(c) You may repair defective parts from a test vehicle if they are
unrelated to emission control. You must ask us to approve repairs that
might affect the vehicle's emission controls. If we determine that a
part failure, system malfunction, or associated repair makes the
vehicle's emission controls unrepresentative of production engines, you
may not use it as an emission-data vehicle. Also, if the engine
installed in the test vehicle has a major mechanical failure that
requires you to take the vehicle apart, you may no longer use the
vehicle as an emission-data vehicle for exhaust measurements.

0
385. Amend Sec.  1066.420 by revising paragraph (d) to read as follows:

Sec.  1066.420  Test preparation.

* * * * *
    (d) Control test cell ambient air humidity as follows:
    (1) For vehicles at or below 14,000 pounds GVWR, follow the
humidity requirements in Table 1 of this section, unless the standard-
setting part specifies otherwise. When complying with humidity
requirements in Table 1, where no tolerance is specified, use good
engineering judgment to maintain the humidity level near the specified
value within the limitations of your test facility.
    (2) For vehicles above 14,000 pounds GVWR, you may test vehicles at
any humidity.
    (3) Table 1 follows:

       Table 1 of Sec.   1066.420--Test Cell Humidity Requirements
------------------------------------------------------------------------
                                       Humidity
                                      requirement     Tolerance (grains
            Test cycle                (grains H2O     H2O per pound dry
                                     per pound dry          air)
                                         air)
------------------------------------------------------------------------
AC17..............................              69  5
                                                     average, 10
                                                     instantaneous.
FTP \a\ and LA-92.................              50
HFET..............................              50
SC03..............................             100  5
                                                     average.
US06..............................              50
------------------------------------------------------------------------
\a\ FTP humidity requirement does not apply for cold (-7[deg]C),
  intermediate (10[deg]C), and hot (35[deg]C) temperature testing.

* * * * *

0
386. Amend Sec.  1066.605 by revising paragraphs (c)(4) and (h)(2)(i)
to read as follows:

Sec.  1066.605  Mass-based and molar-based exhaust emission
calculations.

* * * * *
    (c) * * *
    (4) For vehicles at or below 14,000 pounds GVWR, calculate HC
concentrations, including dilution air background concentrations, as
described in this section, and as described in Sec.  1066.635 for NMOG.
For emission testing of vehicles above 14,000 pounds GVWR, with fuels
that contain 25% or more oxygenated compounds by volume, calculate THCE
and NMHCE concentrations, including dilution air background
concentrations, as described in 40 CFR part 1065, subpart I.
* * * * *
    (h) * * *
    (2) * * *
    (i) Varying flow rate. If you continuously sample from a varying
exhaust flow rate, calculate V[flow] using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN21.270

Where:

[Delta]t = 1/[fnof]record

    Eq. 1066.605-11

Example:

N = 505
QCVS1= 0.276 m3/s
QCVS2= 0.294 m3/s
[fnof]record = 1 Hz

    Using Eq. 1066.605-11:

[Delta]t = 1/1 = 1 s
VCVS = (0.276 + 0.294 + QCVS505) [middot] 1
VCVS = 170.721 m3
* * * * *

0
387. Amend Sec.  1066.610 by revising paragraph (d) to read as follows:

Sec.  1066.610  Dilution air background correction.

* * * * *
    (d) Determine the time-weighted dilution factor, DFw,
over the duty cycle using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN21.272

Where:

N = number of test intervals
i = test interval number
t = duration of the test interval
DF = dilution factor over the test interval

Example:

N = 3
DF1 = 14.40
t1 = 505 s
DF2 = 24.48
t2 = 867 s
DF3 = 17.28
t3 = 505 s
[GRAPHIC] [TIFF OMITTED] TR29JN21.273

0
388. Amend Sec.  1066.710 by revising paragraph (c) to read as follows:

Sec.  1066.710  Cold temperature testing procedures for measuring CO
and NMHC emissions and determining fuel economy.

* * * * *
    (c) During the test, operate the vehicle's interior climate control
system with the heat on and air conditioning off. You may not use any
supplemental auxiliary heat during this testing. You may set the heater
to any temperature and fan setting during vehicle preconditioning.
    (1) Manual and automatic temperature control. Unless you rely on
full automatic control as specified in paragraph (c)(2) of this
section, take the following steps to control heater settings:
    (i) Set the climate control system as follows before the first
acceleration (t = 20 s), or before starting the vehicle if the climate
control system allows it:
    (A) Temperature. Set controls to maximum heat. For automatic
temperature control systems that allow the operator to select a
specific temperature, set the heater control to 72[deg]F or higher.
    (B) Fan speed. Set the fan speed to full off or the lowest
available speed if a full off position is not available.
    (C) Airflow direction. Direct airflow to the front window (window
defrost mode).
    (D) Air source. If independently controllable, set the system to
draw in outside air.
    (ii) At the second idle of the test cycle, which occurs 125 seconds
after the start of the test, set the fan speed to maximum. Complete by
130 seconds after the start of the test. Leave temperature and air
source settings unchanged.
    (iii) At the sixth idle of the test interval, which occurs at the
deceleration to zero miles per hour 505 seconds after the start of the
test, set the fan speed to the lowest setting that maintains air flow.
Complete these changes by 510 seconds after the start of the test. You
may use different vent and fan speed settings for the remainder of the
test. Leave the temperature and air source settings unchanged.
    (2) Full automatic control. Vehicles with full automatic control
systems may instead operate as described in this paragraph (c)(2). Set
the temperature to 72[deg]F in full automatic control for the whole
test, allowing the vehicle to adjust the air temperature and direction
of the airflow.
    (3) Multiple-zone systems. For vehicles that have separate driver
and passenger controls or separate front and rear controls, you must
set all temperature and fan controls as described in paragraphs (c)(1)
and (2) of this section, except that rear controls need not be set to
defrost the front window.
    (4) Alternative test procedures. We may approve the use of other
settings under 40 CFR 86.1840 if a vehicle's climate control system is
not compatible with the provisions of this section.
* * * * *

0
389. Amend Sec.  1066.801 by revising paragraph (e) to read as follows:

Sec.  1066.801  Applicability and general provisions.

* * * * *
    (e) The following figure illustrates the FTP test sequence for
measuring exhaust and evaporative emissions:
BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TR29JN21.274

BILLING CODE 6560-50-C

0
390. Amend Sec.  1066.835 by revising paragraphs (a) and (f)(2) to read
as follows:

Sec.  1066.835  Exhaust emission test procedure for SC03 emissions.

* * * * *
    (a) Drain and refill the vehicle's fuel tank(s) if testing starts
more than 72 hours after the most recent FTP or HFET measurement (with
or without evaporative emission measurements).
* * * * *
    (f) * * *
    (2) Conditions before and after testing. Use good engineering
judgment to demonstrate that you meet the specified temperature and
humidity tolerances in paragraph (f)(1) of this section at all times
before and between emission measurements.
* * * * *

0
391. Revise Sec.  1066.930 to read as follows:

Sec.  1066.930  Equipment for point-source measurement of running
losses.

    For point-source measurement of running loss emissions, use
equipment meeting the specifications in 40 CFR 86.107-96(i).

0
392. Amend Sec.  1066.1005 by revising paragraphs (a), (c), (d), (e),
and (f) to read as follows:

Sec.  1066.1005  Symbols, abbreviations, acronyms, and units of
measure.

* * * * *
    (a) Symbols for quantities. This part uses the following symbols
and units of measure for various quantities:

                               Table 1 of Sec.   1066.1005--Symbols for Quantities
----------------------------------------------------------------------------------------------------------------
                                                                                Unit in terms of
            Symbol                     Quantity                 Unit             Unit symbol      SI base units
----------------------------------------------------------------------------------------------------------------
[alpha].......................  atomic hydrogen to     mole per mole........  mol/mol.........  1.
                                 carbon ratio.
A.............................  area.................  square meter.........  m2..............  m2.
A.............................  vehicle frictional     pound force or newton  lbf or N........  m[middot]kg[midd
                                 load.                                                           ot]s-2.
ag............................  acceleration of        meters per second      m/s2............  m[middot]s-2.
                                 Earth's gravity.       squared.
am............................  calculated vehicle     pound force or newton  lbf or N........  m[middot]kg[midd
                                 frictional load.                                                ot]s-2.
a0............................  intercept of least
                                 squares regression.
a1............................  slope of least
                                 squares regression.
a.............................  acceleration.........  feet per second        ft/s2 or m/s2...  m[middot]s	2.
                                                        squared or meters
                                                        per second squared.
B.............................  vehicle load from      pound force per mile   lbf/(mi/hr) or    kg[middot]s	1.
                                 drag and rolling       per hour or newton     N[middot]s/m.
                                 resistance.            second per meter.
[beta]........................  ratio of diameters...  meter per meter......  m/m.............  1.
[beta]........................  atomic oxygen to       mole per mole........  mol/mol.........  1.
                                 carbon ratio.
c.............................  conversion factor.
C.............................  vehicle-specific       pound force per mile   lbf/(mi/hr)2 or   m	1[middot]kg.
                                 aerodynamic effects.   per hour squared or    N[middot]s2/m2.
                                                        newton-second
                                                        squared per meter
                                                        squared.
C............................  number of carbon       C...................  number of carbon  C.
                                 atoms in a molecule.                          atoms in a
                                                                               molecule.
Cd............................  discharge
                                 coefficient.
CdA...........................  drag area............  meter squared........  m2..............  m2.
Cf............................  flow coefficient.
Cp............................  heat capacity at       joule per kelvin.....  J/K.............  m2[middot]kg[mid
                                 constant pressure.                                              dot]s-2[middot]
                                                                                K-1.
Cv............................  heat capacity at       joule per kelvin.....  J/K.............  m2[middot]kg[mid
                                 constant volume.                                                dot]s-2[middot]
                                                                                K-1.
d.............................  diameter.............  meters...............  m...............  m.
D.............................  distance.............  miles or meters......  mi or m.........  m.
D.............................  slope correlation....  pound force per mile   lbf/(mi/hr)2 or   m-2[middot]kg.
                                                        per hour squared or    N[middot]s2/m2.
                                                        newton second
                                                        squared per meter
                                                        squared.
DF............................  dilution factor......  .....................  ................  1.
e.............................  mass weighted          grams/mile...........  g/mi.
                                 emission result.
F.............................  force................  pound force or newton  lbf or N........  kg[middot]s-2.
[fnof]........................  frequency............  hertz................  Hz..............  s-1.
[fnof]n.......................  angular speed (shaft)  revolutions per        r/min...........  [pi][middot]30[m
                                                        minute.                                  iddot]s-1.
FC............................  friction compensation  horsepower or watt...  W...............  m2[middot]kg[mid
                                 error.                                                          dot]s-3.
FR............................  road-load force......  pound force or newton  lbf or N........  kg[middot]s-2.
[gamma].......................  ratio of specific      (joule per kilogram    (J/               1.
                                 heats.                 kelvin) per (joule     (kg[middot]K))/
                                                        per kilogram kelvin).  (J/
                                                                               (kg[middot]K)).
H.............................  ambient humidity.....  grams water vapor per  g H2O vapor/kg    g H2O vapor/kg
                                                        kilogram dry air.      dry air.          dry air.
[Delta]h......................  change in height.....  meters...............  m...............  m.
I.............................  inertia..............  pound mass or          lbm or kg.......  kg.
                                                        kilogram.
I.............................  current..............  ampere...............  A...............  A.
i.............................  indexing variable.
IR............................  inertia work rating.
K.............................  correction factor....  .....................  ................  1.
Kv............................  calibration            .....................  m4[middot]s[midd  m4[middot]kg-
                                 coefficient.                                  ot]K0.5/kg.       1[middot]s[midd
                                                                                ot]K0.5.
[mu]..........................  viscosity, dynamic...  pascal second........  Pa[middot]s.....  m-
                                                                                1[middot]kg[mid
                                                                                dot]s-1.
M.............................  molar mass...........  gram per mole........  g/mol...........  10-3[middot]kg[m
                                                                                iddot]mol-1.
Me............................  effective mass.......  kilogram.............  kg..............  kg.
m.............................  mass.................  pound mass or          lbm or kg.......  kg.
                                                        kilogram.
N.............................  total number in
                                 series.
n.............................  total number of
                                 pulses in a series.

p.............................  pressure.............  pascal...............  Pa..............  m-
                                                                                1[middot]kg[mid
                                                                                dot]s-2.
[Delta]p......................  differential static    pascal...............  Pa..............  m-
                                 pressure.                                                       1[middot]kg[mid
                                                                                dot]s-2.
pd............................  saturated vapor        kilopascal...........  kPa.............  m-
                                 pressure at ambient                                             1[middot]kg[mid
                                 dry bulb temperature.                                           dot]s-1.
PF............................  penetration fraction.
[rho].........................  mass density.........  kilogram per cubic     kg/m3...........  m-3[middot]kg.
                                                        meter.
R.............................  dynamometer roll       revolutions per        rpm.............  [pi][middot]30-
                                 revolutions.           minute.                                  1[middot]s-1.
r.............................  ratio of pressures...  pascal per pascal....  Pa/Pa...........  1.
r2............................  coefficient of
                                 determination.
Re...........................  Reynolds number.
RF............................  response factor.
RH............................  relative humidity.
S.............................  Sutherland constant..  kelvin...............  K...............  K.
SEE...........................  standard error of the
                                 estimate.
SG............................  specific gravity.
[Delta]s......................  distance traveled      meters...............  m...............  m.
                                 during measurement
                                 interval.
T.............................  absolute temperature.  kelvin...............  K...............  K.
T.............................  Celsius temperature..  degree Celsius.......  [deg]C..........  K-273.15.
T.............................  torque (moment of      newton meter.........  N[middot]m......  m2[middot]kg[mid
                                 force).                                                         dot]s-2.
t.............................  time.................  hour or second.......  hr or s.........  s.
[Delta]t......................  time interval,         second...............  s...............  s.
                                 period, 1/frequency.
U.............................  voltage..............  volt.................  V...............  m2[middot]kg[mid
                                                                                dot]s-3[middot]
                                                                                A-1.
v.............................  speed................  miles per hour or      mi/hr or m/s....  m[middot]s-1.
                                                        meters per second.
V.............................  volume...............  cubic meter..........  m3..............  m3.
V.............................  flow volume rate.....  cubic feet per minute  ft3/min or m3/s.  m3[middot]/s-1.
                                                        or cubic meter per
                                                        second.
VP............................  volume percent.
x.............................  concentration of       part per million.....  ppm.
                                 emission over a test
                                 interval.
y.............................  generic variable.
Z.............................  compressibility
                                 factor.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) Superscripts. This part uses the following superscripts for
modifying quantity symbols:

                Table 3 of Sec.   1066.1005--Superscripts
------------------------------------------------------------------------
                Superscript                            Meaning
------------------------------------------------------------------------
overbar (such as y).......................  arithmetic mean.
overdot (such as y).......................  quantity per unit time.
------------------------------------------------------------------------

    (d) Subscripts. This part uses the following subscripts for
modifying quantity symbols:

                 Table 4 of Sec.   1066.1005--Subscripts
------------------------------------------------------------------------
          Subscript                             Meaning
------------------------------------------------------------------------
0............................  reference.
abs..........................  absolute quantity.
AC17.........................  air conditioning 2017 test interval.
act..........................  actual or measured condition.
actint.......................  actual or measured condition over the
                                speed interval.
adj..........................  adjusted.
air..........................  air, dry.
atmos........................  atmospheric.
b............................  base.
bkgnd........................  background.
c............................  cold.
comp.........................  composite.
cor..........................  corrected.
cs...........................  cold stabilized.
ct...........................  cold transient.
cUDDS........................  cold-start UDDS.
D............................  driven.
dew..........................  dewpoint.
dexh.........................  dilute exhaust quantity.
dil..........................  dilute.
e............................  effective.
emission.....................  emission specie.
error........................  error.

EtOH.........................  ethanol.
exh..........................  raw exhaust quantity.
exp..........................  expected quantity.
fil..........................  filter.
final........................  final.
flow.........................  flow measurement device type.
gas..........................  gaseous.
h............................  hot.
HFET.........................  highway fuel economy test.
hs...........................  hot stabilized.
ht...........................  hot transient.
hUDDS........................  hot-start UDDS.
i............................  an individual of a series.
ID...........................  driven inertia.
in...........................  inlet.
int..........................  intake.
init.........................  initial quantity, typically before an
                                emission test.
IT...........................  target inertia.
liq..........................  liquid.
max..........................  the maximum (i.e., peak) value expected
                                at the standard over a test interval;
                                not the maximum of an instrument range.
meas.........................  measured quantity.
mix..........................  dilute exhaust gas mixture.
out..........................  outlet.
PM...........................  particulate matter.
record.......................  record.
ref..........................  reference quantity.
rev..........................  revolution.
roll.........................  dynamometer roll.
s............................  settling.
s............................  slip.
s............................  stabilized.
sat..........................  saturated condition.
SC03.........................  air conditioning driving schedule.
span.........................  span quantity.
sda..........................  secondary dilution air.
std..........................  standard conditions.
T............................  target.
t............................  throat.
test.........................  test quantity.
uncor........................  uncorrected quantity.
w............................  weighted.
zero.........................  zero quantity.
------------------------------------------------------------------------

    (e) Other acronyms and abbreviations. This part uses the following
additional abbreviations and acronyms:

      Table 5 of Sec.   1066.1005--Other Acronyms and Abbreviations
------------------------------------------------------------------------
           Acronym                              Meaning
------------------------------------------------------------------------
A/C..........................  air conditioning.
AC17.........................  air conditioning 2017 test interval.
ALVW.........................  adjusted loaded vehicle weight.
ASME.........................  American Society of Mechanical Engineers.
CFR..........................  Code of Federal Regulations.
CFV..........................  critical-flow venturi.
CNG..........................  compressed natural gas.
CVS..........................  constant-volume sampler.
EPA..........................  Environmental Protection Agency.
ETW..........................  equivalent test weight.
EV...........................  electric vehicle.
FID..........................  flame-ionization detector.
FTP..........................  Federal test procedure.
GC...........................  gas chromatograph.
GEM..........................  greenhouse gas emissions model.
GHG..........................  greenhouse gas (including CO2, N2O, and
                                CH4).
GPS..........................  global positioning system.
GVWR.........................  gross vehicle weight rating.

HEV..........................  hybrid electric vehicle, including plug-
                                in hybrid electric vehicles.
HFET.........................  highway fuel economy test.
HLDT.........................  heavy light-duty truck.
HPLC.........................  high pressure liquid chromatography.
IBR..........................  incorporated by reference.
LA-92........................  Los Angeles 1992 driving schedule.
MDPV.........................  medium-duty passenger vehicle.
NIST.........................  National Institute for Standards and
                                Technology.
NMC..........................  nonmethane cutter.
PDP..........................  positive-displacement pump.
PHEV.........................  plug-in hybrid electric vehicle.
PM...........................  particulate matter.
RESS.........................  rechargeable energy storage system.
ppm..........................  parts per million.
SAE..........................  Society of Automotive Engineers.
SC03.........................  air conditioning driving schedule.
SEA..........................  selective enforcement audit.
SFTP.........................  Supplemental Federal Test Procedure.
SI...........................  International System of Units.
SSV..........................  subsonic venturi.
UDDS.........................  urban dynamometer driving schedule.
US06.........................  aggressive driving schedule.
U.S.C........................  United States Code.
WWV..........................  NIST radio station call sign.
------------------------------------------------------------------------

    (f) Densities of chemical species. This part uses the following
densities of chemical species:

                           Table 6 of Sec.   1066.1005--Densities of Chemical Species
----------------------------------------------------------------------------------------------------------------
                   Symbol                                Quantity a b                  g/m3            g/ft3
----------------------------------------------------------------------------------------------------------------
[rho]CH4...................................  density of methane.................         666.905         18.8847
[rho]CH3OH.................................  density of methanol................         1332.02         37.7185
[rho]C2H5OH................................  C1-equivalent density of ethanol...         957.559         27.1151
[rho]C2H4O.................................  C1-equivalent density of                    915.658         25.9285
                                              acetaldehyde.
[rho]C3H8..................................  density of propane.................         611.035         17.3026
[rho]C3H7OH................................  C1-equivalent density of propanol..          832.74         23.5806
[rho]CO....................................  density of carbon monoxide.........         1164.41         32.9725
[rho]CO2...................................  density of carbon dioxide..........         1829.53         51.8064
[rho]HC-gas................................  effective density of hydrocarbon--          (see 3)         (see 3)
                                              gaseous fuel c.
[rho]CH2O..................................  density of formaldehyde............         1248.21         35.3455
[rho]HC-liq................................  effective density of hydrocarbon--          576.816         16.3336
                                              liquid fueld.
[rho]NMHC-gas..............................  effective density of nonmethane             (see 3)         (see 3)
                                              hydrocarbon--gaseous fuel c.
[rho]NMHC-liq..............................  effective density of nonmethane             576.816         16.3336
                                              hydrocarbon--liquid fuel d.
[rho]NMHCE-gas.............................  effective density of nonmethane             (see 3)         (see 3)
                                              equivalent hydrocarbon--gaseous
                                              fuel c.
[rho]NMHCE-liq.............................  effective density of nonmethane             576.816         16.3336
                                              equivalent hydrocarbon--liquid
                                              fuel d.
[rho]NOx...................................  effective density of oxides of               1912.5          54.156
                                              nitrogen e.
[rho]N2O...................................  density of nitrous oxide...........         1829.66         51.8103
[rho]THC-liq...............................  effective density of total                  576.816         16.3336
                                              hydrocarbon--liquid fuel d.
[rho]THCE-liq..............................  effective density of total                  576.816         16.3336
                                              equivalent hydrocarbon--liquid
                                              fuel d.
----------------------------------------------------------------------------------------------------------------
a Densities are given at 20 [deg]C and 101.325 kPa.
b Densities for all hydrocarbon containing quantities are given in g/m3-carbon atom and g/ft3-carbon atom.
c The effective density for natural gas fuel and liquefied petroleum gas fuel are defined by an atomic hydrogen-
  to-carbon ratio, [alpha], of the hydrocarbon components of the test fuel. [rho]HCgas = 41.57[middot](12.011 +
  ([alpha][middot]1.008)).
d The effective density for gasoline and diesel fuel are defined by an atomic hydrogen-to-carbon ratio, [alpha],
  of 1.85.
e The effective density of NOX is defined by the molar mass of nitrogen dioxide, NO2.

* * * * *

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY,
AND NONROAD PROGRAMS

0
393. The authority citation for part 1068 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
394. Amend Sec.  1068.1 by revising paragraph (a) and removing and
reserving paragraph (d)(2) to n reads as follows:

Sec.  1068.1  Does this part apply to me?

    (a) The provisions of this part apply to everyone with respect to
the engine and equipment categories as described in this paragraph (a).
The provisions of this part apply to everyone, including owners,
operators, parts manufacturers, and persons performing maintenance.

Where we identify an engine category, the provisions of this part also
apply with respect to the equipment using such engines. This part
applies to different engine and equipment categories as follows:
    (1) This part applies to motor vehicles we regulate under 40 CFR
part 86, subpart S, to the extent and in the manner specified in 40 CFR
parts 85 and 86.
    (2) This part applies for heavy-duty motor vehicles we regulate
under 40 CFR part 1037, subject to the provisions of 40 CFR parts 85
and 1037. This includes trailers. This part applies to other heavy-duty
motor vehicles and motor vehicle engines to the extent and in the
manner specified in 40 CFR parts 85, 86, and 1036.
    (3) This part applies to highway motorcycles we regulate under 40
CFR part 86, subparts E and F, to the extent and in the manner
specified in 40 CFR parts 85 and 86.
    (4) This part applies to aircraft we regulate under 40 CFR part 87
to the extent and in the manner specified in 40 CFR part 87.
    (5) This part applies for locomotives that are subject to the
provisions of 40 CFR part 1033. This part does not apply for
locomotives or locomotive engines that were originally manufactured
before July 7, 2008, and that have not been remanufactured on or after
July 7, 2008.
    (6) This part applies for land-based nonroad compression-ignition
engines that are subject to the provisions of 40 CFR part 1039.
    (7) This part applies for stationary compression-ignition engines
certified using the provisions of 40 CFR parts 1039 and 1042 as
described in 40 CFR part 60, subpart IIII.
    (8) This part applies for marine compression-ignition engines that
are subject to the provisions of 40 CFR part 1042.
    (9) This part applies for marine spark-ignition engines that are
subject to the provisions of 40 CFR part 1045.
    (10) This part applies for large nonroad spark-ignition engines
that are subject to the provisions of 40 CFR part 1048.
    (11) This part applies for stationary spark-ignition engines
certified using the provisions of 40 CFR part 1048 or 1054, as
described in 40 CFR part 60, subpart JJJJ.
    (12) This part applies for recreational engines and vehicles,
including snowmobiles, off-highway motorcycles, and all-terrain
vehicles that are subject to the provisions of 40 CFR part 1051.
    (13) This part applies for small nonroad spark-ignition engines
that are subject to the provisions of 40 CFR part 1054.
    (14) This part applies for fuel-system components installed in
nonroad equipment powered by volatile liquid fuels that are subject to
the provisions of 40 CFR part 1060.
* * * * *

0
395. Amend Sec.  1068.10 by revising the section heading and paragraphs
(b) and (c) to read as follows:

Sec.  1068.10  Confidential business information.

* * * * *
    (b) We will store your confidential business information as
described in 40 CFR part 2. Also, we will disclose it only as specified
in 40 CFR part 2. This paragraph (b) applies both to any information
you send us and to any information we collect from inspections, audits,
or other site visits.
    (c) If you send us a second copy without the confidential business
information, we will assume it contains nothing confidential whenever
we need to release information from it.
* * * * *

0
396. Amend Sec.  1068.240 by revising paragraphs (b)(6) and (c)(1) and
(3) to read as follows:

Sec.  1068.240  Exempting new replacement engines.

* * * * *
    (b) * * *
    (6) Engines exempt under this paragraph (b) may not be introduced
into U.S. commerce before you make the determinations under paragraph
(b)(2) of this section, except as specified in this paragraph (b)(6).
We may waive the restriction in this paragraph (b)(6) for engines
identified under paragraph (c)(5) of this section that you ship to a
distributor. Where we waive the restriction in this paragraph (b)(6),
you must take steps to ensure that the engine is installed consistent
with the requirements of this paragraph (b). For example, at a minimum
you must report to us annually whether engines we allowed you to ship
to a distributor under this paragraph (b)(6) have been placed into
service or remain in inventory. After an engine is placed into service,
your report must describe how the engine was installed consistent with
the requirements of this paragraph (b). Send these reports to the
Designated Compliance Officer by the deadlines we specify.
    (c) * * *
    (1) You may produce a limited number of replacement engines under
this paragraph (c) representing 0.5 percent of your annual production
volumes for each category and subcategory of engines identified in
Table 1 to this section or five engines for each category and
subcategory, whichever is greater. Calculate this number by multiplying
your annual U.S.-directed production volume by 0.005 (or 0.01 through
2013) and rounding to the nearest whole number. Determine the
appropriate production volume by identifying the highest total annual
U.S.-directed production volume of engines from the previous three
model years for all your certified engines from each category or
subcategory identified in Table 1 to this section, as applicable. In
unusual circumstances, you may ask us to base your production limits on
U.S.-directed production volume for a model year more than three years
prior. You may include stationary engines and exempted engines as part
of your U.S.-directed production volume. Include U.S.-directed engines
produced by any affiliated companies and those from any other companies
you license to produce engines for you.
* * * * *
    (3) Send the Designated Compliance Officer a report by September 30
of the year following any year in which you produced exempted
replacement engines under this paragraph (c).
    (i) In your report include the total number of replacement engines
you produce under this paragraph (c) for each category or subcategory,
as appropriate, and the corresponding total production volumes
determined under paragraph (c)(1) of this section. If you send us a
report under this paragraph (c)(3), you must also include the total
number of complete and partially complete replacement engines you
produced under paragraphs (b) and (e) of this section (including any
replacement marine engines subject to reporting under 40 CFR 1042.615).
    (ii) Count exempt engines as tracked under paragraph (b) of this
section only if you meet all the requirements and conditions that apply
under paragraph (b)(2) of this section by the due date for the annual
report. In the annual report you must identify any replaced engines
from the previous year that you were not able to recover by the due
date for the annual report. Continue to report those engines in later
reports until you recover the replaced engines. If any replaced engine
is not recovered for the fifth annual report following the production
report, treat this as an untracked replacement in the fifth annual
report for the preceding year.
    (iii) You may include the information required under this paragraph
(c)(3) in

production reports required under the standard-setting part.
* * * * *

PART 1074--PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER
OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES

0
397. The authority citation for part 1074 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
398. Add appendix A to subpart A to read as follows:

Appendix A to Subpart A of Part 1074--State Regulation of the Use and
Operation of Nonroad Internal Combustion Engines

    (a) This appendix describes EPA's interpretation of the Clean
Air Act regarding the authority of states to regulate the use and
operation of nonroad engines.
    (b) EPA believes that states are not precluded under 42 U.S.C.
7543 from regulating the use and operation of nonroad engines, such
as regulations on hours of usage, daily mass emission limits, or
sulfur limits on fuel; nor are permits regulating such operations
precluded, once the engine is no longer new. EPA believes that
states are precluded from requiring retrofitting of used nonroad
engines except that states are permitted to adopt and enforce any
such retrofitting requirements identical to California requirements
which have been authorized by EPA under 42 U.S.C. 7543.

[FR Doc. 2021-05306 Filed 6-28-21; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59440-59442]
[FR Doc No: 2023-18700]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1806; Project Identifier MCAI-2023-00934-Q;
Amendment 39-22535; AD 2023-17-09]
RIN 2120-AA64

Airworthiness Directives; Cameron Balloons Ltd. Fuel Cylinders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-13-
03, which applied to a certain Cameron Balloons Ltd. (Cameron) fuel
cylinder installed on hot air balloons. AD 2022-13-03 required removing
any installed fuel cylinder part number (P/N) CB2990 (Alugas) from
service before further flight. Since the FAA issued AD 2022-13-03, the
fuel cylinder part number has been identified as CB2990/A instead of
CB2990 (Alugas). This AD requires removing any installed fuel cylinders
P/N CB2990/A from service before further flight. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective September 13, 2023.
    The FAA must receive comments on this AD by October 13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1806; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
     For service information identified in this final rule,
contact Cameron Balloons Ltd., St Johns Street, Bedminster, Bristol,
BS3 4NH, United Kingdom; phone: +44 0<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>website: cameronballoons.co.uk. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust Street, Kansas City, MO
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available at regulations.gov under
Docket No. FAA-2023-1806.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206)
231-2346; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1806; Project Identifier MCAI-
2023-00934-Q'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and

actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent Fred
Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued AD 2022-13-03, Amendment 39-22089 (87 FR 36053, June
15, 2022) (AD 2022-13-03), for a certain Cameron fuel cylinder
installed on hot air balloons. AD 2022-13-03 was prompted by MCAI
originated by the Civil Aviation Authority (CAA), which is the
airworthiness authority for the United Kingdom (UK). The UK CAA issued
Emergency AD G-2022-0010-E, dated May 12, 2022, to correct an unsafe
condition identified as cracks in the weld between the cylinder valve
plate and the upper dished end of Cameron fuel cylinder part number (P/
N) CB2990 (Alugas). AD 2022-13-03 required removing any installed fuel
cylinder P/N CB2990 (Alugas) from service before further flight. The
FAA issued AD 2022-13-03 to prevent uncontrolled fuel leakage of liquid
propane. The unsafe condition, if not addressed, could lead to fire or
explosion and consequent emergency landing.

Actions Since AD 2022-13-03 Was Issued

    Since the FAA issued AD 2022-13-03, the UK CAA superseded Emergency
AD G-2022-0010-E, dated May 12, 2022, and issued UK CAA Emergency AD G-
2023-0005-E, dated July 31, 2023, (referred to after this as ``the
MCAI''). The MCAI identifies the fuel cylinder part number as CB2990/A
instead of CB2990 (Alugas), references a re-design of the fuel cylinder
to P/N CB2990-B, and requires removing fuel cylinder P/N CB2990/A from
service.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1806.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of the same type design.

AD Requirements

    This AD retains no requirements of AD 2022-13-13. This AD requires,
before further flight, removing any installed fuel cylinder P/N CB2990/
A from service.

Differences Between This AD and the MCAI

    The MCAI applies to hot air balloons and certain airships. This AD
only applies to hot air balloons because the airships identified in the
MCAI do not have an FAA type certificate.
    Although the MCAI specifies emptying the removed fuel cylinder,
this AD does not require this action. While this action is encouraged
for the general safety related to the leakage of liquid propane from
these fuel cylinders once they have been removed from the balloon,
those actions are not required to address the unsafe condition
identified in this AD.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because a liquid propane leak on the fuel cylinder could lead to an in-
flight fire or explosion, damaging the hot air balloon and leading to a
forced emergency landing, which could injure balloon occupants and
persons on the ground. Additionally, the corrective actions must be
accomplished before further flight. Accordingly, notice and opportunity
for prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 696 fuel cylinders installed
on hot air balloons worldwide. The FAA has no way of knowing the number
of hot air balloons of U.S. Registry that may have an affected fuel
cylinder installed. The estimated cost on U.S. operators reflects the
maximum possible cost based on fuel cylinders worldwide. The average
labor rate is $85 per work-hour.
    The FAA estimates that removing the affected fuel cylinder will
take 1 work-hour costing $85, for a cost of up to $59,160 for the U.S.
fleet. The FAA estimates that installing a non-affected fuel cylinder
will take 1 work-hour costing $85 and will cost $3,200 per fuel
cylinder, for a cost of up to $2,286,360 for the U.S. fleet.

Authority for This Rulemaking

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

unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive 2022-13-03, Amendment 39-22089 (87
FR 36053, June 15, 2022); and
0
b. Adding the following new airworthiness directive:

2023-17-09 Cameron Balloons Ltd.: Amendment 39-22535; Docket No.
FAA-2023-1806; Project Identifier MCAI-2023-00934-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective September 13,
2023.

(b) Affected ADs

    This AD replaces AD 2022-13-03, Amendment 39-22089 (87 FR 36053,
June 15, 2022).

(c) Applicability

    (1) This AD applies to hot air balloons, certificated in any
category, equipped with a Cameron Balloons Ltd. fuel cylinder part
number (P/N) CB2990/A (the affected fuel cylinder).
    (2) The affected fuel cylinder may be installed on hot air
balloon models including, but not limited to, those of the following
design approval holders:
    (i) Aerostar International, Inc.;
    (ii) Ballonbau Worner GmbH;
    (iii) Bal[oacute]ny Kub[iacute][ccaron]ek spol. s.r.o.;
    (iv) Cameron Balloons Ltd.;
    (v) Eagle Balloons Corp.;
    (vi) JR Aerosports, Ltd. (type certificate previously held by
Sundance Balloons (US));
    (vii) Lindstrand Balloons Ltd.; and
    (viii) Michael D. McGrath (type certificate subsequently
transferred to Andrew Philip Richardson, Adams Aerostats LLC).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2810, Fuel Storage.

(e) Unsafe Condition

    This AD was prompted by cracks in the weld between the cylinder
valve plate and the upper dished end of Cameron Balloons Ltd. fuel
cylinder P/N CB2990/A. The FAA is issuing this AD to prevent
uncontrolled fuel leakage of liquid propane. The unsafe condition,
if not addressed, could lead to fire or explosion and consequent
emergency landing.

(f) Compliance

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

(g) Required Actions

    Before further flight after the effective date of this AD,
remove the affected fuel cylinder from service.
    Note 1 to paragraph (g): Cameron Balloons Alert Service Bulletin
No. 33, Revision 2, dated June 2023, contains information related to
this AD, including reference to a replacement fuel cylinder P/N
CB2990-B.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j)(2) of
this AD and email to: [email protected]. If mailing
information, also submit information by email. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office.

(j) Additional Information

    (1) Refer to United Kingdom (UK) Civil Aviation Authority (CAA)
Emergency AD G-2023-0005-E, dated July 31, 2023, for related
information. This UK CAA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2023-1806.
    (2) For more information about this AD, contact Fred Guerin,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email:
[email protected].
    (3) For service information identified in this AD that is not
incorporated by reference, contact Cameron Balloons Ltd., St Johns
Street, Bedminster, Bristol, BS3 4NH, United Kingdom; phone: +44 0
117 9637216; email<EMAIL_ADDRESS>website:
cameronballoons.co.uk.

(k) Material Incorporated by Reference

    None.

    Issued on August 24, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-18700 Filed 8-25-23; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Notices]
[Pages 64900-64901]
[FR Doc No: 2023-20359]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2490-031]

Green Mountain Power Corporation; Notice of Application Accepted
for Filing, Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2490-031.
    c. Date filed: August 30, 2022.
    d. Applicant: Green Mountain Power Corporation (GMP).
    e. Name of Project: Taftsville Hydroelectric Project (Taftsville
Project).
    f. Location: On the Ottauquechee River, in the Village of
Taftsville, Windsor County, Vermont.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Jason Lisai, Green Mountain Power
Corporation, 163 Acorn Lane, Colchester VT 05446-6611;<PHONE_NUMBER>;
or [email protected].
    i. FERC Contact: Monte TerHaar at<PHONE_NUMBER>; or email
[email protected].
    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Submissions sent via any other
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852. All filings must clearly identify the project name and docket
number on the first page: Taftsville Hydroelectric Project (P-2490-
031).
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted, but is not ready for
environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507,
and 1508 that Federal agencies use to implement the National
Environmental Policy Act (NEPA) (see National Environmental Policy Act
Implementing Regulations Revisions, 87 FR 23453-70). The final rule
became effective on May 20, 2022. Commission staff intends to conduct
its NEPA review in accordance with CEQ's new regulations.
    l. Project Description: The existing Taftsville Project consists
of: (1) an existing 220-foot-long by 16-foot-high concrete gravity dam;
(2) a 194-foot-long spillway section with a crest elevation of 637.12
feet National Geodetic Vertical Datum of 1929 (NGVD 29), topped with
18-inch wooden flashboards; (3) a 4,600-foot-long, 20.5-acre
impoundment at normal water surface elevation 638.6 feet NGVD 29; (4) a
powerhouse containing one 0.5-megawatt vertical Kaplan generating unit,
with a minimum hydraulic capacity of 95 cubic feet per second (cfs) and
maximum hydraulic capacity of 370 cfs; (5) a 200-foot-long tailrace
section; (6) a 40-foot-long transmission line, connecting the
powerhouse to the Distribution Substation; (7) the Distribution
Substation and Transmission West Substation; and (8) appurtenant
facilities. Approximately 290 feet of the Ottauquechee River, between
Taftsville Dam and the tailrace channel, are bypassed during normal
operations. The project generates 1,038 megawatt-hours annually.
    GMP proposes no modifications to the existing project facilities.
GMP proposes to: (1) continue to operate the project in run-of-river
mode, where outflow approximates inflow; (2) provide a 15 cfs minimum
flow to the bypassed reach via spillage over the crest of the spillway;
(3) seasonally install wooden flashboards; and (4) maintain recreation
facilities, as it has under the current license. GMP proposes the
following modifications: (1) use no more than 10% of inflow to refill
the impoundment after maintenance drawdowns; (2) consult with resource
agencies prior to conducting maintenance and unplanned drawdowns and
repair work; (3) restrict the removal of trees greater than or equal to
3 inches in diameter at breast height in the project boundary to the
period of November 1 through March 31 for protection of the northern-
long-eared bat; and (4) update the historic properties management plan
to address and mitigate project effects on historic properties.
    m. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number, excluding the last
three digits in the docket number field to access the document. At this
time, the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact FERC at
[email protected], or call<PHONE_NUMBER> (toll free) or (202)
502-8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members, and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER>, or [email protected].
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received

on or before the specified comment date for the application.
    All filings must: (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions, or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the application. A copy of all other filings in reference
to this application must be accompanied by proof of service on all
persons listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Procedural Schedule: The application will be processed according
to the following schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Request Additional Information............  September 2023.
Additional Information responds due.......  November 2023.
Issue Notice of Ready for Environmental     November 2023.
 Analysis.
------------------------------------------------------------------------

    Dated: September 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-20359 Filed 9-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Page 60893]
[FR Doc No: 2015-25653]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-2722-000]

Wheelabrator Saugus Inc.; 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
Wheelabrator Saugus Inc.'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 19, 2015.
    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 Web site 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: September 29, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-25653 Filed 10-7-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63688-63691]
[FR Doc No: 2016-22177]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6146; Directorate Identifier 2014-NM-120-AD;
Amendment 39-18656; AD 2016-19-07]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2008-19-08,
for all Dassault Aviation Model Falcon 10 airplanes. AD 2008-19-08
required repetitive replacement of the flexible hoses installed in the
wing (slat) anti-icing system with new hoses. This new AD requires
reducing the life limit of these flexible hoses, which reduces the
repetitive replacement intervals. This AD was prompted by additional
reports of collapse of the flexible hoses installed in the slat anti-
icing systems on airplanes equipped with new, improved hoses. We are
issuing this AD to prevent collapse of the flexible hoses in the slat
anti-icing system, which could lead to insufficient anti-icing
capability and, if icing is encountered in this situation, could result
in reduced controllability of the airplane.

DATES: This AD is effective October 21, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 11,
2007 (72 FR 51161, September 6, 2007).

ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; Internet
http://www.dassaultfalcon.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<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6146.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6146; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
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 to supersede AD 2008-19-08, Amendment 39-15675 (73 FR 54492,
September 22, 2008) (``AD 2008-19-08''). AD 2008-19-08 applied to all
Dassault Aviation Model Falcon 10 airplanes. The NPRM published in the
Federal Register on May 3, 2016 (81 FR 26495) (``the NPRM''). The NPRM
was prompted by additional reports of collapse of the flexible hoses
installed in the slat anti-icing systems on airplanes equipped with
new, improved hoses. The NPRM proposed to continue to require
repetitive replacement of the flexible hoses installed in the wing
(slat) anti-icing system with new hoses. The NPRM also proposed to
require reducing the life limit of these flexible hoses, which would
reduce the repetitive replacement intervals. We are issuing this AD to
prevent collapse of the flexible hoses in the slat anti-icing system,
which could lead to insufficient anti-icing capability and, if icing is
encountered in this situation, could result in reduced controllability
of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0104, dated May 7, 2014 (referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition on all Dassault Aviation Model
Falcon 10 airplanes. The MCAI states:

    Occurrences were reported involving an in-service Falcon 10
aeroplane, where wing anti-ice hoses collapsed. The subsequent
investigation revealed that the flexible hose, Part Number (P/N)
FAL1005, collapsed because of an internal ply separation.
    This condition, if not corrected, could lead to failure of the
ice-protection system to remove ice accretion on the wing, possibly
resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, EASA issued AD 2005-
0020 and AD 2006-0114 [which correspond to AD 2008-19-08],
respectively, imposing flight limitations and requiring replacement
of the flexible hoses P/N FAL1005 with improved hoses P/N FAL1007.
    Since those [EASA] ADs were issued, further occurrences were
reported concerning aeroplanes with improved hoses, which led to the
conclusion that the life limit of the flexible hose P/N FAL1007 must
be reduced.
    For the reasons above, this [EASA] AD retains the requirements
of EASA AD 2006-0114, which is superseded; supersedes EASA AD 2005-
0020; requires replacement of flexible hoses having P/N FAL 1000, P/
N 1001, P/N FAL1005, or P/N FAL1005D, and reduces the life limit of
the flexible hoses P/N 1007 [which would reduce the repetitive
replacement intervals].

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6146.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received. The commenter, Catherine
Corn, supported the NPRM.

Clarification to This AD

    We have changed the ``Definition of Serviceable Flexible Hose''
specified in paragraph (j) of this AD from ``350 flight hours or less''
to ``less than 350 flight hours'' to clarify the intent of the flight
hours for the life-limit of the flexible hose specified in paragraph
(i) of this AD.
    We have also revised paragraph (g) of this AD to clarify that
accomplishing the replacement required by paragraph (i) of this AD
terminates the replacements required by paragraph (g) of this AD.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD with the change described previously, and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 124 airplanes of U.S. registry.
    The actions that are required by AD 2008-19-08, and retained in
this AD, take about 8 work-hours per product, at an average labor rate
of $85 per work-hour. Required parts cost about $880. Based on these
figures, the estimated cost of the actions that are required by AD
2008-19-08 is up to $1,560 per product, per replacement cycle.
    We also estimate that it takes about 4 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $936 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $158,224, or $1,276 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 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.

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 removing Airworthiness Directive (AD)
2008-19-08, Amendment 39-15675 (73 FR 54492, September 22, 2008), and
adding the following new AD:

2016-19-07 Dassault Aviation: Amendment 39-18656; Docket No. FAA-
2016-6146; Directorate Identifier 2014-NM-120-AD.

(a) Effective Date

    This AD is effective October 21, 2016.

(b) Affected ADs

    This AD replaces AD 2008-19-08, Amendment 39-15675 (73 FR 54492,
September 22, 2008) (``AD 2008-19-08'').

(c) Applicability

    This AD applies to all Dassault Aviation Model Falcon 10
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain
Protection.

(e) Reason

    This AD was prompted by reports of collapse of the flexible
hoses installed in the slat anti-icing systems on airplanes equipped
with new, improved hoses. We are issuing this AD to prevent collapse
of the flexible hoses in the slat anti-icing system, which could
lead to insufficient anti-icing capability and, if icing is
encountered in this situation, could result in reduced
controllability of the airplane.

(f) Compliance

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

(g) Retained Repetitive Hose Replacement, With Revised Compliance
Language

    This paragraph restates the requirements of paragraph (h) of AD
2008-19-08, with revised compliance language. As of October 27, 2008
(the effective date of AD 2008-19-08): Replace the flexible hoses
installed in the slat anti-icing system with new hoses having part
number (P/N) FAL1007, in accordance with the Accomplishment
Instructions of Dassault Service Bulletin F10-313, Revision 1, dated
May 10, 2006, within 700 flight hours since the last replacement or
within 100 flight hours after October 27, 2008, whichever occurs
later, and thereafter at intervals not to exceed 700 flight hours.
Accomplishing the replacement required by paragraph (h) or (i) of
this AD ends the repetitive replacements required by this paragraph.

(h) New Requirement of This AD: Hose Replacement for Certain Part
Numbers

    Within 65 days after the effective date of this AD: Replace any
flexible hose having part number (P/N) FAL1000, P/N FAL1001, or P/N
FAL1005D with a new, improved flexible hose having P/N FAL1007,
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA); or Dassault Aviation's EASA Design
Organization Approval (DOA).

(i) Life-Limit for P/N FAL1007--Repetitive Replacements

    At the later of the times specified in paragraphs (i)(1) and
(i)(2) of this AD, replace any flexible hose having part number P/N
FAL1007 with a serviceable flexible hose having P/N FAL1007, using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the EASA; or Dassault
Aviation's EASA DOA. Thereafter, before the accumulation of 350
flight hours on any flexible hose having P/N FAL1007, replace the
flexible hose with a serviceable flexible hose having P/N FAL1007.
    (1) Before the accumulation of 350 flight hours on the flexible
hose P/N FAL1007 since first installation on an airplane.
    (2) At the earlier of the times specified in paragraphs
(i)(2)(i) and (i)(2)(ii) of this AD.
    (i) Within 200 flight hours after the effective date of this AD.
    (ii) Before the accumulation of 700 flight hours on the flexible
hose P/N FAL1007 since first installation on an airplane, or within
65 days after the effective date of this AD, whichever occurs later.

(j) Definition of Serviceable Flexible Hose

    For the purpose of this AD, a serviceable flexible hose is a
flexible hose having P/N FAL1007 that has accumulated less than 350
flight hours since first installation on an airplane.

(k) Parts Installation Limitation

    After accomplishing the replacement required by paragraph (h) of
this AD, no person may install a flexible hose in the slat anti-
icing system on any airplane, unless that hose is a serviceable
flexible hose having P/N FAL1007, and thereafter repetitive hose
replacements are done as required by paragraph (i) of this AD.

(l) 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: Tom
Rodriguez, 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 EASA;
or Dassault Aviation's EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized signature.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0104, dated May 7, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-6146.

(n) 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.
    (3) The following service information was approved for IBR on
October 11, 2007, (72 FR 51161, September 62, 2007).
    (i) Dassault Service Bulletin F10-313, Revision 1, dated May 10,
2006.
    (ii) Reserved.
    (4) For service information identified in this AD, contact
Dassault Falcon Jet

Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ
07606; telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com.
    (5) 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.
    (6) 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 September 7, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-22177 Filed 9-15-16; 8:45 am]
 BILLING CODE 4910-13-P