[Federal Register: February 18, 2009 (Volume 74, Number 31)]
[Proposed Rules]
[Page 7573-7575]
[DOCID:fr18fe09-17]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0135; Directorate Identifier 2008-NM-170-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-400 and 747-400D
Series 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
certain Boeing Model 747-400 and 747-400D series airplanes. This
proposed AD would require repetitive inspections to detect cracks in
the floor panel attachment fastener holes of the Section 41 upper deck
floor beam upper chords, and related investigative and corrective
actions if necessary. This proposed AD results from reports of cracks
found in the Section 41 upper deck floor beam upper chords. We are
proposing this AD to detect and correct cracks in these chords, which
could become large and cause the floor beams to become severed and
result in rapid decompression or reduced controllability of the
airplane.

DATES: We must receive comments on this proposed AD by April 6, 2009.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER> or
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0135;
Directorate Identifier 2008-NM-170-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of 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 proposed AD.

Discussion

    We have received reports of cracks found in the floor panel
attachment fastener holes of the Section 41 upper deck floor beam upper
chords on three different Boeing Model 747-400D series airplanes, which
had accumulated 24,053, 24,783, and 25,631 total flight cycles. Similar
cracks were also found on the Model 747-400 fatigue test airplane.
Cracks in these chords that are not found and repaired could become
large and cause the floor beams to become severed. This can lead to
large deflection of the upper deck floor; and cause damage to the
adjacent body skin, frames, and stringers. Because flight-critical wire
bundles and control cables are routed through cutouts in the upper deck
floor beams, a large deflection of the upper deck floor could result in
damage to wire bundles and unintended inputs to the flight control
cables, which could result in reduced controllability of the airplane.
If multiple adjacent floor beams are severed, the result could be rapid
decompression or reduced controllability.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2688,
datedAugust 21, 2008. The service bulletin describes procedures for
repetitive inspections for fatigue cracks of the floor panel attachment
fastener holes in the Section 41 upper deck floor beam upper chords.
The inspection type depends on the means of access (whether gained from
above or below) and repair/modification condition. The inspection
procedures described are (1) open-hole high frequency eddy current
(HFEC) inspections of the floor panel

attachment fastener holes in the upper chords, or (2) surface HFEC
inspections of the forward and aft horizontal flanges of the upper
chords at floor panel attachment fastener holes, preceded by
modification of the clipnuts for the floor panel attachment fasteners.
    For airplanes with no crack, the service bulletin provides optional
procedures for modifying (by oversizing) the floor panel attachment
holes, which would extend the compliance time for the initiation of the
repetitive inspections.
    The service bulletin specifies repairing cracks per the service
bulletin or contacting Boeing for repair instructions. For certain
conditions, the repair procedures provided in the service bulletin
include oversizing affected holes, doing an open-hole HFEC inspection
for cracks, and repeating the oversizing and inspection procedures
until no crack indications are found. The service bulletin also
provides procedures for installing repair straps and clips for certain
other conditions.
    The compliance time for the initial inspection is before 20,000
total flight cycles on the floor beam upper chords, within 1,000 flight
cycles after the effective date of the service bulletin, or within
2,000 or 6,000 flight cycles (depending on the inspection type used)
since the last Supplemental Structural Inspection Document (SSID)
inspection (the SSID inspections are required by AD 2004-07-22 R1,
amendment 39-15326 (73 FR 1052, January 7, 2008), whichever occurs
latest. Cracks must be repaired before further flight. The threshold
for the initiation of the repetitive inspection depends on the most
recent inspection type used and repair/modification status, and ranges
from 2,000 to 15,000 flight cycles. The intervals for the repetitive
inspections depend on the inspection type and repair/modification
status, and range from 2,000 to 6,000 flight cycles.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the actions
specified in the service information described previously, except as
discussed below.

Differences Between Proposed Rule and Service Bulletin

    The service bulletin specifies to contact the manufacturer for
instructions to repair certain conditions, but this proposed AD would
require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Delegation Option Authorization
Organization whom we have authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 53 airplanes of U.S.
registry. The following table provides the estimated costs for U.S.
operators to comply with this proposed AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
            Action                      Work hours          Average labor        Parts       Cost per product    registered            Fleet cost
                                                            rate per hour                                         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection....................  48 or 50.................             $80  None............  $3,840 or $4,000              53  Up to $212,000 per
                                                                                per inspection                    inspection cycle.
                                                                                cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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), and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

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

    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]

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

Boeing: Docket No. FAA-2009-0135; Directorate Identifier 2008-NM-
170-AD.

Comments Due Date

    (a) We must receive comments by April 6, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400 and 747-400D series
airplanes, certificated in any category; as identified in Boeing
Alert Service Bulletin 747-53A2688, dated August 21, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from reports of cracks found in the Section
41 upper deck floor beam upper chords. We are issuing this AD to
detect and correct cracks in these chords, which could become large
and cause the floor beams to become severed and result in rapid
decompression or reduced controllability of the airplane.

Compliance

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

Inspections and Corrective Actions

    (g) Except as required by paragraphs (h) and (i) of this AD: At
the applicable times in paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2688, dated August 21, 2008, do an
inspection (open-hole or surface high frequency eddy current), to
detect cracks in the floor panel attachment fastener holes of the
Section 41 upper deck floor beam upper chords, and do applicable
related investigative and corrective actions, by accomplishing all
the applicable actions specified in the Accomplishment Instructions
of the service bulletin. Repeat the inspections thereafter at the
applicable times specified in paragraph 1.E., ``Compliance,'' of the
service bulletin.
    (h) If any crack is found during any inspection required by
paragraph (g) of this AD, and Boeing Alert Service Bulletin 747-
53A2688, dated August 21, 2008, specifies to contact Boeing for
appropriate action: Before further flight, repair the crack using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.
    (i) Where Boeing Alert Service Bulletin 747-53A2688, dated
August 21, 2008, specifies a compliance time after the date on the
service bulletin, this AD requires compliance within the specified
compliance time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.

    Issued in Renton, Washington, on February 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-3386 Filed 2-17-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Page 43622]
[FR Doc No: 2016-15752]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4269-DR; Docket ID FEMA-2016-0001]

Texas; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4269-DR), dated April 25, 2016, and
related determinations.

DATES: Effective Date: June 3, 2016.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the Public
Assistance program for the following areas among those areas determined
to have been adversely affected by the event declared a major disaster
by the President in his declaration of April 25, 2016.

    Bastrop, Bosque, Callahan, Coryell, Milam, and Washington
Counties for Public Assistance.

    Austin, Colorado, Fayette, Grimes, Harris, Montgomery, San
Jacinto, Waller, and Wharton Counties for Public Assistance (already
designated for Individual Assistance).

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-15752 Filed 7-1-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Proposed Rules]
[Pages 20598-20600]
[FR Doc No: 2016-08159]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0005; FRL-9944-72-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Measurement and Reporting of Condensable Particulate
Matter Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This SIP revision amends two regulations
to clarify testing and sampling methods for stationary sources of
particulate matter (PM) and add the requirement to measure and report
filterable and condensable PM. This action is being taken under the
Clean Air Act (CAA).

DATES: Written comments must be received on or before May 9, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2016-0005 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    PM, also known as particle pollution, is a complex mixture of
extremely small particles and liquid droplets. Particle pollution is
made up of a number of components, including acids (such as nitrates
and sulfates), organic chemicals, metals, and soil or dust particles.
The

size of particles is directly linked to their potential for causing
health problems. EPA is concerned about particles that are 10
micrometers in diameter or smaller, because those are the particles
that generally pass through the throat and nose and enter the lungs.
Once inhaled, these particles can affect the heart and lungs and cause
serious health effects.
    EPA established the first national ambient air quality standard
(NAAQS) for coarse particles (PM10), which are particles
less than 10 microns in diameter, on July 1, 1987. 52 FR 24634. The
rules established primary (health based) and secondary (welfare based)
PM10 standards for short term (24-hour) and long term
(annual) exposures to PM. The 24-hour standards were set at 150
micrograms per cubic meter ([micro]g/m\3\), not to be exceeded more
than once per year on average over a 3-year period. The annual
standards were set at 50 [micro]g/m\3\, based on a three-year average
annual arithmetic mean. On July 18, 1997, EPA established the first
NAAQS for particles less than 2.5 microns in diameter, known as fine
particulate (PM2.5). 62 FR 38652. EPA set an annual primary
and secondary standards at 15 [micro]g/m\3\, based on a three-year
average of annual mean PM2.5 concentrations and 24-hour
primary and secondary standards at 65 [micro]g/m\3\, based on a three-
year average of the 98th percentile of 24-hour concentrations. EPA
revised the PM2.5 NAAQS on October 17, 2006, lowering the
primary and secondary 24-hour NAAQS from 65 [micro]g/m\3\ to 35
[micro]g/m\3\. 71 FR 61144. In that rule, EPA retained the 24-hour
PM10 NAAQS, and revoked the annual PM10 standard.
On December 14, 2012, EPA once again revised the PM2.5
NAAQS, lowering the level of the health based primary annual standard
from 15 to 12 [micro]g/m\3\, while retaining the welfare based
secondary annual standard at 15 [micro]g/m\3\. That rule also retained
the 24-hour PM2.5 standard at a level of 35 [micro]g/m\3\.
    On December 1, 2010, EPA revised two test methods for measuring PM
emissions from stationary sources. 75 FR 80118. One of the revised
methods, called Method 201A, provides the capability to measure the
mass of filterable PM2.5. The second revised method, called
Method 202, makes measurement of condensable PM more accurate.
Condensable PM forms from condensing gases or vapors. It is a common
component of both PM10 and PM2.5. The combination
of Methods 201A and 202 helps EPA and states to develop more accurate
primary PM emissions inventories, determine whether stationary sources
are major sources of PM10 or PM2.5 emissions for
the New Source Review (NSR)/Prevention of Significant Deterioration
(PSD) program or the Title V Permit program, determine more accurately
the effectiveness of control devices for PM10 or
PM2.5, develop regulatory limits with more appropriate test
methods, and determine compliance with regulatory limits with greater
accuracy. See 40 CFR part 51 appendix M and 75 FR 80118 (December 21,
2010).

II. Summary of SIP Revision

    On June 25, 2015, the Commonwealth of Pennsylvania submitted a
formal SIP revision that amends chapters 121 and 139 of title 25,
Environmental Protection, of the Pennsylvania Code (25 Pa. Code).
Methods 201A and 202 are incorporated by reference in Pennsylvania's
Source Testing Manual, which is incorporated by reference in 25 Pa.
Code, chapter 139, Sampling and Testing. Amendments to chapter 121, in
section 121.1, add definitions for the terms ``condensable particulate
matter'' and ``filterable particulate matter.'' The amendments to 25
Pa. Code section 139.12 explain the process for determining compliance
with filterable and condensable PM emission limitations, and explains
the compliance demonstration process. Under 25 Pa. Code section
139.12(b), the owner or operator of a stationary source subject to PM
emission limitations or to NSR/PSD applicability determinations is
required to demonstrate compliance for filterable and condensable PM
emissions. The amendment to 25 Pa. Code section 139.53 specifies to
whom monitoring reports must be submitted.

III. Proposed Action

    EPA is proposing to approve the June 25, 2015 Pennsylvania SIP
revision, which amends specific provisions within chapters 121 and 139
of 25 Pa. Code. The amendments clarify testing and sampling methods and
reporting requirements for stationary sources of PM and add the
requirement to measure and report filterable and condensable PM. This
revision meets requirements in section 110 of the CAA and strengthens
the Pennsylvania SIP. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.

IV. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in
a final EPA rule, regulatory text that includes incorporation by
reference. In accordance with the requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference the revised Pennsylvania
regulations, published in the Pennsylvania Bulletin, Vol. 44 No. 15,
April 12, 2014, and effective on April 12, 2014. EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

V. 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 proposed 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);
     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, this rulemaking action, proposing to approve
amendments to Pennsylvania's regulations regarding testing and sampling
methods for stationary sources of PM, including filterable and
condensable PM, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the Commonwealth,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.o

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

    Dated: March 24, 2016
Shawn M. Garvin,
Regional Administrator Region III.
[FR Doc. 2016-08159 Filed 4-7-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Proposed Rules]
[Page 36586-36587]
[DOCID:fr28jn10-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0603; Airspace Docket No. 10-ASW-9]

Proposed Revocation of Class E Airspace; Franklin, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove Class E airspace at Franklin,
TX. Abandonment of the former Rocking 7 Ranch Airport and cancellation
of all Standard Instrument Approach Procedures (SIAPs) has eliminated
the need for controlled airspace in the Franklin, TX, area. The FAA is
taking this action to ensure the efficient use of airspace within the
National Airspace System.

DATES: Comments must be received on or before August 12, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2010-0603/Airspace Docket No. 10-
ASW-9, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2010-0603/
Airspace Docket No. 10-ASW-9.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend title 14, Code of Federal Regulations
(14 CFR), part 71 by removing the Class E airspace extending upward
from 700 feet above the surface at the former Rocking 7 Ranch Airport,
Franklin, TX. The airport has been abandoned and all SIAPs have been
cancelled, therefore, controlled airspace is no longer needed for the
safety and management of IFR operations.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing

regulations to assign the use of airspace necessary to ensure the
safety of aircraft and the efficient use of airspace. This regulation
is within the scope of that authority as it would remove controlled
airspace at the former Rocking 7 Ranch Airport, Franklin, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6005 Class E Airspace extending upward from 700 feet
above the surface.

* * * * *

ASW TX E5 Franklin, TX [Removed]

* * * * *

    Issued in Fort Worth, TX on June 16, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-15678 Filed 6-25-10; 8:45 am]
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