[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Page 55950]
[FR Doc No: 2019-22791]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-75-000]

Oasis Alta, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Oasis Alta, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 31, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 11, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22791 Filed 10-17-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Proposed Rules]
[Pages 54739-54743]
[FR Doc No: 2015-22862]

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

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

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

Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0400; FRL-9933-80-Region 6]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque-Bernalillo County; Infrastructure and Interstate Transport
State Implementation Plan for the 2008 Lead National Ambient Air
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Under the Federal Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to approve a State Implementation
Plan (SIP) submission from the Governor of New Mexico for the City of
Albuquerque-Bernalillo County for the 2008 Lead (Pb) National Ambient
Air Quality Standards (NAAQS). The submittal addresses how the existing
SIP provides for implementation, maintenance, and enforcement of the
2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that
the State's SIP for Albuquerque-Bernalillo County is adequate to meet
the state's responsibilities under the CAA, including the four CAA
requirements for interstate transport of Pb emissions.

DATES: Written comments must be received on or before October 13, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2012-0400, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Tracie Donaldson at<EMAIL_ADDRESS>     Mail or delivery: Mary Stanton, Chief, Air Grants Section
(6PD-S), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0400. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit electronically any information
that you consider to be CBI or other information whose disclosure is
restricted by statute. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. Multimedia submissions (audio, video, etc.)
must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e. on
the web, cloud, or other file sharing system). For additional
information on submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, telephone 214-665-
6633<EMAIL_ADDRESS>To inspect the hard copy materials,
please schedule an appointment with her or Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On October 5, 1978, we published the first NAAQS for lead (Pb) (43
FR 46246). Both the primary and secondary standards were set at 1.5
micrograms per cubic meter ([micro]g/m3). In 2008, following a periodic
review of the NAAQS for lead, we published a revised, more stringent
NAAQS of 0.15 [micro]g/m3 for both the primary and secondary standards
(73 FR 66964, November 13, 2008). For more information on these
standards, please see the Technical Support Document (TSD) and EPA Web
site http://epa.gov/airquality/lead.
    Each state must submit an i-SIP within three years after the
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA
includes a list of specific elements the i-SIP must meet. EPA issued
guidance addressing the i-SIP elements for NAAQS.\1\ The Governor of
New Mexico on behalf of Albuquerque-Bernalillo County submitted an i-
SIP revision on May 2, 2012 to address this revised NAAQS, including a
demonstration that the SIP met the four statutory requirements for
interstate transport of Pb emissions.
---------------------------------------------------------------------------

    \1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) for
the 2008 Pb NAAQS,'' Memorandum from Stephen D. Page, October 14,
2011, http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
---------------------------------------------------------------------------

    EPA is proposing to approve the Albuquerque-Bernalillo County, New
Mexico i-SIP submittal for the 2008 Pb NAAQS \2\ as meeting the
requirements

for an i-SIP, including the requirements for interstate transport of Pb
emissions
---------------------------------------------------------------------------

    \2\ Additional information on: The history of Pb, its levels,
forms and, determination of compliance; EPA's approach for reviewing
i-SIPs; the details of the SIP submittal and EPA's evaluation; the
effect of recent court decisions on i-SIPs; the statute and
regulatory citations in the New Mexico SIP specific to this review;
the specific i-SIP applicable CAA and EPA regulatory citations;
Federal Register Notice citations for New Mexico SIP approvals; New
Mexico's minor New Source Review program and EPA approval
activities; and New Mexico's Prevention of Significant Deterioration
(PSD) program can be found in the Technical Support Document (TSD).
---------------------------------------------------------------------------

II. EPA's Evaluation of New Mexico's i-SIP and Interstate Transport
Submittal

    Below is a summary of EPA's evaluation of the Albuquerque-
Bernalillo County, New Mexico i-SIP for each applicable element of
110(a)(2) A-M. The Albuquerque-Bernalillo County Air Quality Control
Board (Air Board) provided a demonstration of how the existing
Albuquerque-Bernalillo County, New Mexico SIP met all the requirements
of the 2008 Pb NAAQS on May 2, 2012. This SIP submission became
complete by operation of law on November 2, 2013. See CAA section
110(k)(1)(B).
    (A) Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, schedules for compliance and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\3\
---------------------------------------------------------------------------

    \3\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2008 Pb NAAQS. Those
SIP provisions are due as part of each state's attainment plan, and
will be addressed separately from the requirements of section
110(a)(2)(A). In the context of an infrastructure SIP, EPA is not
evaluating the existing SIP provisions for this purpose. Instead,
EPA is only evaluating whether the state's SIP has basic structural
provisions for the implementation of the NAAQS.
---------------------------------------------------------------------------

    Legislative authority for Albuquerque-Bernalillo County's air
quality program, codified in Chapter 74 Environmental Improvement,
Article 2, Air Pollution, of the New Mexico statutes, gives the Air
Board and the Albuquerque Environmental Health Department's Air Quality
Program (AQP) the authority to implement the CAA in Albuquerque-
Bernalillo County, New Mexico. Enforceable emission limitations and
other control measures are authorized by the New Mexico Air Quality
Control Act (AQCA) which established the Air Board and those provisions
of New Mexico Administrative Code (NMAC) Title 20, Environmental
Protection, Chapter 11, Albuquerque-Bernalillo County Air Quality
Control Board. They can adopt emission standards and compliance
schedules applicable to regulated entities; emission standards and
limitations and any other measures necessary for attainment and
maintenance of national standards; and, enforce applicable laws,
regulations, standards and compliance schedules, and seek injunctive
relief within the boundaries of Bernalillo County. This authority has
been employed to adopt and submit multiple revisions to the
Albuquerque-Bernalillo County, New Mexico State Implementation Plan.
The approved SIP for Albuquerque-Bernalillo County, New Mexico is
documented at 40 CFR 52.1620, Subpart GG.
    (B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of monitoring data, and providing the
data to EPA upon request.
    The AQCA provides AQP with the authority to monitor ambient air
quality in the county (NMSA 1978, section 74-2-5). AQP maintains a
monitoring network for the NAAQS and submits an annual Network
Assessment to EPA. The network includes one monitor for Pb. AQP's 2014
Air Monitoring Network Plan is the most recently EPA-approved network
monitoring plan and was approved by EPA on February 3, 2015. All
monitoring data is measured using EPA approved methods and subject to
the EPA quality assurance requirements. AQP submits all required data
to EPA, in accordance with EPA rules. The monitoring network was
approved into the SIP (46 FR 4005, August 6, 1981). AQP conducts an
assessment of the monitoring network every 5 years. Data is available
upon request and in the EPA Air Quality System (AQS) database.
    (C) Program for enforcement. The SIP must include the following
three elements: (1) A program providing for enforcement of the measure
in paragraph A above; (2) a program for the regulation of the
modification and construction of stationary sources as necessary to
protect the applicable NAAQS (i.e., state-wide permitting of minor
sources); and (3) a permit program to meet the major source permitting
requirements of the CAA (for areas designated as attainment or
unclassifiable for the NAAQS in question).\4\
---------------------------------------------------------------------------

    \4\ As discussed in further detail in the TSD.
---------------------------------------------------------------------------

    (1) Enforcement of SIP Measures. As noted in (A), the state
statutes provide authority for the AQP to enforce the requirements of
the AQCA within Albuquerque-Bernalillo County, and any regulations,
permits, or final compliance orders. Its statutes also provide the AQP
with general enforcement powers. Among other things, they can file
lawsuits to compel compliance with the statutes and regulations;
commence civil actions; issue field citations; conduct investigations
of regulated entities; collect criminal and civil penalties; develop
and enforce rules and standards related to protection of air quality;
issue compliance orders; pursue criminal prosecutions; investigate,
enter into remediation agreements; and issue emergency cease and desist
orders. The AQAC also provides additional enforcement authorities and
funding mechanisms.
    (2) Minor New Source Review (NSR). The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. Albuquerque-Bernalillo County's minor NSR
permitting requirements are approved as part of the SIP.\5\
---------------------------------------------------------------------------

    \5\ EPA is not proposing to approve or disapprove Albuquerque-
Bernalillo County's existing minor NSR program to the extent that it
may be inconsistent with EPA's regulations governing this program.
EPA has maintained that the CAA does not require that new
infrastructure SIP submissions correct any defects in existing EPA-
approved provisions of minor NSR programs in order for EPA to
approve the infrastructure SIP for element C (e.g., 76 FR 41076-
41079). EPA believes that a number of states may have minor NSR
provisions that are contrary to the existing EPA regulations for
this program. The statutory requirements of section 110(a)(2)(C)
provide for considerable flexibility in designing minor NSR
programs.
---------------------------------------------------------------------------

    (3) Prevention of Significant Deterioration (PSD) permit program.
Albuquerque-Bernalillo County's PSD portion of the SIP covers all NSR
regulated pollutants as well as the requirements for the 2008 Pb NAAQS
and has been approved by EPA.\6\ In a recent action, EPA approved
revisions that address the requirements of the EPA's May 2008, July
2010, and October 2012 PM2.5 PSD Implementation Rules and to
incorporate revisions consistent with the EPA's March 2011 Fugitives
Interim Rule, July 2011 Greenhouse Gas (GHG) Biomass Deferral Rule, and
July 2012 GHG Tailoring Rule Step 3 and GHG PALs Rule (see docket EPA-
R06-OAR-2013-0616 in www.regulations.gov).
---------------------------------------------------------------------------

    \6\ As discussed further in the TSD.
---------------------------------------------------------------------------

    (D) Interstate and international transport: The requirements for
interstate transport of Pb emissions are that the SIP contain adequate
provisions prohibiting Pb emissions to other states which will (1)
contribute significantly to nonattainment of the NAAQS, (2) interfere
with maintenance of the NAAQS, (3) interfere with measures required to
prevent significant

deterioration or (4) interfere with measures to protect visibility (CAA
110(a)(2)(D)(i)).
    With respect to significant contribution to nonattainment or
interference with maintenance of the Pb NAAQS, the physical properties
of Pb, which is a metal and very dense, prevent Pb emissions from
experiencing a significant degree of travel in the ambient air. No
complex chemistry is needed to form Pb or Pb compounds in the ambient
air; therefore, ambient concentrations of Pb are typically highest near
Pb sources. More specifically, there is a sharp decrease in ambient Pb
concentrations as the distance from the source increases. According to
EPA's report entitled Our Nation's Air: Status and Trends Through 2010,
Pb concentrations that are not near a source of Pb are approximately 8
times less than the typical concentrations near the source.\7\ For
these reasons, EPA believes that the interstate transport requirements
pertaining to significant contribution to nonattainment or interference
with maintenance of the Pb NAAQS can be satisfied through a state's
assessment as to whether a lead source located within its state in
close proximity to a state border has emissions that contribute
significantly to the nonattainment in or interfere with maintenance of
the NAAQS in the neighboring state. Albuquerque-Bernalillo County has
stated as such in its submission.
---------------------------------------------------------------------------

    \7\ http://www.epa.gov/airtrends/2011/report/fullreport.pdf.
---------------------------------------------------------------------------

    There are no areas within Albuquerque-Bernalillo County that are
designated as nonattainment with respect to the 2008 Pb NAAQS, and
there are no significant sources of Pb emissions within the County that
emit Pb in amounts equal to or exceeding 0.5 tons per year, nor sources
of Pb emissions within two miles of a neighboring state line. Total Pb
emissions within Albuquerque-Bernalillo County in 2011 were less than
two tons, and most of the Pb-emitting sources within the State are
general aviation airports where aviation gasoline containing tetra-
ethyl lead is still in use. Therefore, we deem that Albuquerque-
Bernalillo County has presumptively satisfied the interstate transport
requirements pertaining to significant contribution to nonattainment or
interference with maintenance of the Pb NAAQS.
    With respect to the interstate transport and PSD requirement, we
note that Albuquerque-Bernalillo County's satisfaction of the
applicable infrastructure SIP PSD requirements for attainment/
unclassifiable areas with regards to the 2008 Pb NAAQS have been
detailed in the section addressing section 110(a)(2)(C). Therefore, we
deem that the SIP has presumptively satisfied the interstate transport
and PSD requirement.
    With regard to the applicable requirement for interstate transport
and visibility protection, significant impacts from Pb emissions from
stationary sources are expected to be limited to short distances from
the source and most, if not all, stationary sources of Pb emissions are
located at sufficient distances from Class I areas such that visibility
impacts would be negligible. Although Pb can be a component of coarse
and fine particles, Pb generally comprises only a small fraction of
coarse and fine particles. A recent EPA study conducted to evaluate the
extent that Pb could impact visibility concluded that Pb-related
visibility impacts at Class I areas were found to be insignificant
(e.g., less than 0.10%).\8\ Given this information, that there are no
significant point sources of Pb emissions and that the County is not
near an interstate border we deem the SIP meets the interstate
transport and visibility protection.
---------------------------------------------------------------------------

    \8\ Analysis by Mark Schmidt, OAQPS, ``Ambient Pb's Contribution
to Class I Area Visibility Impairment,'' June 17, 2011.
---------------------------------------------------------------------------

    Section 110(a)(2)(D)(ii) also requires that the SIP ensure
compliance with the applicable requirements of sections 126 and 115 of
the CAA, relating to interstate and international pollution abatement,
respectively. Section 126(a) of the CAA requires new or modified
sources to notify neighboring states of potential impacts from sources
within the State. Albuquerque-Bernalillo County regulations require
that affected states, tribes and federal land managers receive notice
prior to the commencement of any construction or significant
modification of a major source. In addition, no source or sources
located in Albuquerque-Bernalillo County have been identified by EPA as
having any interstate impacts under section 126 in any pending actions
relating to any air pollutant.
    Section 115 of the CAA authorizes EPA to require a state to revise
its SIP under certain conditions to alleviate international transport
into another country. There are no final findings under section 115 of
the CAA against New Mexico with respect to any air pollutant. Thus, the
State's SIP does not need to include any provisions to meet the
requirements of section 115.
    Based upon review of the State's infrastructure SIP submission for
the 2008 Pb NAAQS, and relevant statutory and regulatory authorities
and provisions referenced in the submission or referenced in New
Mexico's SIP, EPA believes that Albuquerque-Bernalillo County has the
adequate infrastructure needed to address sections 110(a)(2)(D)(i)(I)
and (II) (all 4 interstate transport requirements), and
110(a)(2)(D)(ii) for the 2008 Pb NAAQS and is proposing to approve this
element of the May 2, 2012, submission.
    (E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) requirements
relating to state boards; and (3) necessary assurances that the state
has responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan.
    Both elements A and E address the requirement that there is
adequate authority to implement and enforce the SIP and that there are
no legal impediments.
    This i-SIP submission for the 2008 Pb NAAQS describes the SIP
regulations governing the various functions of personnel within the AQP
and the Air Board, including the administrative, technical support,
planning, enforcement, and permitting functions of the program.
    With respect to funding, the resources to carry out the plan are
provided through General Funds, Permit Fees and the CAA grant process.
Permit Fees are collected under the authority of section 74-2-7.
    As required by the CAA and the Environmental Improvement Act (EIA),
the SIP stipulates that any members of the board or body, or the head
of an agency with similar powers, adequately disclose any potential
conflicts of interest. NMSA 1978 section 74-1-4 provides the Air Board
contain at least a majority of members who represent the public
interest and do not derive any significant portion of their income from
persons subject to or who appear before the board on issues related to
the CAA or the Air Act. Board members are required to recuse themselves
from rule-makings in which their impartiality may reasonably be
questioned.
    With respect to assurances that the Air Board has responsibility to
implement the SIP adequately when it

authorizes local or other agencies to carry out portions of the plan,
the EIA and the AQCA designate the Air Board as the primary air
pollution control agency within Albuquerque-Bernalillo County. The
statutes allow for local agencies to carry out some or all of the Act's
responsibilities.
    The Albuquerque-Bernalillo County Air Quality Control Board assumes
jurisdiction for local administration and enforcement of the AQCA in
Bernalillo County. There are Albuquerque/Bernalillo County SIP
provisions which are part of the New Mexico SIP.\9\
---------------------------------------------------------------------------

    \9\ Albuquerque/Bernalillo County SIP http://yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&Start=1&Count=30&Collapse=4.4#4.4
orhttps://www.law.cornell.edu/cfr/text/40/52.1620.
---------------------------------------------------------------------------

    (F) Stationary source monitoring system: The SIP requires the
establishment of a system to monitor emissions from stationary sources
and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.
    Requirements in 20.11.47 NMAC, Emission Inventory Requirements
provide for the reporting of emissions inventories in a format
established by AQP on a schedule prescribed by the regulation. There
also are SIP state regulations pertaining to sampling and testing and
requirements for reporting of emissions inventories. In addition, SIP
rules establish general requirements for maintaining records and
reporting emissions. This information is used to track progress towards
measuring the NAAQS, developing control and maintenance strategies,
identifying sources and general emission levels, and determining
compliance with SIP regulations and additional EPA requirements.
    (G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
    The AQCA provides the New Mexico Environment Department with
authority to address environmental emergencies, inclusive of
contingency plans to implement emergency episode provisions.
    Pursuant to 40 CFR 51, Subpart H, Prevention of Air Pollution
Emergency Episodes, on January 26, 1989, the Air Board adopted the Air
Pollution Contingency Plan for Bernalillo County [8/21/91, 56 FR 38074;
40 CFR 52.1639, Prevention of Air Emergency Episodes], which is part of
the SIP, which covers air pollution episodes and the occurrence of an
emergency due to the effects of the pollutants on the health of
persons.
    (H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
    Albuquerque-Bernalillo County's SIP is a compilation of
regulations, plans and submittals that act to improve and maintain air
quality in accordance with national standards. The authority to develop
or revise the SIP is based on the authority to adopt new regulations
and revise existing regulations to meet the NAAQS. NMSA 1978 section
74-7-5 gives the board the authority to perform these functions.
Section 74-7-5 also gives the board the authority to adopt regulations
to abate, control and prohibit air pollution throughout Albuquerque-
Bernalillo County in accordance with the State Rules Act. Nothing in
New Mexico's statutory or regulatory authority prohibits Albuquerque-
Bernalillo County from revising the SIP in the event of a revision to
the NAAQS. The AQCA specifically requires revisions to the SIP if the
scenarios set forth in Section 110(a)(2)(H) occur.
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
    As noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. Instead, EPA will take action on part D
attainment plan SIP submissions through a separate rulemaking process
governed by the requirements for nonattainment areas, as described in
part D. The Albuquerque-Bernalillo County nonattainment new source
review (NNSR) provisions required for the 2008 Pb NAAQS and other NAAQS
were approved as part of the SIP (72 FR 20728, April 26, 2007).
    Additionally, Albuquerque-Bernalillo County presently does not
contain any non-attainment areas for Pb.
    (J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
requirements: (1) Relating to interagency consultation regarding
certain CAA requirements; (2) relating to public notification of NAAQS
exceedances and related issues; and, (3) prevention of significant
deterioration of air quality and visibility protection.
    (1) Interagency consultation: As required by the AQCA, there must
be a public hearing before the adoption of any regulations or emission
control requirements and all interested persons must be given a
reasonable opportunity to submit data, view documents, or argue orally
or in writing and to examine testimony of witnesses from the hearing.
In addition, the AQAC provides for the power and duty to ``advise,
consult, contract with and cooperate with local authorities, other
states, the federal government and other interested persons or groups
in regard to matters of common interest in the field of air quality
control . . . ''. Furthermore, New Mexico's PSD SIP rules mandate
public participation and notification regarding permitting applications
to any other state or local air pollution control agencies, local
government officials of the city or county where the source will be
located, tribal authorities, and Federal Land Managers (FLMs) whose
lands may be affected by emissions from the source or modification. The
State's Transportation Conformity SIP rules also provide procedures for
interagency consultation, resolution of conflicts, and public
notification.
    (2) Public Notification: The i-SIP provides the SIP regulatory
citations requiring the Air Board to regularly notify the public of
instances or areas in which any NAAQS are exceeded, advise the public
of the health hazard associated with such exceedances, and enhance
public awareness of measures that can prevent such exceedances and ways
in which the public can participate in efforts to improve air quality.
20.11.82 NMAC, Rulemaking Procedures--Air Quality Board, stipulates
notice requirements for rulemaking and is used as a guide for notice
requirements when adopting SIPs.

    (3) PSD and Visibility Protection: The PSD requirements here are
the same as those addressed under (C). The Albuquerque-Bernalillo
County, New Mexico SIP requirements relating to visibility and regional
haze are not affected when EPA establishes or revises a NAAQS.
Therefore, EPA believes that there are no new visibility protection
requirements due to the revision of the NAAQS, and consequently there
are no newly applicable visibility protection obligations pursuant to
infrastructure element J after the promulgation of a new or revised
NAAQS.
    (K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
    AQP has the duty, authority and technical capability to conduct air
quality modeling, pursuant to the AQCA, in order to assess the effect
on ambient air quality of relevant pollutant emissions; and can provide
relevant data as part of the permitting and NAAQS implementation
process. AQP follows EPA guidelines for air dispersion modeling. Upon
request, AQP will submit current and future data relating to air
quality modeling to EPA.
    (L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under the CAA, to cover the cost of
reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until a fee program
established by the state pursuant to title V of the CAA, relating to
operating permits, is approved by EPA.
    The fee requirements of 20.11.2 NMAC have been approved by EPA as
meeting the CAA requirements and were incorporated into the
Albuquerque-Bernalillo County, New Mexico SIP [4/10/80, 45 FR 24468].
Albuquerque-Bernalillo County's title V operating permit program
codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/
8/04 [FR vol. 69, No. 173, pp. 54244-47]. In addition, see element (E)
above for the description of the mandatory collection of permitting
fees outlined in the SIP.
    (M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
    New Mexico State Statute Section 74-2-5.2 State Air Pollution
Control Agency; Specific Duties and Powers of the Department, states
that, ``The department is the state air pollution control agency for
all purposes under federal legislation relating to pollution. The
department is required to ``advise, consult, contract and cooperate
with local authorities, other states, the federal government and other
interested persons or groups in regard to matters of common interest in
the field of air quality control.'' Also see element (J) above for a
discussion of the SIP's public participation process, the authority to
advise and consult, and the PSD SIP's public participation
requirements.

III. Proposed Action

    EPA is proposing to approve the May 2, 2012, infrastructure SIP
submission from Albuquerque-Bernalillo County, New Mexico, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 Pb NAAQS. Specifically, EPA is proposing to
approve the following infrastructure elements: 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not proposing
action pertaining to section 110(a)(2)(I)--Nonattainment Area Plan or
Plan Revisions as EPA believes this need not be addressed in the i-SIP.
Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions or referenced in Albuquerque-Bernalillo County,
New Mexico's SIP, EPA believes that Albuquerque-Bernalillo County, New
Mexico has the infrastructure in place to address all applicable
required elements of sections 110(a)(1) and (2) to ensure that the 2008
Pb NAAQS are implemented in the county. We also are proposing to
approve the State's demonstration that it meets the four statutory
requirements for interstate transport of Pb emissions.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead (Pb), Reporting and
recordkeeping requirements.

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

    Dated: September 2, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-22862 Filed 9-10-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49442-49445]
[FR Doc No: 2014-19555]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0251; Directorate Identifier 2013-NM-179-AD;
Amendment 39-17946; AD 2014-16-22]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A330-200 Freighter, A330-200, A330-300, and A340-200,
A340-300, A340-500, and A340-600 series airplanes. This AD was prompted
by a determination that the service life limits of the cabin pressure
control system (CPCS) safety valves installed on the aft pressure
bulkhead were being exceeded. This AD requires repetitive replacement
of the CPCS safety valves with serviceable valves. We are issuing this
AD to prevent exceeding the service life limits of the CPCS safety
valves, which, in the event of a failure, could result in excessive
positive or negative differential pressure in the fuselage and
consequent incapacitation or injuries to airplane occupants.

DATES: This AD becomes effective September 25, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 25,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0251; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 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 referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A330-200
Freighter, A330-200, A330-300, and A340-200, A340-300, A340-500, and
A340-600 series airplanes. The NPRM published in the Federal Register
on May 15, 2014 (79 FR 27814).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0201, dated September 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information to
correct an unsafe condition on all Airbus Model A330-200 Freighter,
A330-200, A330-300, and A340-200, -300, -500, and -600 series
airplanes. The MCAI states:

    Investigation results on the Cabin Pressure Control System
(CPCS) safety valve demonstrate that this part is subject to
repetitive restoration every 50,000 flight hours (FH) or 12 years,
but this airworthiness instruction is not yet reflected in the
instructions for continuing airworthiness. Moreover, this safety
valve, part of the CPCS, is not failure monitored.
    In order to maintain the required safety objectives, the CPCS
safety valves must be replaced by a serviceable part no later than
the above values.
    For the reasons describe above, this [EASA] AD requires
repetitive replacement of CPCS safety valves.

    Exceeding the service life limits of the CPCS safety valve, in the
event of a failure, could result in excessive positive or negative
differential pressure in the fuselage, and consequent incapacitation or
injuries to airplane occupants.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0251-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 27814, May 15,
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 11016, February 27, 2014), we proposed to
prevent the use of repairs that were not specifically developed to
correct the unsafe condition, by requiring that the repair approval
provided by the State of Design Authority or its delegated agent
specifically refer to this FAA AD. This change was intended to clarify
the method of compliance and to provide operators with better
visibility of repairs that are specifically developed and approved to
correct the unsafe condition. In addition, we proposed to change the
phrase ``its delegated agent'' to include a design approval holder
(DAH) with State of Design Authority

design organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
    No comments were provided to the NPRM (79 FR 11016, February 27,
2014) about these proposed changes. However, a comment was provided for
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's
EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might have been issued some time before the FAA AD. Therefore, the
DOA might have provided U.S. operators with an approved repair,
developed with full awareness of the unsafe condition, before the FAA
AD is issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 27814, May 15, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 27814, May 15, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 77 airplanes of U.S. registry.
    We also estimate that it takes about 25 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 $9,784 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $916,993, or $11,909 per product, per replacement
cycle.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0251; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-16-22 Airbus: Amendment 39-17946. Docket No. FAA-2014-0251;
Directorate Identifier 2013-NM-179-AD.

(a) Effective Date

    This AD becomes effective September 25, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes; Model A340-211, -212, -213, -311, -312, and -313
airplanes; and Model A340-541 and -642 airplanes; certificated in
any category; all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air
Conditioning.

(e) Reason

    This AD was prompted by a determination that the service life
limits of the cabin pressure control system (CPCS) safety valves
installed on the aft pressure bulkhead were being exceeded. We are
issuing this AD to prevent exceeding the service life limits of the
CPCS safety valve, which, in the event of a failure, could result in
excessive positive or negative differential pressure in the
fuselage, and consequent incapacitation or injuries to airplane
occupants.

(f) Compliance

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

(g) Replacement of CPCS Safety Valves

    (1) For airplanes on which the total number of flight hours
accumulated on the CPCS safety valves are known: Replace the CPCS
safety valve with a serviceable valve at the later of the times
specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD. Replace
the valve in accordance with the Accomplishment Instructions of the
applicable service information identified in paragraph (g)(3)(i),
(g)(3)(ii), or (g)(3)(iii) of this AD. Repeat the replacement at
intervals not to exceed 50,000 flight hours or 12 years accumulated
on the CPCS safety valve, whichever occurs first.
    (i) Before the safety valve accumulates 50,000 total flight
hours or 12 years since first installation or since the last
restoration, as applicable, whichever occurs first.
    (ii) Within 26 months after the effective date of this AD.
    (2) For airplanes on which the total number of flight hours
accumulated on the CPCS safety valve are unknown: Replace the CPCS
safety valve with a serviceable valve within 26 months after the
effective date of this AD, in accordance with the Accomplishment
Instructions of the applicable service information identified in
paragraph (g)(3)(i), (g)(3)(ii), or (g)(3)(iii) of this AD. Repeat
the replacement at intervals not to exceed 50,000 flight hours or 12
years accumulated on the CPCS safety valve, whichever occurs first.
    (3) Use the applicable service information identified in
paragraph (g)(3)(i), (g)(3)(ii), or (g)(3)(iii) of this AD to
accomplish the specified actions in paragraph (g) of this AD.
    (i) Airbus Service Bulletin A330-21-3154, Revision 01, dated
April 10, 2013 (for Model A330-200 Freighter, A330-200 and A330-300
series airplanes).
    (ii) Airbus Service Bulletin A340-21-4150, Revision 01, dated
April 10, 2013 (for Model A340-200 and A340-300 series airplanes).
    (iii) Airbus Service Bulletin A340-21-5044, Revision 01, dated
April 10, 2013 (for Model A340-500 and A340-600 series airplanes).

(h) Definition of Serviceable Valves

    For the purposes of this AD, a serviceable CPCS safety valve is
a safety valve which has not exceeded the following service life
limits, as applicable: 12 years since its manufacturing date, or
50,000 total flight hours since first installation on an airplane,
whichever occurs first; or 12 years since its last restoration, or
50,000 total flight hours since its last restoration, whichever
occurs first.

(i) Optional Method of Compliance

    Accomplishment of Task 21.31.00/09, Remove Safety Valve for
Restoration, of Section C-21, Air Conditioning, of Section C,
Systems and Power-plant Section, of the Airbus A330 Maintenance
Review Board Report, Revision 14, dated June 2013; or Airbus A340
Maintenance Review Board Report, Revision 14, dated June 2013; as
applicable; constitutes compliance with any replacement required by
paragraph (g) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g)(1) and (g)(2) of this AD, if those actions were
performed before the effective date of this AD using the service
information identified in paragraphs (j)(1), (j)(2), and (j)(3) of
this AD, which are not incorporated by reference in this AD.
    (1) Airbus Service Bulletin A330-21-3154, dated November 17,
2011.
    (2) Airbus Service Bulletin A340-21-4150, dated November 17,
2011.
    (3) Airbus Service Bulletin A340-21-5044, dated November 17,
2011.

(k) Other FAA AD Provisions

    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. 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 International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0201, dated September 4, 2013, for related information. This MCAI
may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0251-0002.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A330-21-3154, Revision 01, dated
April 10, 2013.
    (ii) Airbus Service Bulletin A340-21-4150, Revision 01, dated
April 10, 2013.
    (iii) Airbus Service Bulletin A340-21-5044, Revision 01, dated
April 10, 2013.
    (iv) Task 21.31.00/09, Remove Safety Valve for Restoration, of
Section C-21, Air Conditioning, of Section C, Systems and Power-
plant Section, of the Airbus A330 Maintenance Review Board Report,
Revision 14, dated June 2013.
    (v) Task 21.31.00/09, Remove Safety Valve for Restoration, of
Section C-21, Air Conditioning, of Section C, Systems and Power-
plant Section, Airbus A340 Maintenance Review Board Report, Revision
14, dated June 2013.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 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.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 7, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2014-19555 Filed 8-20-14; 8:45 am]
BILLING CODE 4910-13-P