[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Rules and Regulations]
[Pages 39750-39752]
[FR Doc No: 2022-14202]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0054; EPA-R05-OAR-2022-0254; FRL-9686-02-Region 5]

Air Plan Approval; Indiana; Redesignation of the Indiana Portion
of the Louisville, Indiana-Kentucky Area to Attainment of the 2015
Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Indiana portion of the Louisville, Indiana-Kentucky area (Area) is
attaining the 2015 primary and secondary ozone National Ambient Air
Quality Standards (NAAQS), and acts in accordance with a request from
the Indiana Department of Environmental Management (IDEM) to
redesignate the Indiana portion of the area to attainment for the 2015
ozone NAAQS because the request meets the statutory requirements for
redesignation under the Clean Air Act (CAA). The Area includes Clark
and Floyd Counties in Indiana and Bullitt, Jefferson, and Oldham
Counties in Kentucky. IDEM submitted this request on February 21, 2022.
EPA is approving, as a revision to the Indiana State Implementation
Plan (SIP), the State's plan for maintaining the 2015 ozone NAAQS
through 2035 in the Indiana portion of the Louisville area. EPA also
finds adequate and is approving Indiana's 2035 volatile organic
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (budgets) for the Indiana portion of the Louisville
area. Finally, EPA is approving portions of a separate January 21,
2021, submittal from IDEM as meeting the applicable requirements for a
base year emissions inventory for the area and emissions statement
program for Lake, Porter, Clary, and Floyd counties. EPA proposed to
approve these actions on May 18, 2022, and received no adverse
comments.

DATES: This final rule is effective on July 5, 2022.

ADDRESSES: EPA has established dockets for this action under Docket ID
EPA-R05-OAR-2020-0054, or EPA-R05-OAR-2022-0254. All documents in the
docket are listed on the www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either through www.regulations.gov or at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays and facility closures due to COVID-19. We recommend
that you telephone Andrew Lee, Physical Scientist, at<PHONE_NUMBER>
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected].

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

I. Background Information

    On May 18, 2022 (87 FR 30129), EPA proposed to approve the 2015
Ozone NAAQS redesignation and maintenance plan for the Indiana portion
of the Louisville area and IDEM's 2035 VOC and NOX motor
vehicle emission budgets for the Indiana portion of the Louisville
area. EPA also proposed to approve IDEM's emission inventory for the
Indiana portion of the Louisville area under the 2015 Ozone NAAQS, and
IDEM's emission statement certification for the 2015 ozone standard. An
explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
the notice of proposed rulemaking and will not be restated here. The
public comment period for this proposed rule ended on June 17, 2022.
EPA received no comments on the proposal. We are finalizing our action
as proposed.

II. Final Action

    EPA finds that the Indiana portion of the Area is attaining the
2015 ozone NAAQS based on quality-assured and certified monitoring data
for 2019-2021 and that the Area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
approving a change in the legal designation of the Indiana portion of
the Area from nonattainment to attainment for the 2015 ozone NAAQS. EPA
is also approving, as a revision to the Indiana SIP, the State's
maintenance plan for the Area. The maintenance plan is designed to keep
the Indiana portion of the Area in attainment of the 2015 ozone NAAQS
through 2035. EPA also finds adequate and is approving the 2035 VOC and
NOX motor vehicle emission budgets for the Indiana portion
of the Area. EPA is further approving the base year emissions
inventories for the Indiana portion of the Area under the 2015 ozone
NAAQS. Finally, we are confirming that Indiana has acceptable and
enforceable annual emission statement regulations that require all
facilities located in Lake, Porter, Clark, and Floyd Counties that emit
greater than or equal to 25 tons/year of NOX or VOC during
the reporting year to submit annual emissions statements.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1).
    Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. EPA has
determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements. For this
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action
to become effective on the date of publication of this action.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 approves 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 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).
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 6, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: June 28, 2022.
Cheryl Newton,
Deputy Regional Administrator, Region 5.

    For the reasons stated in the preamble, 40 CFR parts 52 and 81 are
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. In Sec.  52.770, the table in paragraph (e) is amended by adding
entries for ``Clark and Floyd Counties 2015 8-hour Ozone Emission
Inventory,'' ``Lake, Porter, Clark, and Floyd Counties 2015 8-hour
Ozone Emission Statement'' and ``Clark and Floyd Counties 2015 8-hour
Ozone Maintenance Plan'' immediately following the entry for ``Lake and
Porter Counties 2008 8-hour Ozone Maintenance Plan'' to read as
follows:

Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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               Title                  Indiana date           EPA approval                   Explanation
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                                                  * * * * * * *
Clark and Floyd Counties 2015 8-          1/21/2021  7/5/2022, [INSERT Federal    ..............................
 hour Ozone Emission Inventory.                       Register CITATION].
Lake, Porter, Clark, and Floyd            1/21/2021  7/5/2022, [INSERT Federal    ..............................
 Counties 2015 8-hour Ozone                           Register CITATION].
 Emission Statement.
Clark and Floyd Counties 2015 8-          2/21/2022  7/5/2022, [INSERT Federal    ..............................
 hour Ozone Maintenance Plan.                         Register CITATION].

                                                  * * * * * * *
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* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.315 is amended by revising the entry ``Louisville, KY-
IN'' in the table entitled ``Indiana--2015 8-Hour Ozone NAAQS [Primary
and Secondary]'' to read as follows:

Sec.  81.315  Indiana

* * * * *

                                        Indiana--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
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                                               Designation                            Classification
      Designated area \1\       --------------------------------------------------------------------------------
                                      Date \2\              Type              Date \2\              Type
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                                                  * * * * * * *
Louisville, KY-IN..............  July 5, 2022......  Attainment........  .................  Marginal.
    Clark County...............
    Floyd County...............

                                                  * * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2022-14202 Filed 7-1-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46825-46826]
[DOCID:fr11se09-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60625; File No. SR-CBOE-2009-066]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Permit CBOE To List Series That Are Restricted to
Closing Transactions if Such Series Are Listed and Restricted To
Closing Transactions on Another Exchange

September 4, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 3, 2009, Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Exchange filed the proposal as a ``non-controversial'' proposed
rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend Interpretation and Policy .12 to Rule 5.4 to
permit the Exchange to list series that are restricted to closing
transactions if such series are listed and restricted to closing
transactions on another exchange. The text of the rule proposal is
available on the Exchange's Web site (http://www.cboe.org/legal), at
the Exchange's Office of the Secretary and at the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to amend Interpretation
and Policy .12 to Rule 5.4 to permit the Exchange to list series that
are restricted to closing transactions if such series are listed and
restricted to closing transactions on another exchange.
    The impetus for this filing is a customer request for the Exchange
to list a series that was previously delisted by the Exchange so that
the customer may close an existing position in the delisted series.
Specifically, on August 27, 2009, CBOE delisted the January 2010 7 El
Paso, Corp. (EPY) strike.\5\ Currently, that series is listed on one
other exchange and is restricted to closing transactions only. On
September 1, 2009, the Exchange received a customer request to re-list
the January 2010 7 EPY strike because the customer wants to close out
their position on CBOE, and not on the other exchange that currently
lists the restricted January 2010 7 EPY strike. The Exchange wants to
accommodate the customer and is therefore proposing to amend
Interpretation and Policy .12 to Rule 5.4.
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    \5\ This series was inadvertently listed within $0.50 of an
existing strike and was therefore delisted. See Rule 5.5.01(a)(2).
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    Specifically, the Exchange proposes to add new subparagraph (b) to
Interpretation and Policy .12 to Rule 5.4. to provide that if an option
series is listed but restricted to closing transactions on another
national securities exchange, the Exchange may list such series (even
if such series would not otherwise be eligible for listing under the
Exchange's Rules), which shall also be restricted to closing
transactions on the Exchange.\6\ Similar to series that no longer meet
the Exchange's criteria for continued listing, (i) opening transactions
by market makers executed to accommodate closing transactions of other
market participants, and (ii) opening transactions by CBOE member
organizations to facilitate the closing transactions of public
customers executed as crosses pursuant to and in accordance with CBOE
Rule 6.74(b) or (d) will be permitted in any restricted series listed
pursuant to Rule 5.4.12(b).\7\ No restrictions will be in place with
respect to the exercise of any restricted series.
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    \6\ The parenthetical text is being proposed to eliminate
ambiguity about the Exchange's ability to list a restricted series
pursuant to proposed Rule 5.4.12(b) in the event other Exchange
Rules would otherwise prohibit the listing of that series.
    \7\ See Rule 5.4.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements provided under Section 6(b)(5) of the Act,\8\
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest. Permitting
the Exchange to accommodate a customer request will encourage
competition and not harm investors or the public interest.
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    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A)

of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
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    The Exchange has requested the Commission to waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because such waiver will allow the Exchange immediately to
provide investors with an additional venue to close their existing open
positions. The Commission notes further that the Exchange would be
permitted to list the restricted series solely for the purpose of
closing transactions as long as the restricted series is listed on
another national securities exchange. For this reason, the Commission
designates the proposal operative upon filing.\11\
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    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-066 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2009-066. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2009-066 and should be
submitted on or before October 2, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21909 Filed 9-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21196-21199]
[FR Doc No: 2018-09743]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0395; Product Identifier 2017-NM-136-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A330-200 Freighter series airplanes, Model A330-200 series
airplanes, Model A330-300 series airplanes, Model A340-200 series
airplanes, Model A340-300 series airplanes, Model A340-500 series
airplanes, and Model A340-600 series airplanes. This proposed AD was
prompted by a report of deficient fatigue performance of high strength
steel used in forgings. Components made from the affected high strength
steel are installed on the main landing gear (MLG), nose landing gear
(NLG), and center landing gear (CLG). This proposed AD would require
identifying the part number and serial number of certain components
installed on the MLG, NLG, and CLG; replacing affected parts;
identifying the airplane's weight variant; and determining the
applicable life limit for

certain components installed on the MLG, NLG, and CLG. We are proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 25, 2018.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

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-2018-
0395; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198-6547; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0395;
Product Identifier 2017-NM-136-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0185, dated September 22, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A330-200 Freighter
series airplanes, Model A330-200 series airplanes, Model A330-300
series airplanes, Model A340-200 series airplanes, Model A340-300
series airplanes, Model A340-500 series airplanes, and Model A340-600
series airplanes. The MCAI states:

    In 2006, Messier-Dowty identified a deficiency in the fatigue
performance of 300M high strength steel used in forgings. The root
cause for this fatigue deficiency was the processing during
preparation of the material. After investigation, it was determined
that the following material sources (S) were affected by this
fatigue deficiency: Electralloy (S1), RSM (S2A, S2B or S2C), Latrobe
(S3) and Aubert et Duval (S4).
    Consequently, reduced lives were calculated for certain landing
gear main fittings, bogie beams and sliding pistons, determined to
be affected by the 300M material properties quality issue. These
components are installed on Main, Nose and Centre Landing Gears
(MLG, NLG, CLG) of A330 and A340 aeroplanes.
    This condition, if not corrected, could lead to structural
failure of a landing gear, possibly resulting in loss of control of
the aeroplane during take-off or landing.
    To initially address this potential unsafe condition, Airbus
published reduced life limits for the affected parts from material
sources S1, S2 and S3 in the applicable Airworthiness Limitation
Section (ALS) Part 1. Later, it was determined that ALS Part 1 was
an inappropriate place for recording the reduced lives and Airbus
published Service Bulletin (SB) A330-32-3281, SB A340-32-4310, and
SB A340-32-5119, as applicable, to provide identification and
replacement instructions for affected parts made of all material
sources S1, S2, S3 and S4. This action was also accomplished to
simplify Airbus ALS Part 1.
    For the reasons described above, this [EASA] AD requires
[identification of the part numbers and serial numbers of the main
fitting, bogie beam and sliding piston of the MLG, NLG, and CLG, and
the airplane's weight variant], and implementation of the reduced
life limits for the affected parts and replacement of any parts that
are close to, or have exceeded the applicable reduced life limit.

    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-2018-
0395.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information. These
documents are distinct since they apply to different airplane models.
     Service Bulletin A330-32-3281, Revision 02, dated June 16,
2017, including Appendixes 01 through 06; and Service Bulletin A340-32-
4310, Revision 02, dated June 16, 2017, including Appendixes 01 through
06. This service information includes procedures for inspections to
identify the part numbers and serial numbers of the main fittings,
bogie beams, and sliding pistons of the MLG; and procedures for
determining the airplane's weight variant. This service information
also describes the reduced life limits for affected parts. These
documents are distinct since they apply to different airplane models.
     Service Bulletin A340-32-5119, Revision 01, dated January
31, 2017, including Appendixes 01 through 07. This service information
includes procedures for inspections to identify the part numbers and
serial numbers of the main fittings and bogie beams of the MLG, NLG,
and CLG; and procedures for determining the airplane's weight variant.
This service information also describes the reduced life limits for
affected parts.
    In addition, Airbus has issued the following service information,
which describes life limits for affected parts. These documents are
distinct since they apply to different airplane models and to different
life limited parts.
     A330 Airworthiness Limitations Section (ALS) Part 1,
``Safe Life Airworthiness Limitation Items (SL-ALI),'' Revision 09,
dated September 18, 2017.
     A330 ALS Part 1, ``Safe Life Airworthiness Limitation
Items (SL-ALI),'' Variation 9.2, dated November 28, 2017.
     A340 Airworthiness Limitations Section (ALS) Part 1,
``Safe Life Airworthiness Limitation Items (SL-ALI),'' Revision 09,
dated September 18, 2017.

     A340 ALS Part 1, ``Safe Life Airworthiness Limitation
Items (SL-ALI),'' Variation 9.2, dated November 28, 2017.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 103 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  4 work-hours x $85 per                $0            $340         $35,020
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition part replacements specified in this
proposed AD.

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus: Docket No. FAA-2018-0395; Product Identifier 2017-NM-136-AD.

(a) Comments Due Date

    We must receive comments by June 25, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(7) of this AD; certificated in any category; all
manufacturer serial numbers.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by a report of deficient fatigue
performance of 300M high strength steel used in forgings. Components
made of 300M high strength steel are installed on the main landing
gear (MLG), nose landing gear (NLG), and center landing gear (CLG).
We are issuing this AD to detect and correct parts made from 300M
high strength steel, which if uncorrected, could lead to structural
failure of the landing gear, and possibly loss of control of the
airplane during take-off or landing.

(f) Compliance

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

(g) Definitions

    (1) For the purpose of this AD, an affected part is any main
fitting, bogie beam, or sliding piston of the MLG, NLG, or CLG
installed on the airplane, having a part number and serial number
combination specified in the applicable service information
identified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD.
    (2) For the purpose of this AD, a serviceable part is any main
fitting, bogie beam, or sliding piston of the MLG, NLG, or

CLG that has not exceeded the applicable life limit specified in
paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of this AD, since
first installation on an airplane.
    (i) The life limit specified in the applicable service
information identified in paragraphs (h)(1), (h)(2), and (h)(3) of
this AD.
    (ii) The life limit specified in Airbus A330 Airworthiness
Limitations Section (ALS) Part 1, ``Safe Life Airworthiness
Limitation Items (SL-ALI),'' Revision 09, dated September 18, 2017,
and A330 ALS Part 1, ``Safe Life Airworthiness Limitation Items (SL-
ALI),'' Variation 9.2, dated November 28, 2017.
    (iii) The life limit specified in Airbus A340 Airworthiness
Limitations Section (ALS) Part 1, ``Safe Life Airworthiness
Limitation Items (SL-ALI),'' Revision 09, dated September 18, 2017,
and A340 ALS Part 1, ``Safe Life Airworthiness Limitation Items (SL-
ALI),'' Variation 9.2, dated November 28, 2017.

(h) Identification of Part Number, Serial Number, Weight Variant, and
Reduced Life Limit

    Within 3 months after the effective date of this AD: Identify
the part number and serial number of each main fitting, bogie beam,
and sliding piston of the MLG, NLG, and CLG installed on the
airplane; identify the airplane's weight variant; and determine the
applicable reduced life limit; in accordance with the Accomplishment
Instructions of the applicable service information identified in
paragraph (h)(1), (h)(2), or (h)(3) of this AD. A review of airplane
maintenance records is acceptable for identification of the
installed main fittings, bogie beams, and sliding pistons of the
MLG, NLG, and CLG, provided the part number and serial number of
each component can be conclusively identified by that review.
    (1) Airbus Service Bulletin A330-32-3281, Revision 02, dated
June 16, 2017, including Appendixes 01 through 06.
    (2) Airbus Service Bulletin A340-32-4310, Revision 02, dated
June 16, 2017, including Appendixes 01 through 06.
    (3) Airbus Service Bulletin A340-32-5119, Revision 01, dated
January 31, 2017, including Appendixes 01 through 07.

(i) Replacement of Affected Parts

    Prior to exceeding the applicable life limit, as specified in
the applicable service information identified in paragraph (h)(1),
(h)(2), or (h)(3) of this AD, or within 3 months after the effective
date of this AD, whichever occurs later: Replace each affected part
(as defined in paragraph (g)(1) of this AD) with a serviceable part
(as defined in paragraph (g)(2) of this AD).

(j) Parts Installation Specification

    As of the effective date of this AD, any affected part (as
defined in paragraph (g)(1) of this AD) may be used as a replacement
part, provided the affected part is also a serviceable part (as
defined in paragraph (g)(2) of this AD), and following installation,
the affected part is replaced prior to exceeding the applicable life
limit as specified in paragraph (g)(2) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, 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.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0185, dated September 22, 2017, 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-2018-0395.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198-
6547; telephone and fax<PHONE_NUMBER>.
    (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 protected];
internet http://www.airbus.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 30, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09743 Filed 5-8-18; 8:45 am]
 BILLING CODE 4910-13-P