TCAS Resolution Advisories, leading to an
increased risk of mid-air collision.
    EIS1 [Electronic Instrument System] software standard V60
introduces modifications to the vertical speed indication to further
improve the legibility in the case of TCAS Resolution Advisory. This
modification consists of a change in the needle colour and thickness
and an increase in width of the TCAS green band.
    For the reasons described above, this AD requires the
introduction of the new software standard V60 and prohibits
reinstallation of earlier software versions V32, V40 and V50.

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

Comments

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

Support for the NPRM

    Air Line Pilots Association (ALPA), International, supports the
intent of the AD.

Request To Shorten the Proposed Compliance Time

    ALPA states that the proposed 60-month compliance time is
excessive, given that Airbus Mandatory Service Bulletin A320-31-1286
was issued in January, 2008. Based on the safety benefits of the AD as
well as the minimal labor required to comply with

the AD, ALPA recommends a 12-month compliance time. ALPA further states
that a 12-month requirement would be the same as a similar AD for the
EIS2 (AD 2009-23-05, Amendment 39-16077, 74 FR 57578, November 9,
2009).
    We disagree with the request to reduce the proposed compliance
time. In developing the proposed compliance time, we considered the
scope of work, the safety implications, the average utilization rate of
the affected fleet, the maintenance schedules of the operators, and the
availability of required modification parts. In addition, this AD which
requires modification of the EIS1 has a longer compliance time, versus
that for AD 2009-23-05 which requires modification of the EIS2, because
the EIS1 modification specified in this AD includes a requirement to
reprogram the erasable programmable read only memory (EPROM) (for
certain configurations) in addition to replacing or reprogramming the
on-board replaceable module (OBRM) required by both ADs. We have not
changed the AD in this regard.

Request To Change the Proposed Costs of Compliance

    Air Transport Association (ATA), on behalf of its member Northwest
Airlines (NWA), states that the estimated costs of compliance in the
NPRM are inaccurate, and that the software will cost $14,460 per
airplane ($4,820 for each of the 3 display management computers (DMC)
per airplane).
    We agree. We have verified these cost figures and have revised the
Costs of Compliance section of this AD accordingly.

Request To Include Later Software Revisions

    ATA, on behalf of NWA, requests that we revise the NPRM to allow
installation of subsequent revision levels of the EIS1 software. NWA
states that it understands that Airbus is working on a new DMC standard
(version 70) as an upgrade to the version 60 referred to in the NPRM,
and that the safety concerns given in the NPRM are with prior versions
of the software (versions 32, 40, and 50).
    We do not agree to revise the NPRM to allow later versions of
software in the AD. We cannot allow installation of later software
versions that have not yet been approved in an AD. However, under the
provisions of paragraph (g)(1) of the final rule, we will consider
requests for approval of an alternative method of compliance if
sufficient data are submitted to substantiate that the new compliance
method would provide an acceptable level of safety. We have not changed
the AD in this regard.

Conclusion

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

Differences Between This AD and the MCAI or Service Information

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

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect about 564 products of U.S.
registry. We also estimate that it will take about 4 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Required parts will cost about $14,460
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $8,347,200, or $14,800 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-06-01 Airbus: Amendment 39-16225. Docket No. FAA-2009-0649;
Directorate Identifier 2008-NM-218-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
15, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, and -232 airplanes; certificated in any
category; all manufacturer serial numbers (MSN); equipped with
electronic instrument system 1 (EIS1) standard V32 (display
management computer (DMC)) part number (P/N)<PHONE_NUMBER>), EIS1
standard V40 (DMC P/N<PHONE_NUMBER>), or EIS1 standard V50 (DMC P/N
9615325050).

Subject

    (d) Air Transport Association (ATA) of America Code 31:
Instruments.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    ``Two incidents [of near mid-air collision] have occurred on
Airbus A320 Family aircraft during [a] Resolution Advisory with
Traffic Alert and Collision Avoidance System (TCAS). One of the
Human-Machine Interface (HMI) factors was the lack of visibility of
relevant information on the Primary Flight Display (PFD).
    ``This condition, if not corrected, could result in erroneous
interpretation of TCAS Resolution Advisories, leading to an
increased risk of mid-air collision.
    ``EIS1 software standard V60 introduces modifications to the
vertical speed indication to further improve the legibility in the
case of TCAS Resolution Advisory. This modification consists of a
change in the needle colour and thickness and an increase in width
of the TCAS green band.
    ``For the reasons described above, this AD requires the
introduction of the new software standard V60 and prohibits
reinstallation of earlier software versions V32, V40 and V50.''

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 60 months after the effective date of this AD, modify
the airplane by installing EIS1 software standard V60 (DMC P/N
9615325060), in accordance with the instructions of Airbus Mandatory
Service Bulletin A320-31-1286, dated January 22, 2008.
    (2) After modifying the airplane as required by paragraph (f)(1)
of this AD, no person shall install EIS1 software standard V32 (DMC
P/N<PHONE_NUMBER>), EIS1 software standard V40 (DMC P/N<PHONE_NUMBER>), or
EIS1 software standard V50 (DMC P/N<PHONE_NUMBER>) on that airplane.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to Attn: Tim
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq., the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0198, dated November 4, 2008; and Airbus Mandatory
Service Bulletin A320-31-1286, dated January 22, 2008; for related
information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A320-31-1286,
dated January 22, 2008, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; e-mail<EMAIL_ADDRESS>Internet
http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on February 25, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-4876 Filed 3-10-10; 8:45 am]
BILLING CODE 4910-13-P