[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Notices]
[Page 8245-8246]
[DOCID:fr24fe09-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 459-253]

Ameren/UE; Notice of Application for Amendment of License and
Soliciting Comments, Motions To Intervene, and Protests

February 17, 2009.
    a. Type of Application: Non-project use of project lands and
waters.
    b. Project Number: 459-253.
    c. Date Filed: February 4, 2009.
    d. Applicant: Ameren/UE.
    e. Name of Project: Osage Hydroelectric Project.
    f. Location: The project is located in Benton, Camden, Miller, and
Morgan Counties, Missouri. The proposed action would be located at
Captain Ron's Restaurant near mile marker 34.2+0.4 in Francis Hollow
Cove on the Lake of the Ozarks, in Camden County, Missouri.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a) 825(r)
and 799 and 801.
    h. Applicant Contact: Mr. Jeff Green, Shoreline Supervisor, Ameren/
UE, P.O. Box 993, Lake Ozark, MO 65049,<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Christopher Yeakel at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>    j. Deadline for Filing Comments and/or Motions: March 17, 2009.
    k. Description of Request: Ameren/UE requests approval to permit
Buccaneer Bay, LLC, to modify 4 existing multi-slip boat docks and
construct 2 new multi-slip boat docks at Captain Ron's Restaurant. The
existing docks would be reconfigured to be consistent with AmerenUE's
shoreline permitting guidelines. One existing dock would expand from 14
to 20 covered single slips. One proposed dock would consist of 8 double
uncovered slips and extend 132 feet from the shoreline; the other
proposed dock would consist of 8 single covered slips and extend 138
feet from the shoreline. Approval of the licensee's proposal would
increase the permitted watercraft capacity of the facilities from 88 to
118 watercraft. The docks would be available to patrons of Captain
Ron's Restaurant. No dredging, fuel dispensing, or sewage pumping
facilities are proposed. In developing the application, the licensee
consulted with the Missouri State Historic Preservation Officer, U.S.
Fish and Wildlife Service, the Missouri Department of Conservation, and
the Missouri State Water Patrol.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE, Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (p-459) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3372 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also

available for inspection and reproduction at the address in item (h)
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene--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,
.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 particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers (p-459-253). All documents (original and eight
copies) should be filed with: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington DC
20426. A copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    p. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3857 Filed 2-23-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Pages 26864-26867]
[FR Doc No: 2017-11278]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0530; Directorate Identifier 2017-NM-012-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-11-
02, which applies to all Bombardier, Inc., Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) airplanes; Model CL-600-2D15 (Regional Jet
Series 705) airplanes; Model CL-600-2D24 (Regional Jet Series 900)
airplanes; and Model CL-600-2E25 (Regional Jet Series 1000) airplanes.
AD 2016-11-02 requires repetitive inspections of the upper and lower
engine pylons for protruding, loose, or missing fasteners; and repair
if necessary. Since we issued AD 2016-11-02, we have determined that a
terminating action is necessary to address the unsafe condition. This
proposed AD would continue to require the repetitive inspections of the
upper and lower engine pylons for protruding, loose, or missing
fasteners; and repair if necessary. This proposed AD would also require
replacement of affected fasteners, which terminates the inspections. We
are proposing this AD to address the unsafe condition on these
products.

DATES:  We must receive comments on this proposed AD by July 27, 2017.

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
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.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>.

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-2017-
0530; 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
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: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; 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-2017-0530;
Directorate Identifier 2017-NM-012-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 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 proposed AD.

Discussion

    On May 17, 2016, we issued AD 2016-11-02, Amendment 39-18529 (81 FR
33371, May 26, 2016) (``AD 2016-11-02''), for all Bombardier, Inc.,
Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes;
Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model CL-600-
2D24 (Regional Jet Series 900) airplanes; and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. AD 2016-11-02 was prompted by
reports of loose or missing fasteners on the upper and lower engine
pylon structure common to the upper and lower pylon skin panels and
engine thrust fitting. AD 2016-11-02 requires repetitive detailed
visual inspections of the upper and lower engine pylons for protruding,
loose, or missing fasteners; and repair, including applicable related
investigative and corrective actions, if necessary. We issued AD 2016-
11-02 to detect and correct protruding, loose, or missing fasteners,
which could result in structural failure of the engine pylons.
    Since we issued AD 2016-11-02, we have determined that a
terminating action is necessary to address the unsafe condition. In
addition, Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-10R1, dated July 8, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Bombardier, Inc., Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) airplanes; Model CL-600-2D15 (Regional Jet
Series 705) airplanes; Model CL-600-2D24 (Regional Jet Series 900)
airplanes; and Model CL-600-2E25 (Regional Jet Series 1000) airplanes.
The MCAI states:

    There have been several reported findings of loose or missing
Hi-Lite fasteners and collars on the left hand (L/H) and right hand
(R/H) upper and lower engine pylon structure common to the upper and
lower pylon skin panels and engine thrust fitting. Missing fasteners
in these areas are shown to significantly reduce the safety margins
and could result in a structural failure of the engine pylon.
    Bombardier, as an interim corrective action issued a new
Aircraft Maintenance Manual (AMM) task for detailed inspection of
the engine pylon rib and skin fasteners to inspect for protruding,
loose or missing fasteners and rectify any discrepancies noted in
accordance with a Repair Engineering Order (REO). The original
version of this [Canadian] AD, CF-2016-10, mandated the subject
inspection and necessary rectification.
    Bombardier has since issued Service Bulletin (SB) 670BA-54-007
to replace all affected fasteners with interference fit fasteners
[including applicable related investigative and corrective actions],
as terminating action for the mandated inspection requirement.
[Canadian] AD CF-2016-10 is now being revised to mandate compliance
with SB 670BA-54-007.

Related investigative actions include measurements of the attach holes
in the engine pylon upper structure and special detailed visual
inspections for cracks in the engine pylon structure. Corrective
actions include repair. 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-2017-0530.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., issued Service Bulletin 670BA-54-007, dated May
13, 2016. The service information describes procedures for replacing
fasteners and collars, including applicable related investigative and
corrective actions.
    Bombardier, Inc., also issued Repair Engineering Order 670-54-51-
034, ``Repair for Missing or Loose/Protruding Fasteners in Upper and
Lower Pylon Skins FS 1088-FS 1098, PBL 69.3 L & RHS,'' Revision A,
dated April 20, 2016. The service information describes procedures for
repair, including applicable related investigative and corrective
actions.
    In addition, Bombardier, Inc., issued Temporary Revision 54-0007,
dated March 8, 2016, to the CRJ700/900/1000 AMM. The service
information describes procedures for a detailed visual inspection for
protruding, loose, or missing fasteners of the left-hand and right-hand
upper and lower engine pylons.
    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 273 airplanes of U.S.
registry.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per  product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (retained from AD 2016- 1 work-hour x $85                $0  $85 per inspection   $23,205 per
 11-02).                            per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
Replacement (new action).........  43 work-hours x $85           1,808  $5,463 per           $1,491,399 per
                                    per hour = $3,655                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspection. We have no
way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                        Labor cost            Parts cost            Cost per  product
----------------------------------------------------------------------------------------------------------------
Repair (retained from AD 2016-11-   Up to 32 work-hours x $85            \(1)\  Up to $2,720.
 02).                                per hour = $2,720.
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide cost estimates for the parts cost
  specified in this proposed AD for the on-condition repairs.

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);
    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 removing Airworthiness Directive (AD)
2016-11-02, Amendment 39-18529 (81 FR 33371, May 26, 2016), and adding
the following new AD:

Bombardier, Inc.: Docket No. FAA-2017-0530; Directorate Identifier
2017-NM-012-AD.

(a) Comments Due Date

    We must receive comments by July 27, 2017.

(b) Affected ADs

    This AD replaces AD 2016-11-02, Amendment 39-18529 (81 FR 33371,
May 26, 2016) (``AD 2016-11-02'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
through (c)(4) of this AD, certificated in any category.
    (1) Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series
700, 701, & 702) airplanes, serial numbers (S/Ns) 10002 through
10344, inclusive.
    (2) Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series
705) airplanes, S/Ns 15001 through 15388 inclusive, 15391, 15392,
and 15395.
    (3) Bombardier, Inc., Model CL-600-2D24 (Regional Jet Series
900) airplanes, S/Ns 15001 through 15388 inclusive, 15391, 15392,
and 15395.
    (4) Bombardier, Inc., Model CL-600-2E25 (Regional Jet Series
1000) airplanes, S/Ns 19001 through 19044 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
Pylons.

(e) Reason

    This AD was prompted by reports of loose or missing fasteners
and collars on the upper and lower engine pylon structure common to
the upper and lower pylon skin panels and engine thrust fitting. We
are issuing this AD to prevent protruding, loose, or missing
fasteners, which could result in structural failure of the engine
pylons.

(f) Compliance

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

(g) Retained Inspection, With a Reference To Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD
2016-11-02, with a reference to new terminating action. At the
applicable time specified in paragraph (g)(1) or (g)(2) of this AD:
Do a detailed visual inspection for protruding, loose, or missing
fasteners of the upper and lower engine pylons, in accordance with
Bombardier Temporary Revision (TR) 54-0007, dated March 8, 2016, to
the CRJ700/900/1000 Aircraft Maintenance Manual. Repeat the
inspection thereafter at intervals not to exceed 1,500 flight hours.
Accomplishment of the replacement required by paragraph (j) of this
AD is terminating action for the inspections required by this
paragraph.
    (1) For airplanes that have accumulated more than 840 total
flight hours as of June 10, 2016 (the effective date of AD 2016-11-
02): Inspect within 660 flight hours or 3 months, whichever occurs
first, after June 10, 2016.
    (2) For airplanes that have accumulated 840 total flight hours
or less as of June 10, 2016 (the effective date of AD 2016-11-02):
Inspect before the accumulation of 1,500 total flight hours.

(h) Retained Repair, With New Service Information

    This paragraph restates the requirements of paragraph (h) of AD
2016-11-02, with new service information. If any protruding, loose,
or missing fastener is found during any inspection required by
paragraph (g) of this AD, before further flight, repair, including
applicable related investigative and corrective actions, in
accordance with Bombardier Repair Engineering Order (REO) 670-54-51-
034, ``Repair for Missing or Loose/Protruding Fasteners in Upper and
Lower Pylon Skins FS 1088-FS 1098, PBL 69.3 L & RHS,'' dated March
7, 2016, or Revision A, dated April 20, 2016; except where
Bombardier REO 670-54-51-034, ``Repair for Missing or loose/
Protruding Fasteners in Upper and Lower Pylon Skins FS 1088-FS 1098,
PBL 69.3 L & RHS,'' dated March 7, 2016; or Revision A, dated April
20, 2016; specifies to contact Bombardier for further instruction,
before further flight,

repair using a method approved by the Manager, New York Aircraft
Certification Office (ACO), ANE-170, FAA; or TCCA; or Bombardier,
Inc.'s TCCA Design Approval Organization (DAO). As of the effective
date of this AD, use Bombardier REO 670-54-51-034, ``Repair for
Missing or Loose/Protruding Fasteners in Upper and Lower Pylon Skins
FS 1088-FS 1098, PBL 69.3 L & RHS,'' Revision A, dated April 20,
2016, for the actions required by this paragraph.

(i) Retained Credit for Previous Actions, With No Changes

    This paragraph restates paragraph (i) of AD 2016-11-02, with no
changes. This paragraph provides credit only for the initial
inspection specified in paragraph (g) of this AD, if that action was
performed before June 10, 2016 (the effective date of AD 2016-11-02)
using Bombardier Reference Instruction Letter 4212, dated December
23, 2015; or Bombardier Reference Instruction Letter 4212A, Revision
A, dated January 28, 2016.

(j) New Requirements of This AD: Fastener and Collar Replacement

    Within 12,600 flight hours or 72 months after the effective date
of this AD, whichever occurs first: Replace affected fasteners and
collars, including doing all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-54-007, dated May
13, 2016. Where Bombardier Service Bulletin 670BA-54-007, dated May
13, 2016, specifies to contact Bombardier for appropriate action:
Before further flight, accomplish the applicable corrective action
in accordance with the procedures specified in paragraph (m)(2) of
this AD.

(k) Terminating Action for the Introductory Text to Paragraph (g) of
This AD

    Accomplishing the replacement required by paragraph (j) of this
AD constitutes terminating action for the inspections required by
the introductory text to paragraph (g) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (j) of this AD, if that action was performed before the
effective date of this AD using Bombardier REO 670-54-51-035,
``Permanent Repair for Clearance Fit Installed (-8) Size Fasteners
in Upper and Lower Pylon Skins FS 1088-FS 1098, PBL 69.3 L & RHS &
Terminating Action for GREO 670-54-51-034,'' dated April 20, 2016.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, 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 ACO, send it to: ATTN: The
Program Manager, Continuing Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. 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, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval
must include the DAO-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2016-10R1, dated July 8, 2016, 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-2017-0530.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514 855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 24, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-11278 Filed 6-9-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4762-4763]
[FR Doc No: 2020-01284]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0140]

Agency Information Collection Activities; Extension of an
Approved Information Collection Request: Transportation of Hazardous
Materials, Highway Routing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), U.S.
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. FMCSA requests approval
to extend an existing ICR titled, ``Transportation of Hazardous
Materials, Highway Routing.'' The information reported by States, the
District of Columbia, Indian tribes, and U.S. Territories is necessary
to identify designated/restricted routes and restrictions or
limitations affecting how motor carriers may transport certain
hazardous materials on their highways, including dates that such routes
were established and information on subsequent changes or new hazardous
materials routing designations.
    FMCSA received one anonymous comment to the 60-day Federal Register
Notice published on August 13, 2019. The comment was in support of the
information collection.

DATES: Please send your comments by February 26, 2020. OMB must receive

your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2019-0140. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Suzanne Rach, Office of
Enforcement and Compliance, Hazardous Materials Division, FMCSA, West
Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590.
Telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Office hours are
from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Background: The data for the Transportation of Hazardous Materials;
Highway Routing ICR is collected under authority of 49 U.S.C. 5112 and
5125. Specifically, 49 U.S.C. 5112(c) requires that the Secretary, in
coordination with the States, ``shall update and publish periodically a
list of currently effective hazardous material highway route
designations.''
    In 49 CFR 397.73, FMCSA requires that each State, the District of
Columbia, Indian tribes, and U.S. Territories, through its routing
agency, provide information identifying new, or changes to existing,
hazardous materials routing designations within its jurisdiction within
60 days after their establishment (or 60 days of the change). That
information is collected and consolidated by FMCSA and published
annually, in whole or as updates, in the Federal Register at https://www.fmcsa.dot.gov/.
    Title: Transportation of Hazardous Materials, Highway Routing.
    OMB Control Number: 2126-0014.
    Type of Request: Extension of a currently-approved information
collection.
    Respondents: The reporting burden is shared by 50 States, the
District of Columbia, Indian tribes with designated routes, and U.S.
Territories including; Puerto Rico, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands and the U.S. Virgin
Islands.
    Estimated Number of Respondents: 57 [36 States + the District of
Columbia, with designated hazardous materials highway routes + 19
States/U.S. Territories without designated hazardous materials highway
routes + 1 Indian tribe with a designated route = 57].
    Estimated Time per Response: 15 minutes.
    Expiration Date: April 30, 2020.
    Frequency of Response: Once every two years.
    Estimated Total Annual Burden: 7 hours [57 annual respondents x 1
response per 2 years x 15 minutes per response/60 minutes per response
= 7.125 hours rounded to 7 hours].
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform it's functions; (2)
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information.

    Issued under the authority delegated in 49 CFR 1.87 on: January
17, 2020.
Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2020-01284 Filed 1-24-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45475-45479]
[FR Doc No: 2017-20834]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0398; FRL-9968-5-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Nonattainment New Source Review Requirements for the 2008 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the State of Maryland's state
implementation plan (SIP). The revision is in response to EPA's
February 3, 2017 Findings of Failure to Submit for various requirements
relating to the 2008 8-hour ozone national ambient air quality
standards (NAAQS). This SIP revision is specific to nonattainment new
source review (NNSR) requirements. EPA is approving this revision in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on November 28, 2017 without further
notice, unless EPA receives adverse written comment by October 30,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0398 at https://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: Mrs. Amy Johansen,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 8, 2017, the Maryland Department of the Environment (MDE)
submitted on behalf of the State of Maryland a formal revision,
requesting EPA's approval for the SIP of its NNSR Certification for the
2008 Ozone Standard (Revision 17-01). The SIP revision is in response
to EPA's final 2008 8-hour ozone NAAQS Findings of Failure to Submit
for NNSR requirements. See 82 FR 9158 (February 3, 2017). Specifically,
Maryland is certifying that its existing NNSR program, covering the
Baltimore Nonattainment Area (which includes Anne Arundel, Baltimore,
Carroll, Harford, and Howard Counties and the city of Baltimore), the
Philadelphia-Wilmington-Atlantic City Nonattainment Area (which
includes Cecil County in Maryland), and the Washington, DC
Nonattainment Area (which includes Calvert, Charles, Frederick,
Montgomery, and Prince Georges Counties in Maryland) for the 2008 8-
hour ozone NAAQS, is at least as stringent as the requirements at 40
CFR 51.165, as amended by the final rule titled ``Implementation of the
2008 National Ambient Air Quality Standards

for Ozone: State Implementation Plan Requirements'' (SIP Requirements
Rule), for ozone and its precursors.\1\ See 80 FR 12264 (March 6,
2015).
---------------------------------------------------------------------------

    \1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
---------------------------------------------------------------------------

A. 2008 8-Hour Ozone NAAQS

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Philadelphia-Wilmington-
Atlantic City Area and the Washington, DC Area were classified as
marginal nonattainment areas, and the Baltimore Area was classified as
a moderate nonattainment for the 2008 8-hour ozone NAAQS on May 21,
2012 (effective July 20, 2012) using 2008-2010 ambient air quality
data. See 77 FR 30088. On March 6, 2015, EPA issued the final SIP
Requirements Rule, which establishes the requirements that state,
tribal, and local air quality management agencies must meet as they
develop implementation plans for areas where air quality exceeds the
2008 8-hour ozone NAAQS. See 80 FR 12264. Areas that were designated as
marginal ozone nonattainment areas were required to attain the 2008 8-
hour ozone NAAQS no later than July 20, 2015, based on 2012-2014
monitoring data. See 40 CFR 51.1103. The Philadelphia-Wilmington-
Atlantic City Area and the Washington, DC Area did not attain the 2008
8-hour ozone NAAQS by July 20, 2015; however, these areas did meet the
CAA section 181(a)(5) criteria, as interpreted in 40 CFR 51.1107, for a
1-year attainment date extension. See 81 FR 26697 (May 4, 2016).
Therefore, on April 11, 2016, the EPA Administrator signed a final rule
extending the Philadelphia-Wilmington-Atlantic City Area and the
Washington, DC Area 2008 8-hour ozone NAAQS attainment date from July
20, 2015 to July 20, 2016.\2\
---------------------------------------------------------------------------

    \2\ EPA proposed approval of a Determination of Attainment (DOA)
for the 2008 8-hour ozone NAAQS for the Philadelphia-Wilmington-
Atlantic City Area and the Washington, DC Area on April 18, 2017 and
April 25, 2017, respectively. These proposed actions were based on
complete, certified, and quality assured ambient air quality
monitoring data for the 2013-2015 monitoring period. See 82 FR 18268
(April 18, 2017) and 82 FR 19011 (April 25, 2017). It should be
noted that a DOA does not alleviate the need for Maryland to certify
that their existing SIP approved NNSR program is as stringent as the
requirements at 40 CFR 51.165, as NNSR applies in nonattainment
areas until an area has been redesignated to attainment. EPA expects
to finalize the April 18, 2017 and April 25, 2017 DOAs in future
rulemaking actions.
---------------------------------------------------------------------------

    Moderate areas, such as the Baltimore Area, are required to attain
the 2008 8-hour ozone NAAQS no later than July 20, 2018, six years
after the effective date of the initial nonattainment designations.\3\
See 40 CFR 51.1103. The statutorily required DOA, for the Baltimore
Area, which is due prior to the attainment date for the Area, has not
passed and will be addressed in a future rulemaking action.
---------------------------------------------------------------------------

    \3\ On June 1, 2015, EPA finalized a clean data determination
(CDD) for the Baltimore Area. This determination was based upon
complete, quality-assured, and certified ambient air quality
monitoring data that shows the Baltimore Area has monitored
attainment of the 2008 8-hour ozone NAAQS for the 2012-2014
monitoring period. As a result of this determination, the
requirement for the Baltimore Area to submit an attainment
demonstration and associated reasonably available control measures
(RACM), reasonable further progress plans (RFP), contingency
measures, and other SIP revisions related to attainment of the
standard are suspended for as long as the area continues to attain
the 2008 8-hour ozone standard. See 80 FR 30941 (June 2, 2015). This
action did not alleviate the need for Maryland to submit a NNSR
Certification SIP revision, which is the subject of this rulemaking
action.
---------------------------------------------------------------------------

    Based on initial nonattainment designations for the 2008 8-hour
ozone standard, as well as the March 6, 2015 final SIP Requirements
Rule, Maryland was required to develop a SIP revision addressing
certain CAA requirements for the Philadelphia-Wilmington-Atlantic City,
Washington, DC, and Baltimore Areas, and submit to EPA a NNSR
Certification SIP or SIP revision no later than 36 months after the
effective date of area designations for the 2008 8-hour ozone NAAQS
(i.e., July 20, 2015). See 80 FR 12264 (March 6, 2015). EPA is taking
action on Maryland's May 8, 2017 NNSR Certification SIP revision. EPA's
analysis of how this SIP revision addresses the NNSR requirements for
the 2008 8-hour ozone NAAQS is provided in Section II below.

B. 2017 Findings of Failure To Submit SIP for the 2008 8-Hour Ozone
NAAQS

    Areas designated nonattainment for the ozone NAAQS are subject to
the general nonattainment area planning requirements of CAA section 172
and also to the ozone-specific planning requirements of CAA section
182.\4\ States in the ozone transport region (OTR), such as Maryland,
are additionally subject to the requirements outlined in CAA section
184.
---------------------------------------------------------------------------

    \4\ Ozone nonattainment areas are classified based on the
severity of their ozone levels (as determined based on the area's
``design value,'' which represents air quality in the area for the
most recent 3 years). The possible classifications for ozone
nonattainment areas are Marginal, Moderate, Serious, Severe, and
Extreme. See CAA section 181(a)(1).
---------------------------------------------------------------------------

    Ozone nonattainment areas in the lower classification levels have
fewer and/or less stringent mandatory air quality planning and control
requirements than those in higher classifications. For a marginal area,
such as the Philadelphia-Wilmington-Atlantic City Area and the
Washington, DC Area, a state is required to submit a baseline emissions
inventory, adopt a SIP requiring emissions statements from stationary
sources, and implement a NNSR program for the relevant ozone standard.
See CAA section 182(a). For a moderate area, such as the Baltimore
Area, a state needs to comply with the marginal area requirements, plus
additional requirements, including the requirement to submit a
demonstration that the area will attain in 6 years, the requirement to
adopt and implement certain emissions controls, such as reasonably
available control technology (RACT), and the requirement for greater
emissions offsets for new or modified major stationary sources under
the state's NNSR program. For each higher ozone nonattainment
classification, a state needs to comply with all lower area
classification requirements, plus additional emissions controls and
more expansive NNSR offset requirements.
    The CAA sets out specific requirements for states in the OTR.\5\
Upon promulgation of the 2008 8-hour ozone NAAQS, states in the OTR
were required to submit a SIP revision for RACT. See 40 CFR 51.1116.
This requirement is the only recurring obligation for an OTR state upon
revision of a NAAQS, unless that state also contains some portion of a
nonattainment area for the revised NAAQS. In that case, the
nonattainment requirements described previously also apply to those
portions of that state.
---------------------------------------------------------------------------

    \5\ CAA section 184 details specific requirements for a group of
states (and the District of Columbia) that make up the OTR. States
in the OTR are required to submit RACT SIP revisions and mandate a
certain level of emissions control for the pollutants that form
ozone, even if the areas in the state meet the ozone standards.
---------------------------------------------------------------------------

    In the March 6, 2015 SIP Requirements Rule, EPA detailed the

requirements applicable to ozone nonattainment areas, as well as
requirements that apply in the OTR, and provided specific deadlines for
SIP submittals.
    On February 3, 2017, EPA found that 15 states and the District of
Columbia failed to submit SIP revisions in a timely manner to satisfy
certain requirements for the 2008 8-hour ozone NAAQS that apply to
nonattainment areas and/or states in the OTR. See 82 FR 9158. As
explained in that rulemaking action, consistent with the CAA and EPA
regulations, these findings of failure to submit established certain
deadlines for the imposition of sanctions, if a state does not submit a
timely SIP revision addressing the requirements for which the finding
is being made, and for the EPA to promulgate a federal implementation
plan (FIP) to address any outstanding SIP requirements.
    EPA found that the State of Maryland failed to submit SIP revisions
in a timely matter to satisfy NNSR requirements for its marginal and
moderate nonattainment areas, specifically the Philadelphia-Wilmington-
Atlantic City Area, the Washington, DC Area, and the Baltimore Area.\6\
Maryland submitted its May 8, 2017 SIP revision to address the specific
NNSR requirements for the 2008 8-hour ozone NAAQS, located in 40 CFR
51.160-165, as well as its obligations under EPA's February 3, 2017
Findings of Failure to Submit. EPA's analysis of how this SIP revision
addresses the NNSR requirements for the 2008 8-hour ozone NAAQS and the
Findings of Failure to Submit is provided in Section II below.
---------------------------------------------------------------------------

    \6\ The EPA found that the State of Maryland also failed to
submit SIP revisions for inspection and maintenance (I/M) basic and
nitrogen oxide RACT for major sources. These SIP requirements will
be addressed in separate rulemaking actions and will not be
discussed here. See 82 FR 9158 (February 3, 2017).
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    This rulemaking action is specific to Maryland's NNSR requirements.
NNSR is a preconstruction review permit program that applies to new
major stationary sources or major modifications at existing sources
located in a nonattainment area.\7\ The specific NNSR requirements for
the 2008 8-hour ozone NAAQS are located in 40 CFR 51.160-165. The SIP
Requirements Rule explained that, for each nonattainment area, a NNSR
plan or plan revision was due no later than 36 months after the
effective date of area designations for the 2008 8-hour ozone standard
(i.e., July 20, 2015).\8\
---------------------------------------------------------------------------

    \7\ See CAA sections 172(c)(5), 173 and 182.
    \8\ With respect to states with nonattainment areas subject to a
finding of failure to submit NNSR SIP revisions, such revisions
would no longer be required if the area were redesignated to
attainment. The CAA's prevention of significant deterioration (PSD)
program requirements apply in lieu of NNSR after an area is
redesignated to attainment. For areas outside the OTR, NNSR
requirements do not apply in areas designated as attainment.
---------------------------------------------------------------------------

    The minimum SIP requirements for NNSR permitting programs for the
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR
51.1114. These NNSR program requirements include those promulgated in
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR
71018 (November 29, 2005)) and the SIP Requirements Rule implementing
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each
ozone nonattainment area must contain NNSR provisions that: Set major
source thresholds for oxides of nitrogen (NOX) and volatile
organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2); classify physical changes as a major source if the change
would constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase
of NOX as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of
VOC emissions in extreme ozone nonattainment areas as a significant net
emissions increase and a major modification for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2);
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii)
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008
8-hour ozone NAAQS, the SIP for each ozone nonattainment area
designated nonattainment for the 2008 8-hour ozone NAAQS and designated
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also
contain NNSR provisions that include the anti-backsliding requirements
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
    Maryland's longstanding SIP approved NNSR program, established in
Code of Maryland Regulations (COMAR) Air Quality Rule COMAR 26.11.17--
Nonattainment Provisions for Major New Sources and Major Modifications,
applies to the construction and modification of major stationary
sources in nonattainment areas. In its May 8, 2017 SIP revision,
Maryland certifies that the version of the Air Quality Rule COMAR
26.11.17 in the SIP is at least as stringent as the federal NNSR
requirements for the Philadelphia-Wilmington-Atlantic City Area, the
Washington, DC Area, and the Baltimore Area. EPA last approved
revisions to the SIP approved version of Maryland's NNSR rule in 2012
addressing, among other things, NSR Reform and NOX as a
precursor to ozone. See 77 FR 45949 (August 2, 2012).\9\
---------------------------------------------------------------------------

    \9\ On August 30, 2012, EPA published a rulemaking correcting
minor errors in their August 2, 2012 final rule. The correction of
these errors did not change EPA's final action to approve the
Maryland regulations. See 77 FR 52605.
---------------------------------------------------------------------------

    EPA notes that neither COMAR 26.11.17 nor Maryland's approved SIP
have the regulatory provision for any emissions change of VOC in
extreme nonattainment areas, specified in 40 CFR 51165(a)(1)(v)(F),
because Maryland has never had an area designated extreme nonattainment
for any of the ozone NAAQS. Thus, the Maryland SIP is not required to
have this requirement for VOC in extreme nonattainment areas until such
time as Maryland has an extreme ozone nonattainment area. Additionally,
there are no anti-backsliding provisions found in 40 CFR 51.165(a)(12)
in either COMAR 26.11.17 or the Maryland SIP because Maryland's major
stationary source thresholds were established for the 1997 8-hour ozone
NAAQS nonattainment designations, which were and continue to be more
stringent. Thus, antibacksliding requirements are not required.
Maryland has not changed these major stationary source threshold
provisions in COMAR <IP_ADDRESS>(17), so they remain in Maryland's
federally-approved SIP.\10\ All of the sources located in the 2008 8-
hour ozone nonattainment areas in Maryland are required to meet a major
stationary source threshold of 25 tons or more per year of VOC or
NOX.
---------------------------------------------------------------------------

    \10\ Under the 1997 8-hour ozone NAAQS, the Baltimore Area was
classified as serious nonattainment and the Philadelphia-Wilmington-
Atlantic City and Washington, DC Areas were classified as moderate
nonattainment.
---------------------------------------------------------------------------

    The version of COMAR 26.11.17 that is contained in the current SIP
has not changed since the 2012 rulemaking where EPA last approved
Maryland's NNSR provisions. This version of the rule covers the
Philadelphia-Wilmington-Atlantic City, Washington, DC, and Baltimore
Nonattainment Areas

and remains adequate to meet all applicable NNSR requirements for the
2008 8-hour ozone NAAQS in 40 CFR 51.165, the Phase 2 Rule and the SIP
Requirements Rule. A detailed description of the state submittal and
EPA's evaluation is included in a technical support document (TSD)
prepared in support of this rulemaking action. A copy of the TSD is
available, upon request, from the EPA Regional Office listed in the
ADDRESSES section of this document or is also available electronically
within the Docket for this rulemaking action.

III. Final Action

    EPA is approving Maryland's May 8, 2017 SIP revision addressing the
NNSR requirements for the 2008 ozone NAAQS for the Philadelphia-
Wilmington-Atlantic City, Washington, DC, and Baltimore Areas. EPA has
concluded that the State's submission fulfills the 40 CFR 51.1114
revision requirement, meets the requirements of CAA sections 110 and
172 and the minimum SIP requirements of 40 CFR 51.165, as well as its
obligations under EPA's February 3, 2017 Findings of Failure to Submit.
EPA is publishing this rule without prior proposal because EPA views
this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on November 28, 2017 without further notice
unless EPA receives adverse comment by October 30, 2017. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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, this rule 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 state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    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 November 28, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action approving Maryland's 2008 8-hour ozone
NAAQS Certification SIP revision for NNSR may not be challenged later
in proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: September 14, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is 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.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding
the entry ``2008 8-Hour Ozone NAAQS Nonattainment New Source Review

Requirements'' at the end of the table to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 8-Hour Ozone NAAQS            The Baltimore Area           5/8/17  9/29/17 [insert
 Nonattainment New Source Review    (includes Anne                       Federal Register
 Requirements.                      Arundel,                             citation].
                                    Baltimore,
                                    Carroll, Harford,
                                    and Howard
                                    Counties and the
                                    city of
                                    Baltimore), the
                                    Philadelphia-
                                    Wilmington-
                                    Atlantic City Area
                                    (includes Cecil
                                    County in
                                    Maryland), and the
                                    Washington, DC
                                    Area (includes
                                    Calvert, Charles,
                                    Frederick,
                                    Montgomery, and
                                    Prince Georges
                                    Counties in
                                    Maryland).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-20834 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68889-68891]
[FR Doc No: 2021-26391]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0691; Project Identifier MCAI-2020-01542-T;
Amendment 39-21812; AD 2021-23-14]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by reports of erratic electrical system status on the push
button annunciators (PBAs) and the engine instrument and crew alerting
system (EICAS). This AD requires revising the existing airplane flight
manual (AFM) to incorporate procedures to be applied during erroneous
electrical status indication conditions. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective January 10, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 10,
2022.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
[email protected]; internet https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0691.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0691; 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,

any comments received, and other information. The address for Docket
Operations is 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: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7367; fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-46, dated November 17,
2020 (TCCA AD CF-2020-46) (also referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain Bombardier, Inc., Model BD-100-1A10
airplanes. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0691.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on August 23, 2021 (86 FR 47036). The NPRM was prompted by
reports of erratic electrical system status on the PBAs and the EICAS.
The NPRM proposed to require revising the existing AFM to incorporate
procedures to be applied during erroneous electrical status indication
conditions. The FAA is issuing this AD to address erroneous indications
that could mislead pilots, causing them to turn off active electrical
power sources, leading to partial or complete loss of electrical power.
Loss of electrical power could result in the loss of flight displays
and reduced controllability of the airplane. See the MCAI for
additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following sections of the applicable
AFMs. This service information provides procedures to inform the pilots
not to turn off active generators in the event of an erroneous
electrical status indication.
     Section 03-19, Electrical, of Chapter 03, Emergency
Procedures, of the Bombardier Challenger 300 (Imperial Version)
Airplane Flight Manual, Publication No. CSP 100-1, Revision 63, dated
April 1, 2021. (For obtaining this section of the Bombardier Challenger
300 (Imperial Version) Airplane Flight Manual, Publication No. CSP 100-
1, use Document Identification No. CH 300 AFM-I.)
     Section 05-19, Electrical, of Chapter 05, Non-Normal
Procedures, of the Bombardier Challenger 300 (Imperial Version)
Airplane Flight Manual, Publication No. CSP 100-1, Revision 63, dated
April 1, 2021. (For obtaining this section of the Bombardier Challenger
300 (Imperial Version) Airplane Flight Manual, Publication No. CSP 100-
1, use Document Identification No. CH 300 AFM-I.)
     Section 03-19, Electrical, of Chapter 03, Emergency
Procedures, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 29, dated April 1, 2021.
     Section 05-19, Electrical, of Chapter 05, Non-Normal
Procedures, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 29, dated April 1, 2021.
    These documents are distinct since they apply to different airplane
configurations. 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.

Costs of Compliance

    The FAA estimates that this AD affects 275 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $23,375
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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,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-23-14 Bombardier, Inc.: Amendment 39-21812; Docket No. FAA-
2021-0691; Project Identifier MCAI-2020-01542-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003 and
subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Unsafe Condition

    This AD was prompted by reports of erratic electrical system
status on the push button annunciators (PBAs) and the engine
instrument and crew alerting system (EICAS), while on-ground and
during flight. The FAA is issuing this AD to address erroneous
indications that could mislead pilots, causing them to turn off
active electrical power sources, leading to partial or complete loss
of electrical power. Loss of electrical power could result in the
loss of flight displays and reduced controllability of the airplane.

(f) Compliance

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

(g) Revision of the Airplane Flight Manual (AFM)

    Within 60 days after the effective date of this AD: Revise the
Emergency Procedures and Non-Normal Procedures sections of the
existing AFM to include the information in Section 03-19,
Electrical, of Chapter 03, Emergency Procedures, and Section 05-19,
Electrical, of Chapter 05, Non-Normal Procedures, of the Bombardier
Challenger 300 (Imperial Version) Airplane Flight Manual,
Publication No. CSP 100-1, Revision 63, dated April 1, 2021 (for
airplanes having serial numbers 20003 through 20500 inclusive); or
Bombardier Challenger 350 Airplane Flight Manual, Publication No. CH
350 AFM, Revision 29, dated April 1, 2021 (for airplanes having
serial numbers 20501 through 20999 inclusive); as applicable.
    Note 1 to paragraph (g): For obtaining the sections for
Bombardier Challenger 300 (Imperial Version) Airplane Flight Manual,
Publication No. CSP 100-1, use Document Identification No. CH 300
AFM-I.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Section 03-19, Electrical, of Chapter 03,
Emergency Procedures, and Section 05-19, Electrical, of Chapter 05,
Non-Normal Procedures, of the Bombardier Challenger 300 (Imperial
Version) Airplane Flight Manual, Publication No. CSP 100-1, Revision
62, dated December 22, 2020; or Bombardier Challenger 350 Airplane
Flight Manual, Publication No. CH 350 AFM, Revision 28, dated
December 22, 2020; as applicable.
    Note 2 to paragraph (h): For obtaining the sections for
Bombardier Challenger 300 (Imperial Version) Airplane Flight Manual,
Publication No. CSP 100-1, use Document Identification No. CH 300
AFM-I.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2020-46, dated November 17, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0691.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
[email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Section 03-19, Electrical, of Chapter 03, Emergency
Procedures, of the Bombardier Challenger 300 (Imperial Version)
Airplane Flight Manual, Publication No. CSP 100-1, Revision 63,
dated April 1, 2021.
    (ii) Section 03-19, Electrical, of Chapter 03, Emergency
Procedures, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 29, dated April 1, 2021.
    (iii) Section 05-19, Electrical, of Chapter 05, Non-Normal
Procedures, of the Bombardier Challenger 300 (Imperial Version)
Airplane Flight Manual, Publication No. CSP 100-1, Revision 63,
dated April 1, 2021.
    (iv) Section 05-19, Electrical, of Chapter 05, Non-Normal
Procedures, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 29, dated April 1, 2021.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
[email protected]; internet https://www.bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26391 Filed 12-3-21; 8:45 am]
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