[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Notices]
[Page 55044-55046]
[DOCID:fr20se06-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54438; File No. SR-NYSEArca-2006-43]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change and Amendment Nos.
1 and 2 Thereto Relating to Fees for Tracking Orders Submitted and
Executed on NYSE Arca, Inc., Regulatory Filing and Registration Fees
for Equity Trading Permit Holders, and Drop Copy Processing Fees for
Certain Trades in Listed and Nasdaq Securities

September 13, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 30, 2006, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by NYSE Arca
Equities. On August 16, 2006, the Exchange amended the proposed rule
change.\3\ On September 8, 2006, the Exchange again amended the
proposed rule change.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Amendment No. 1.
    \4\ See Amendment No. 2.

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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Schedule of Fees
and Charges (``Equities Schedule'') to (i) clarify the description of
the Equity Trading Permit (``ETP'') Holder transaction credit
applicable to round lots in Nasdaq securities; (ii) remove rebates
applicable to Tracking Orders; (iii) move regulatory fees from NYSE
Arca's Schedule of Fees and Charges to the Equities Schedule; and (iv)
remove drop copy processing fees. The text of the proposed rule change
is available at the Commission's Public Reference Room, at the
Exchange, and on the Exchange's Web site at http://www.nysearca.com.

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

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

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

1. Purpose
    The Exchange proposes to amend the Schedule, effective July 1,
2006, to reflect (i) clarification of the description of the ETP Holder
transaction credit applicable to round lots in Nasdaq securities; (ii)
removal of the current eligible rebates for Tracking Orders; (iii)
addition of the regulatory fees applicable to Equity Trading Permit
(``ETP'') Holders and their registered representatives currently only
listed within NYSE Arca's Schedule of Fees and Charges; and (iv)
removal of the processing fee listed for drop copies for transactions
of off-board trades in listed and Nasdaq securities.

ETP Holder Transaction Credits and Tracking Order Rebates

    The Exchange proposes to amend the description of the ETP Holder
transaction credit applicable to round lots in Nasdaq securities so
that the description is consistent with the description of the credit
applicable to round lots in listed securities (except NYSE non-ETF
listed securities). Specifically, the Exchange wishes to amend the
Schedule to clarify that the credit for round lots in Nasdaq securities
applies to limit orders residing in the Book that execute against
inbound marketable orders. Such language was inadvertently omitted from
the Schedule.\5\
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    \5\ This is the only change made to the Schedule in Amendment
No. 1 as compared to the Exchange's original proposed rule change.
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    Currently, Tracking Orders (in addition to all limit orders that
provide liquidity for the NYSE Arca Equities Book as noted above), are
eligible for this ETP Holder transaction credit applicable to round
lots. Because the Exchange no longer wishes to provide an incentive to
attract Tracking Orders to the Exchange, the Exchange has amended the
Schedule so that the Exchange no longer provides this ETP Holder
transaction credit to Tracking Orders.
    In addition, the Exchange has amended the Schedule to state that
Tracking Orders will no longer be eligible for a type of market data
revenue sharing credit referred to as the liquidity provider credit.
Specifically, the Exchange has amended the Schedule to eliminate the
liquidity provider credit for Tracking Orders in over-the-counter
securities on Tape B (previously only exchange-listed securities were
ineligible to receive the liquidity provider credit).

Regulatory Fees for ETP Holders

    Regulatory fees that are applicable to both Options and Equity
Permit holders have been listed on NYSE Arca's Schedule of Fees and
Charges. To more clearly identify all regulatory fees that are assessed
to ETP Firms in one place, the Exchange is adding the list of
regulatory fees applicable to ETPs that was formerly listed in the NYSE
Arca Schedule of Fees and Charges to the NYSE Arca Equities' Schedule.
    In so doing, the Exchange changed the term ``Registered Options
Principal'' to ``Registered Principal'' to make clear that all
Registered Principals, not just Registered Options Principals, are
subject to the registration fees listed on the Schedule. Such change is
proposed in order to make the Schedule consistent with the general
registration requirements of NYSE Arca Equities Rules.

Drop Copy Processing Fee

    Currently, the Schedule identifies a ``Drop Copy Processing Fee''
of $0.001 per share, applicable to off-board trades in listed and
Nasdaq securities. The Exchange believes that such fees were introduced
years ago as a means to cover any additional costs associated in
providing drop copies. The Exchange's practice over the years, however,
has been to supply drop copies to those ETP Holders that request them
without assessing any fees. Therefore, in order to make the Schedule
consistent with Exchange practice, the Exchange is amending the
Schedule to eliminate this fee.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and Section 6(b)(4) of the
Act,\7\ in particular, in that it provides for the equitable allocation
of reasonable dues, fees and other charges among its ETP Holders,
issuers, and other persons using its facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The foregoing proposed rule change, as amended, has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and
subparagraph (f)(2) of Rule 19b-4 thereunder \9\ because it establishes
or changes a due, fee, or other charge applicable only to a member
imposed by the self-regulatory organization. Accordingly, the proposal
is effective upon receipt of the filing by the Commission. At any time
within 60 days of the filing of the proposed rule change, the
Commission may summarily abrogate the rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors,

or otherwise in furtherance of the purposes of the Act.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
    \10\ 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-
day period within which the Commission may summarily abrogate the
proposal, the Commission considers the period to commence on
September 8, 2006, the date on which the Exchange filed Amendment
No. 2.
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NYSEArca-2006-43 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-NYSEArca-2006-43. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-NYSEArca-2006-43 and should be submitted on or before
October 11, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-15587 Filed 9-19-06; 8:45 am]

BILLING CODE 8010-01-P


the owners or operators of printing, coating and dyeing of fabrics and
other textiles.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart OOOO.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 69
hours per response.
    Respondents/Affected Entities: Owners or operators of printing,
coating and dyeing of fabrics and other textiles.
    Estimated Number of Respondents: 140.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 20,821.
    Estimated Total Annual Cost: $1,687,784, which includes $1,680,832,
in labor costs, $2,953 in capital/startup costs and $3,640 in operating
and maintenance costs.
    (53) NSPS for Secondary Source Compression Ignition Internal
Combustion Engines (40 CFR Part 63, Subpart IIII), Docket ID Number:
EPA-HQ-OECA-2011-0264, EPA ICR Number 2096.04, OMB Control Number 2060-
0590, expiration August 31, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of stationary source compression ignition
internal combustion engines.
    Abstract: The affected entities are subject to the General
Provisions of the NSPS at 40 CFR part 60, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 60,
subpart IIII.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1
hour per response.
    Respondents/Affected Entities: Owners or operators of stationary
source compression ignition internal combustion engines.
    Estimated Number of Respondents: 206,290.
    Frequency of Response: Initially, and annually.
    Estimated Total Annual Hour Burden: 192,197.
    Estimated Total Annual Cost: $19,015,209, which includes
$18,773,209 in labor costs, no capital/startup costs and $242,000 in
operating and maintenance costs.
    (54) NESHAP for Municipal Solid Waste Landfills (40 CFR Part 63,
Subpart AAAA), Docket ID Number: EPA-HQ-OECA-2011-0265, EPA ICR Number
1938.05, OMB Control Number 2060-0505, expiration August 31, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of municipal solid waste (MSW) landfills.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart AAAA.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 5
hours per response.
    Respondents/Affected Entities: Owners or operators of municipal
solid waste landfills.
    Estimated Number of Respondents: 1,121.
    Frequency of Response: Occasionally, annually, and semiannually.
    Estimated Total Annual Hour Burden: 18,234.
    Estimated Total Annual Cost: $1,489,039, which includes $1,472,039
in labor costs, no capital/startup costs and $17,000 in operating and
maintenance costs.
    (55) NESHAP for Publicly Owned Treatment Works (40 CFR Part 63,
Subpart VVV), Docket ID Number: EPA-HQ-OECA-2011-0266, EPA ICR Number
1891.06, OMB Control Number 2060-0428, expiration August 31, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of publicly owned treatment works.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart VVV.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1
hour per response.
    Respondents/Affected Entities: Owners or operators of publicly
owned treatment works.
    Estimated Number of Respondents: 6.
    Frequency of Response: Initially, occasionally, annually, and
semiannually.
    Estimated Total Annual Hour Burden: 14.
    Estimated Total Annual Cost: $1,114, which includes $1,114 in labor
costs, no capital/startup costs and no operating and maintenance costs.
    (56) NESHAP for Asphalt Processing and Asphalt Roofing
Manufacturing (40 CFR Part 63, Subpart LLLLL), Docket ID Number: EPA-
HQ-OECA-2011-0267, EPA ICR Number 2029.05, OMB Control Number 2060-
0520, expiration August 31, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of asphalt processing and asphalt roofing
manufacturing facilities.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A,

and any changes, or additions to the General Provisions specified at 40
CFR part 63, subpart LLLLL.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 223
hours per response.
    Respondents/Affected Entities: Owners or operators of asphalt
processing and asphalt roofing manufacturing facilities.
    Estimated Number of Respondents: 24.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 12,017.
    Estimated Total Annual Cost: $1,041,641, which includes $1,016,234
in labor costs, no capital/startup costs and $25,407 in operating and
maintenance costs.
    (57) NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart
FF), Docket ID Number: EPA-HQ-OECA-2011-0268, EPA ICR Number 1541.10,
OMB Control Number 2060-0183, expiration August 31, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of benzene waste operations.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 61, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 61,
subpart FF.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 71
hours per response.
    Respondents/Affected Entities: Owners or operators of benzene waste
operations.
    Estimated Number of Respondents: 270
    Frequency of Response: Initially, occasionally, quarterly, and
semiannually.
    Estimated Total Annual Hour Burden: 19,148.
    Estimated Total Annual Cost: $1,738,751, which includes $1,738,751
in labor costs, no capital/startup costs and no operating and
maintenance costs.
    (58) NESHAP for Coke Oven: Pushing, Quenching, and Battery Stacks
(40 CFR Part 63, Subpart CCCCC), Docket ID Number: EPA-HQ-OECA-2011-
0269, EPA ICR Number 1995.05, OMB Control Number 2060-0521, expiration
August 31, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of coke oven: Pushing, quenching, and battery
stacks.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart CCCCC.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 229
hours per response.
    Respondents/Affected Entities: Owners or operators of coke oven:
pushing, quenching, and battery stacks.
    Estimated Number of Respondents: 19.
    Frequency of Response: Initially, occasionally, weekly, quarterly,
and semiannually.
    Estimated Total Annual Hour Burden: 25,879.
    Estimated Total Annual Cost: $2,361,375, which includes $2,191,875
in labor costs, no capital/startup costs and $169,500 in operating and
maintenance costs.
    (59) NSPS for Petroleum Dry Cleaners (40 CFR Part 63, Subpart JJJ),
Docket ID Number: EPA-HQ-OECA-2011-0270, EPA ICR Number 0997.10, OMB
Control Number 2060-0079, expiration August 31, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of petroleum dry cleaners.
    Abstract: The affected entities are subject to the General
Provisions of the NSPS at 40 CFR part 60, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 60,
subpart JJJ.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 22
hours per response.
    Respondents/Affected Entities: Owners or operators of petroleum dry
cleaners
    Estimated Number of Respondents: 18.
    Frequency of Response: Initially.
    Estimated Total Annual Hour Burden: 1,664.
    Estimated Total Annual Cost: $134,355, which includes $134,163 in
labor costs, $997 in capital/startup costs and $1,674 in operating and
maintenance costs.
    (60) NESHAP for Integrated Iron and Steel Manufacturing (40 CFR
Part 63, Subpart FFFFF), Docket ID Number: EPA-HQ-OECA-2011-0271, EPA
ICR Number 2003.05, OMB Control Number 2060-0517, expiration August 31,
2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of integrated iron and steel manufacturing
facilities.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart FFFFF.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.

    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 419
hours per response.
    Respondents/Affected Entities: Owners or operators of integrated
iron and steel manufacturing facilities.
    Estimated Number of Respondents: 18.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 18,421.
    Estimated Total Annual Cost: $1,627,196, which includes $1,560,196
in labor costs, no capital/startup costs and $67,000 in operating and
maintenance costs.
    (61) State and Federal Emission Guidelines for Hospital/Medical/
Infectious Waste Incinerators (40 CFR Part 60, Subpart Ce and 40 CFR
Part 62, Subpart HHH), Docket ID Number: EPA-HQ-OECA-2011-0272, EPA ICR
Number 1899.07, OMB Control Number 2060-0422, expiration September 30,
2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of hospital/medical/infectious waste
incinerators.
    Abstract: The State and Federal Emissions Guidelines for hospital
medical/infectious waste incinerators, 40 CFR part 60, subpart Ce, and
40 CFR part 62, subpart HHH.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 502
hours per response.
    Respondents/Affected Entities: Owners or operators of hospital/
medical/or infectious waste incinerators.
    Estimated Number of Respondents: 57.
    Frequency of Response: Initially, occasionally, annually, and
semiannually.
    Estimated Total Annual Hour Burden: 113,296.
    Estimated Total Annual Cost: $9,628,648, which includes $7,447,273
in labor costs, $1,410,168 in capital/startup costs and $771,207 in
operating and maintenance costs.
    (62) NESHAP for Shipbuilding and Ship Repair Facilities--Surface
Coating (40 CFR Part 63, Subpart II), Docket ID Number: EPA-HQ-OECA-
2011-0273, EPA ICR Number 1712.07, OMB Control Number 2060-0330,
expiration September 30, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of shipbuilding and ship repair facilities.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart II.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 255
hours per response.
    Respondents/Affected Entities: Owners or operators of shipbuilding
and ship repair facilities.
    Estimated Number of Respondents: 56.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 28,594.
    Estimated Total Annual Cost: $1,740,381, which includes $1,740,381
in labor costs, no capital/startup costs and no operating and
maintenance costs.
    (63) NESHAP for the Wood Building products Surface Coating Industry
(40 CFR Part 63, Subpart QQQQ), Docket ID Number: EPA-HQ-OECA-2011-
0274, EPA ICR Number 2034.05, OMB Control Number 2060-0510, expiration
September 30, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of wood building products surface coating
facilities.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart QQQQ.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 109
hours per response.
    Respondents/Affected Entities: Owners or operators of wood building
products surface coating facilities.
    Estimated Number of Respondents: 232.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 75,771.
    Estimated Total Annual Cost: $6,695,925, which includes $6,417,525
in labor costs, no capital/startup costs and $278,400 in operating and
maintenance costs.
    (64) NESHAP for Hydrochloric Acid Production (40 CFR Part 63,
Subpart NNNNN), Docket ID Number: EPA-HQ-OECA-2011-0275, EPA ICR Number
2032.07, OMB Control Number 2060-0529, expiration September 30, 2012.
    Affected Entities: Entities potentially affected by this action are
the owners or operators of hydrochloric acid production facilities.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart NNNNN.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 451
hours per response.
    Respondents/Affected Entities: Owners or operators of hydrochloric
acid production facilities.
    Estimated Number of Respondents: 75.
    Frequency of Response: Initially, occasionally, and semiannually.

    Estimated Total Annual Hour Burden: 94,104.
    Estimated Total Annual Cost: $8,647,612, which includes $7,959,759
in labor costs, $53,500 in capital/startup costs and $634,353 in
operating and maintenance costs.
    EPA will consider any comments received and may amend any of the
above ICRs, as appropriate. Then, the final ICR packages will be
submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At
that time, EPA will issue one or more Federal Register notices pursuant
to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICRs to OMB
and the opportunity to submit additional comments to OMB. If you have
any questions about any of the above ICRs or the approval process,
please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: April 21, 2011.
Lisa C. Lund,
Director, Office of Compliance.
[FR Doc. 2011-11017 Filed 5-6-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Rules and Regulations]
[Pages 87655-87665]
[FR Doc No: 2023-27681]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1645; Project Identifier MCAI-2022-01296-T;
Amendment 39-22613; AD 2023-23-11]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-12-
07, which applied to all Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and
-133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. AD 2019-12-07 required replacement of both main landing
gear (MLG) shock absorbers, an identification of affected MLG sliding
tubes; inspection of affected chromium plates and sliding tube axles
for damage; and replacement of the sliding tube if necessary. AD 2019-
12-07 also required repetitive inspections of affected MLG sliding
tubes for cracking, replacement of cracked MLG sliding tubes, and
eventual replacement of each affected MLG sliding tube. This AD
continues to require the actions specified in AD 2019-12-07 and
requires repetitive inspections of additional MLG sliding tubes,
replacement if necessary, and eventual replacement of the additional
MLG sliding tubes. This AD also extends the repetitive inspection
interval. This AD also prohibits the installation of affected parts
under certain conditions. This AD was prompted by the FAA's
determination that additional MLG sliding tubes are affected by the
unsafe condition and

that the repetitive inspection interval may be extended. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 23, 2024.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 23,
2024.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of August
1, 2019 (84 FR 30579, June 27, 2019).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
February 22, 2017 (82 FR 5362, January 18, 2017).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
29, 2007 (72 FR 29241, May 25, 2007).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
23, 2004 (69 FR 31867, June 8, 2004).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1645; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
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.
    Material Incorporated by Reference:
     For Airbus service information identified in this final
rule, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
website airbus.com.
     For Safran and Messier-Dowty service information
identified in this final rule, contact Safran Landing Systems, One
Carbon Way, Walton, KY 41094; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
website www.safran-landing-systems.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 at
regulations.gov under Docket No. FAA-2023-1645.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-12-07, Amendment 39-19662 (84 FR
30579, June 27, 2019) (AD 2019-12-07). AD 2019-12-07 applied to all
Airbus SAS Model A318-111, -112, -121, and -122 airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model
A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and Model
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD
2019-12-07 required replacement of both MLG shock absorbers, an
identification of the part number and serial number of the MLG sliding
tubes, inspection of affected chromium plates and sliding tube axles
for damage, and replacement of the sliding tube if necessary. AD 2019-
12-07 also required repetitive inspections of affected MLG sliding
tubes for cracking, replacement of cracked MLG sliding tubes, and
eventual replacement of each affected MLG sliding tube. The FAA issued
AD 2019-12-07 to address cracking in an MLG sliding tube, which could
lead to failure of an MLG sliding tube resulting in MLG collapse,
damage to the airplane, and injury to passengers.
    The NPRM published in the Federal Register on August 1, 2023 (88 FR
50067). The NPRM was prompted by AD 2022-0204R1, dated February 15,
2023; corrected February 17, 2023, issued by The European Union
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union (EASA AD 2022-0204R1) (also
referred to as the MCAI). The MCAI states that since EASA AD 2018-0135,
dated June 26, 2018, was issued (which corresponds to FAA AD 2019-12-
07), two additional cases have been reported of cracking at the same
location of MLG sliding tubes not affected by the inspection
requirements and that service information was issued to include
additional actions for the newly affected MLG sliding tubes. In
addition, further investigation determined the repetitive inspection
interval may be extended from 5,000 flight cycles to 10,000 flight
cycles.
    In the NPRM, the FAA proposed to continue to require the actions
specified in AD 2019-12-07 and proposed to require repetitive
inspections of additional MLG sliding tubes, replacement if necessary,
and eventual replacement of the additional MLG sliding tubes. In the
NPRM, the FAA also proposed to extend the repetitive inspection
interval and to prohibit the installation of affected parts under
certain conditions. The FAA is issuing this AD to address the unsafe
condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1645.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from four commenters, including American
Airlines, SIAEC, United Airlines (United), and Delta Air Lines (Delta).
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Allow Parts Inspected Using Component Maintenance Manuals
(CMMs)

    American Airlines, SIAEC, United, and Delta requested that the
proposed AD be revised to identify MLG sliding tubes that were
inspected using certain CMMs identified in EASA AD 2022-0204R1 as
acceptable parts. American Airlines requested that paragraph (w)(1) of
the proposed AD be revised to include CMM references that include
inspections as acceptable actions for the on-wing inspections. Delta
requested that both paragraph (n)(2) and (w)(1) of the proposed AD be
revised to include parts that have passed inspection using the CMMs.
American Airlines and SIAEC stated that paragraph (w)(1) of the
proposed AD does not include as serviceable parts MLG sliding tubes
that have been inspected and repaired using the CMMs specified in EASA
AD 2022-0204R1.
    United requested the FAA definition of serviceable parts be revised
to include those that were overhauled per the CMMs identified in EASA
AD 2022-0204R1 and the Safran service information identified in EASA AD
2022-0204R1.
    The FAA agrees to revise paragraphs (n)(2) and (w)(1) of this AD,
which include definitions of affected parts with exceptions. This
change addresses United's request to revise the definition of
serviceable parts specified in paragraph (w)(2) of this AD. The FAA has
revised the exception language in

paragraphs (n)(2) and (w)(1) of this AD to include parts that have
passed an inspection specified in Safran CMM task 32-11-33 (K0654),
Revision 71, dated September 2020, or later; CMM task 32-12-25 (K0654),
Revision 61, dated March 2020, or later; CMM task 32-12-12 (K0654),
Revision 57, dated September 2020, or later; or CMM task 32-12-22
(K0654), Revision 56, dated March 2020, or later; as applicable.
    Regarding the comment that the repair of MLG sliding tubes using
the CMMs specified in EASA AD 2022-0204R1 was not included in paragraph
(w)(1) of the proposed AD, with the change to paragraph (w)(1) of this
AD described previously, those repairs are included. As specified in
paragraph (w)(1) of this AD repairs must have been done using
instructions approved by the Manager, International Section, Transport
Standards Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If approved
by the DOA, the approval must include the DOA-authorized signature.

Request for Revise Format

    United requested that the FAA revise the format of the proposed AD.
United stated that the proposed AD restates the requirements of
previously issued FAA ADs under paragraph (g) through (v) of the
proposed AD and adds new requirements from paragraph (w) through (cc)
of the proposed AD. United stated it found the restatements to be
unnecessary and that the proposed AD could be simplified and made
easier to read. United recommended requiring operators to comply with
the requirements of Airbus Service Bulletin A320-32-1441, Revision 2,
dated August 23, 2022, with the noted exceptions of the compliance
time.
    The FAA acknowledges that this is a complex AD; however, the FAA
disagrees with the request. In most supersedures where there are
retained requirements, the FAA structures the AD by including the
retained ``old'' requirements in ``Restatement'' paragraphs and the
``new'' requirements in the ``New'' paragraphs of the AD. This allows
operators that already accomplished the ``old'' requirements of an
existing AD to show compliance with the corresponding retained
requirements in the new AD without having to show compliance with two
ADs. The FAA has not revised this AD in this regard.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Service Bulletin A320-32-1441, Revision 02,
dated August 23, 2022. This service information specifies procedures
for inspections of the MLG sliding tubes for cracking and corrective
actions (which includes replacing the MLG sliding tubes).
    The FAA also reviewed Safran Service Bulletin 200-32-321, Revision
4, dated November 3, 2021; and Safran Service Bulletin 201-32-68,
Revision 4, dated November 3, 2021. These documents specify the part
numbers and serial numbers of the affected MLG sliding tubes. These
documents are distinct since they apply to different airplane models.
    This AD also requires the following service information, which the
Director of the Federal Register approved for incorporation by
reference as of August 1, 2019 (84 FR 30579, June 27, 2019).
     Airbus Service Bulletin A320-32-1441, Revision 01, dated
December 14, 2017.
     Messier-Dowty Service Bulletin 200-32-286, Revision 3,
dated October 3, 2008.
     Messier-Dowty Service Bulletin 201-32-43, Revision 3,
dated October 3, 2008.
     Safran Service Bulletin 200-32-321, Revision 2, dated
October 3, 2017.
     Safran Service Bulletin 201-32-68, Revision 2, dated
October 3, 2017.
    This AD also requires Airbus Service Bulletin A320-32-1416,
including Appendix 01, dated March 10, 2014, which the Director of the
Federal Register approved for incorporation by reference as of February
22, 2017 (82 FR 5362, January 18, 2017).
    This AD also requires Airbus Service Bulletin A320-32A1273,
Revision 02, including Appendix 01, dated May 26, 2005, which the
Director of the Federal Register approved for incorporation by
reference as of June 29, 2007 (72 FR 29241, May 25, 2007).
    This AD also requires Airbus All Operators Telex A320-32A1273,
Revision 01, dated May 6, 2004, which the Director of the Federal
Register approved for incorporation by reference as of June 23, 2004
(69 FR 31867, June 8, 2004).
    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 1,525 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Retained actions from paragraph   8 work-hours x $85  Up to $45,310.....  Up to $45,990.....  Up to
 (g) of AD 2019-12-07 (297         per hour = $680.                                            $13,659,030.*
 airplanes *).
Retained actions from paragraphs  18 work-hours x     $0................  $1,530............  $2,333,250.
 (h) and (j) of AD 2019-12-07.     $85 per hour =
                                   $1,530.
Retained actions from paragraphs  13 work-hours x     Up to $3,920......  Up to $5,025......  Up to $7,663,125.
 (o), (p), and (q) of AD 2019-12-  $85 per hour =
 07.                               $1,105.

New actions (in paragraphs (o),   9 work-hours x $85  Up to $3,920......  Up to $4,685......  Up to $7,144,625.
 (p), and (q) of this AD).         per hour = $765.
----------------------------------------------------------------------------------------------------------------
* Operators should note that, although all U.S.-registered airplanes are subject to the retained requirements of
  paragraph (g) of this AD, there are only 297 possible affected MLG sliding tubes in the worldwide fleet. The
  FAA has no way of knowing how many affected MLG sliding tubes, if any, are installed in U.S.-registered
  airplanes.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
7 work-hours x $85 per hour = $595....          $1,960           $2,555
------------------------------------------------------------------------

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

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-12-07, Amendment 39-19662
(84 FR 30579, June 27, 2019); and
0
b. Adding the following new AD:

2023-23-11 Airbus SAS: Amendment 39-22613; Docket No. FAA-2023-1645;
Project Identifier MCAI-2022-01296-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 23, 2024.

(b) Affected ADs

    This AD replaces AD 2019-12-07, Amendment 39-19662 (84 FR 30579,
June 27, 2019) (AD 2019-12-07).

(c) Applicability

    This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, all
manufacturer serial numbers (MSNs).
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that cracks were found
in the main landing gear (MLG) sliding tubes due to certain
manufacturing defects that might not be identified using the current
on-wing scheduled inspections. In addition, since AD 2019-12-07 was
issued, the FAA has determined that additional MLG sliding tubes are
affected by the unsafe condition. The FAA is issuing this AD to
address cracking in an MLG sliding tube, which could lead to failure
of an MLG sliding tube resulting in MLG collapse, damage to the
airplane, and injury to passengers.

(f) Compliance

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

(g) Retained Replacement, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2019-12-07, with no changes. Within 41 months after June 29, 2007
(the effective date of AD 2007-11-11, Amendment 39-15068 (72 FR
29241, May 25, 2007) (AD 2007-11-11)), replace all MLG shock
absorbers equipped with MLG sliding tubes having serial numbers
listed in Airbus All Operators Telex (AOT) A320-32A1273, Revision
01, dated May 6, 2004; or the Accomplishment Instructions of Airbus
Service Bulletin A320-32A1273, Revision 02, including Appendix 01,
dated May 26, 2005; with new or serviceable MLG shock absorbers
equipped with MLG sliding tubes having serial numbers not listed in
Airbus AOT A320-32A1273, Revision 01, dated May 6, 2004; or the
Accomplishment Instructions of Airbus Service Bulletin A320-32A1273,
Revision 02, including Appendix 01, dated May-26, 2005; using a
method approved by the Manager, International Section, Transport

Standards Branch, FAA; or the European Aviation Safety Agency
(EASA); or Airbus SAS's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature. As of June 29, 2007, only Airbus Service Bulletin A320-
32A1273, Revision 02, including Appendix 01, dated May 26, 2005, may
be used to determine the affected MLG sliding tubes.

    Note 1 to paragraph (g): Guidance on the replacement specified
in paragraph (g) of this AD can be found in Airbus A318/A319/A320/
A321 Aircraft Maintenance Manual Chapter 32-11-13, page block 401.

(h) Retained MLG Sliding Tube Part Number and Serial Number
Identification, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2019-12-07, with no changes. Within three months after February 22,
2017 (the effective date of AD 2017-01-11, Amendment 39-18778 (82 FR
5362, January 18, 2017) (AD 2017-01-11)): Do an inspection to
identify the part number and serial number of the MLG sliding tubes
installed on the airplane. A review of airplane maintenance records
is acceptable in lieu of this inspection if the part number and
serial number of the MLG sliding tubes can be conclusively
determined from that review.

(i) Retained Identification of Airplanes, With an Updated Reference

    This paragraph restates the requirements of paragraph (i) of AD
2019-12-07, with an updated reference. An airplane with an MSN not
listed in figure 1 to paragraph (i) of this AD is not affected by
the requirements of paragraph (j) of this AD, provided it can be
determined that no MLG sliding tube having a part number and serial
number listed in figure 2 to paragraph (i) of this AD has been
installed on that airplane since first flight of the airplane.
[GRAPHIC] [TIFF OMITTED] TR19DE23.000

[GRAPHIC] [TIFF OMITTED] TR19DE23.001

[GRAPHIC] [TIFF OMITTED] TR19DE23.002

(j) Retained Inspections, With an Updated Reference

    This paragraph restates the inspections required by paragraph
(j) of AD 2019-12-07, with an updated reference. For each MLG
sliding tube identified as required by paragraph (h) of this AD,
having a part number and serial number listed in figure 2 to
paragraph (i) of this AD: Within 3 months after February 22, 2017
(the effective date of AD 2017-01-11) inspect affected MLG axles and
brake flanges by doing a detailed visual inspection of the chromium
plates for damage, and a Barkhausen noise inspection of the MLG
sliding tube axles for damage, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-32-1416, including
Appendix 01, dated March 10, 2014. For Model A318 series airplanes,
use the procedures specified for Model A319 series airplanes in
Airbus Service Bulletin A320-32-1416, including Appendix 01, dated
March 10, 2014.

(k) Retained Corrective Action for Paragraph (j) of This AD, With No
Changes

    This paragraph restates the requirements of paragraph (k) of
2019-12-07, with no changes. If, during any inspection required by
paragraph (j) of this AD, any damage is detected: Before further
flight, replace the MLG sliding tube with a serviceable MLG sliding
tube, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A320-32-1416, including Appendix 01, dated March
10, 2014. For Model A318 series airplanes, use the procedures
specified for Model A319 series airplanes in Airbus Service Bulletin
A320-32-1416, including Appendix 01, dated March 10, 2014.

(l) Retained Definition for Serviceable MLG Sliding Tube, With Updated
References

    This paragraph restates the definition for serviceable MLG
sliding tube specified in paragraph (l) of AD 2019-12-07, with
updated references. For the purpose of paragraph (k) of this AD, a
serviceable MLG sliding tube is defined as an MLG sliding tube that
meets the criterion in either paragraph (l)(1) or (2) of this AD.
    (1) An MLG sliding tube having a part number and serial number
not listed in figure 2 to paragraph (i) of this AD.
    (2) An MLG sliding tube having a part number and serial number
listed in figure 2 to paragraph (i) of this AD that has passed the
inspections required by paragraph (j) of this AD.

(m) Retained Parts Installation Prohibition, With Updated References

    This paragraph restates the parts installation prohibition
specified in paragraph (m) of AD 2019-12-07, with updated
references.
    (1) For airplanes that have an MLG sliding tube installed that
has a part number and serial number listed in figure 2 to paragraph
(i) of this AD: After an airplane is returned to service following
accomplishment of the actions required by paragraphs (h), (i), and
(j) of this AD, no person may install on any airplane an MLG sliding
tube having a part number and serial number listed in figure 2 to
paragraph (i) of this AD, unless that MLG sliding tube has passed
the inspection required by paragraph (j) of this AD.
    (2) For airplanes that, as of February 22, 2017 (the effective
date of AD 2017-01-11), do not have an MLG sliding tube installed
that has a part number and serial number listed in figure 2 to
paragraph (i) of this AD: No person may install, on any airplane, an
MLG sliding tube having a part number and serial number listed in
figure 2 to paragraph (i) of this AD unless that MLG sliding tube
has passed the inspection required by paragraph (j) of this AD.

(n) Retained Definitions, With New Exception in Paragraph (n)(2) of
This AD

    This paragraph restates the definitions specified in paragraph
(n) of AD 2019-12-07, with new exception in paragraph (n)(2) of this
AD. For the purpose of paragraphs (o), (p), (q), (r), and (s) of
this AD, the following definitions apply.
    (1) Affected MLG shock absorber: An MLG shock absorber having a
part number and serial number as identified in Messier-Dowty Service
Bulletin 200-32-286, Revision 3, dated October 3, 2008, for Model
A318, A319, and A320 series airplanes; and Messier-Dowty Service
Bulletin 201-32-43, Revision 3, dated October 3, 2008, for Model
A321 series airplanes.
    (2) Affected MLG sliding tube: An MLG sliding tube having a part
number and serial number as identified in Appendix B of Safran
Service Bulletin 200-32-321, Revision 2, dated October 3, 2017, for
Model A318, A319, and A320 series airplanes, or Safran Service
Bulletin 201-32-68, Revision 2, dated October 3, 2017, for Model
A321 series airplanes; except parts identified in paragraphs
(n)(2)(i) and (ii) of this AD and those parts that, after the
inspection specified (n)(2)(i) or (ii) of this AD, have been
repaired, using instructions approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

    Note 2 to the introductory text of paragraph (n)(2) of this AD:
The affected MLG sliding tubes identified in paragraph (n)(2) of
this AD are referred to as affected ``Batch 1'' MLG sliding tubes in
EASA AD 2022-0204R1, dated February 15, 2023; corrected February 17,
2023.

    (i) Parts that passed an inspection as specified in Safran
Service Bulletin 200-32-321 or Safran Service Bulletin 201-32-68, as
applicable.
    (ii) Parts that have passed an inspection as specified in Safran
component maintenance manual (CMM) task 32-11-33 (K0654), Revision
71, dated September 2020, or later; CMM task 32-12-25 (K0654),
Revision 61, dated March 2020, or later; CMM task 32-12-12 (K0654),
Revision 57, dated September 2020, or later; or CMM task 32-12-22
(K0654), Revision 56, dated March 2020, or later; as applicable.
    (3) Serviceable MLG sliding tube: An MLG sliding tube that is
not affected, or an affected MLG sliding tube, that has not exceeded
10,000 flight cycles since first installation on an airplane, or an
affected MLG sliding tube that, within the last 5,000 flight cycles
before installation on an airplane, passed an inspection specified
in Airbus Service Bulletin A320-32-1441.

(o) Retained Repetitive Inspections, With New Service Information and
Extended Inspection Interval

    This paragraph restates the repetitive inspections required by
paragraph (o) of AD 2019-12-07, with new service information and
extended inspection interval. At the compliance time specified in
figure 3 to paragraph (o) of this AD, and thereafter at intervals
not to exceed 10,000 flight cycles: Do a detailed inspection of each
affected MLG sliding tube, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-32-1441, Revision 01,
dated December 14, 2017; or Airbus Service Bulletin A320-32-1441,
Revision 02, dated August 23, 2022. As of the effective date of this
AD, only use Airbus Service Bulletin A320-32-1441, Revision 02,
dated August 23, 2022, for the actions required by this paragraph.
[GRAPHIC] [TIFF OMITTED] TR19DE23.020

    Note 3 to paragraph (o): If no reliable data regarding the
number of flight cycles accumulated by the MLG sliding tube are
available, operators may refer to the guidance specified in Chapter
5.2, ``Traceability,'' of Section 1, of Part 1 of the Airbus A318/
A319/A320/A321 Airworthiness Limitations Section.

(p) Retained Corrective Actions for Certain Inspections Required by
Paragraph (o) of This AD, With New Service Information

    This paragraph restates the corrective actions required by
paragraph (p) of AD

2019-12-07 for certain inspections required by paragraph (o) of this
AD, with new service information. For airplanes on which any
inspection required by paragraph (o) of this AD has been done before
the effective date of this AD, comply with paragraph (p)(1) or (2)
of this AD, as applicable. For airplanes on which any inspection
required by paragraph (o) of this AD has been done on or after the
effective date of this AD, comply with paragraph (y)(1) or (3) of
this AD, as applicable.
    (1) If any crack is detected on an MLG sliding tube, before
further flight, replace that MLG sliding tube with a serviceable MLG
sliding tube, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-32-1441, Revision 01, dated December
14, 2017; or Airbus Service Bulletin A320-32-1441, Revision 02,
dated August 23, 2022.
    (2) Replacement of an MLG on an airplane with an MLG having a
serviceable MLG sliding tube installed is an acceptable method to
comply with the requirements of paragraph (p)(1) of this AD for that
airplane.

(q) Retained Part Replacement, With New Reference to New Parts
Installation Limitation

    This paragraph restates the parts replacement required by
paragraph (q) of AD 2019-12-07, with new reference to new parts
installation limitation.
    (1) Within 10 years after August 1, 2019 (the effective date of
AD 2019-12-07), replace each affected MLG sliding tube with an MLG
sliding tube that is not affected. Installation of an MLG sliding
tube that is not affected on an airplane constitutes terminating
action for the repetitive inspections required by paragraph (o) of
this AD for that airplane. As of the effective date of this AD,
operators also must comply with the parts installation limitation
specified in paragraph (aa) of this AD.
    (2) Replacement of an MLG on an airplane with an MLG that does
not have an affected MLG sliding tube installed is an acceptable
method to comply with the requirements of paragraph (q)(1) of this
AD for that airplane. As of the effective date of this AD, operators
also must comply with the parts installation limitation specified in
paragraph (aa) of this AD.

(r) Retained Parts Installation Limitation, With a New Exception to
Paragraph (r)(1) of This AD

    This paragraph restates the parts installation limitation
specified in paragraph (r) of AD 2019-12-07, with a new exception to
paragraph (r)(1) of this AD.
    (1) As of August 1, 2019 (the effective date of AD 2019-12-07)
and before the effective date of this AD, no person may install on
any airplane an affected MLG shock absorber assembly containing a
discrepant MLG sliding tube part number. As of the effective date of
this AD, comply with the parts installation limitation specified in
paragraph (aa)(1) of this AD.
    (2) Do not install an affected MLG sliding tube on any airplane
as specified in paragraph (r)(2)(i) or (ii) of this AD, as
applicable.
    (i) For an airplane with an affected MLG sliding tube installed
as of August 1, 2019 (the effective date of AD 2019-12-07): After
replacement of each affected MLG sliding tube as required by
paragraph (q) of this AD.
    (ii) For an airplane that does not have an affected MLG sliding
tube installed as of August 1, 2019 (the effective date of AD 2019-
12-07): As of August 1, 2019.

(s) Retained Identification of Airplanes Not Affected by Certain
Requirements of This AD, With No Changes

    This paragraph restates the airplanes not affected provision
specified in paragraph (s) of AD 2019-12-07, with no changes. An
airplane on which Airbus Modification 161202 or Modification 161346
has been installed in production is not affected by the requirements
of paragraphs (g), (h), (j), (o), and (q) of this AD, provided it
has been verified that no affected MLG sliding tube is installed on
that airplane.

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

    This paragraph restates the credit for previous actions
specified in paragraph (t) of AD 2019-12-07, with no changes.
    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before
June 29, 2007 (the effective date of AD 2007-11-11), using Airbus
AOT A320-32A1273, Revision 01, dated May 6, 2004. This document was
incorporated by reference in AD 2004-11-13, Amendment 39-13659 (69
FR 31867, June 8, 2004).
    (2) This paragraph provides credit for the initial inspection
and applicable corrective actions required by paragraphs (o) and (p)
of this AD if those actions were performed before August 1, 2019
(the effective date of AD 2019-12-07), using the Accomplishment
Instructions in Airbus Service Bulletin A320-32-1441, dated December
28, 2016.

(u) Retained Service Information Exception, With No Changes

    This paragraph restates the service information exception
specified in paragraph (u) of AD 2019-12-07, with no changes. The
service information specified in paragraph (g) of this AD has
instructions to send any cracked part to Messier-Dowty. This AD does
not include such a requirement.

(v) Retained No Reporting Requirement, With New Service Information

    This paragraph restates the no reporting requirement provision
specified in paragraph (v) of AD 2019-12-07, with new service
information. Although Airbus Service Bulletin A320-32-1441, Revision
01, dated December 14, 2017; and Airbus Service Bulletin A320-32-
1441, Revision 02, dated August 23, 2022; specify to submit certain
information to the manufacturer, and specify that action as ``RC''
(required for compliance), this AD does not include that
requirement.

(w) New Definitions for New Requirements of This AD

    For the purpose of paragraphs (x), (y), (z), (aa), and (bb) of
this AD, the following definitions apply.
    (1) Affected MLG sliding tube: An MLG sliding tube having a part
number identified in Safran Service Bulletin 200-32-321, Revision 4,
dated November 3, 2021, for Model A318, A319, and A320 series
airplanes, or Safran Service Bulletin 201-32-68, Revision 4, dated
November 3, 2021, for Model A321 series airplanes; except those
having a serial number identified in Appendix B of Safran Service
Bulletin 200-32-321, Revision 2, dated October 3, 2017, for Model
A318, A319, and A320 series airplanes, or Safran Service Bulletin
201-32-68, Revision 2, dated October 3, 2017, for Model A321 series
airplanes; and except parts identified in paragraphs (w)(1)(i) and
(ii) of this AD and those parts that, after the inspection specified
(w)(1)(i) or (ii) of this AD, have been repaired, using instructions
approved by the Manager, International Section, Transport Standards
Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If approved by the
DOA, the approval must include the DOA-authorized signature.

    Note 4 to the introductory text of paragraph (w)(1) of this AD:
The affected MLG sliding tubes identified in paragraph (w)(1) of
this AD are referred to as affected ``Batch 2'' MLG sliding tubes in
EASA AD 2022-0204R1, dated February 15, 2023; corrected February 17,
2023.

    (i) Parts that passed an inspection as specified in Safran
Service Bulletin 200-32-321 or Safran Service Bulletin 201-32-68, as
applicable
    (ii) Parts that have passed an inspection as specified in Safran
CMM task 32-11-33 (K0654), Revision 71, dated September 2020, or
later; CMM task 32-12-25 (K0654), Revision 61, dated March 2020, or
later; CMM task 32-12-12 (K0654), Revision 57, dated September 2020,
or later; or CMM task 32-12-22 (K0654), Revision 56, dated March
2020, or later; as applicable.
    (2) Serviceable MLG sliding tube: Any MLG sliding tube other
than those identified in paragraphs (w)(2)(i) thru (iii) of this AD.
    (i) Any MLG sliding tube having a part number and serial number
listed in figure 2 to paragraph (i) of this AD.
    (ii) Any affected MLG sliding tube identified in paragraph
(n)(2) of this AD.
    (iii) Any affected MLG sliding tube identified in paragraph
(w)(1) of this AD.

(x) New Inspections for Additional Affected MLG Sliding Tubes

    At the compliance time specified in figure 4 to paragraph (x) of
this AD, and thereafter at intervals not to exceed 10,000 flight
cycles: Do a detailed inspection of each affected MLG sliding tube,
as defined in paragraph (w)(1) of this AD, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-32-1441,
Revision 02, dated August 23, 2022.

[GRAPHIC] [TIFF OMITTED] TR19DE23.021

    Note 5 to paragraph (x):  If no reliable data regarding the
number of flight cycles accumulated by the MLG sliding tube are
available, operators may refer to the guidance specified in Chapter
5.2, ``Traceability,'' of Section 1, of Part 1 of the Airbus A318/
A319/A320/A321 Airworthiness Limitations Section.

(y) New Corrective Actions

    (1) For airplanes on which any inspection required by paragraph
(o) of this AD has been done on or after the effective date of this
AD: If any crack is detected on an MLG sliding tube, before further
flight, replace that MLG sliding tube with a serviceable MLG sliding
tube, as defined in paragraph (w)(2) of this AD, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-32-
1441, Revision 02, dated August 23, 2022.
    (2) If, during any inspection required by paragraph (x) of this
AD, any crack is detected on an MLG sliding tube: Before further
flight, replace that MLG sliding tube with a serviceable MLG sliding
tube, as defined in paragraph (w)(2) of this AD, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-32-
1441, Revision 02, dated August 23, 2022.
    (3) Replacement of an MLG on an airplane with an MLG having a
serviceable MLG sliding tube, as defined in paragraph (w)(2) of this
AD, installed is an acceptable method to comply with the
requirements of paragraph (y)(1) or (2) of this AD for that
airplane.

(z) New Replacement for Additional Affected Parts

    (1) Within 10 years after the effective date of this AD, replace
each affected MLG sliding tube, as defined in paragraph (w)(1) of
this AD, with a serviceable MLG sliding tube, as defined in
paragraph (w)(2) of this AD. Replacement on an airplane of all
affected MLG sliding tubes with serviceable MLG sliding tubes
constitutes terminating action for the repetitive inspections
required by paragraph (x) of this AD for that airplane.
    (2) Replacement of an MLG on an airplane with an MLG that has a
serviceable MLG sliding tube, as defined in paragraph (w)(2) of this
AD, installed is an acceptable method to comply with the requirement
of paragraph (z)(1) of this AD for that airplane.

(aa) New Parts Installation Limitation

    (1) As of the effective date of this AD, no person may install
on any airplane an MLG shock absorber assembly that contains any MLG
sliding tube identified in paragraphs (aa)(i) through (iii) of this
AD.
    (i) Any MLG sliding tube having a part number and serial number
listed in figure 2 to paragraph (i) of this AD.
    (ii) Any affected MLG sliding tube identified in paragraph
(n)(2) of this AD.
    (iii) Any affected MLG sliding tube identified in paragraph
(w)(1) of this AD.
    (2) Do not install an affected MLG sliding tube identified in
paragraph (w)(1) of this AD on any airplane as specified in
paragraph (aa)(2)(i) or (ii) of this AD, as applicable.
    (i) For an airplane with an affected MLG sliding tube installed
as of the effective date of this AD: After replacement of each
affected MLG sliding tube as required by paragraph (z) of this AD.
    (ii) For an airplane that does not have an affected MLG sliding
tube installed as of the effective date of this AD: As of the
effective date of this AD.

(bb) New Identification of Airplanes Not Affected by Certain
Requirements of This AD

    An airplane on which Airbus Modification 161202 or Modification
161346 has been installed in production is not affected by the
requirements for affected MLG sliding tubes in paragraph (x) of this
AD and the requirement of paragraph (z) of this AD, provided it has
been verified that no affected MLG sliding tube, as defined in
paragraph (w)(2) of this AD, is installed on that airplane.

(cc) No Reporting Requirement for New Actions

    Although Airbus Service Bulletin A320-32-1441, Revision 01,
dated December 14, 2017; and Airbus Service Bulletin A320-32-1441,
Revision 02, dated August 23, 2022; specify to submit certain
information to the manufacturer, and specify that action as ``RC''
(required for compliance), this AD does not include that
requirement.

(dd) Additional AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (ee)(2) of this AD or email to: [email protected]. If mailing information, also submit information by
email.
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved for AD 2019-12-07 are approved as AMOCs for
the corresponding provisions of this AD.
    (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, International
Validation Branch, FAA; or the European Union Aviation Safety Agency
(EASA); or Airbus SAS's EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraphs (u), (v), and (dd)(2) of this AD, if any service
information contains procedures or tests that are identified as RC,
those procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(ee) Additional Information

    (1) Refer to EASA AD 2022-0204R1, dated February 15, 2023;
corrected February 17, 2023; for related information. This EASA AD
may be found in the AD docket at regulations.gov under Docket No.
FAA-2023-1645.
    (2) For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<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 (ff)(8) and (10) of this AD.

(ff) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
January 23, 2024.
    (i) Airbus Service Bulletin A320-32-1441, Revision 02, dated
August 23, 2022.
    (ii) Safran Service Bulletin 200-32-321, Revision 4, dated
November 3, 2021.
    (iii) Safran Service Bulletin 201-32-68, Revision 4, dated
November 3, 2021.
    (4) The following service information was approved for IBR on
August 1, 2019 (84 FR 30579, June 27, 2019).
    (i) Airbus Service Bulletin A320-32-1441, Revision 01, dated
December 14, 2017.
    (ii) Messier-Dowty Service Bulletin 200-32-286, Revision 3,
dated October 3, 2008.
    (iii) Messier-Dowty Service Bulletin 201-32-43, Revision 3,
dated October 3, 2008.
    (iv) Safran Service Bulletin 200-32-321, Revision 2, dated
October 3, 2017.
    (v) Safran Service Bulletin 201-32-68, Revision 2, dated October
3, 2017.
    (5) The following service information was approved for IBR on
February 22, 2017 (82 FR 5362, January 18, 2017).
    (i) Airbus Service Bulletin A320-32-1416, including Appendix 01,
dated March 10, 2014.
    (ii) [Reserved]
    (6) The following service information was approved for IBR on
June 29, 2007 (72 FR 29241, May 25, 2007).
    (i) Airbus Service Bulletin A320-32A1273, Revision 02, including
Appendix 01, dated May 26, 2005.
    (ii) [Reserved]
    (7) The following service information was approved for IBR on
June 23, 2004 (69 FR 31867, June 8, 2004).
    (i) Airbus All Operators Telex A320-32A1273, Revision 01, dated
May 6, 2004.
    (ii) [Reserved]
    (8) For Airbus service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
website airbus.com.
    (9) For Safran and Messier-Dowty service information identified
in this AD, contact Safran Landing Systems, One Carbon Way, Walton,
KY 41094; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; internet
www.safran-landing-systems.com.
    (10) 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>.
    (11) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 16, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-27681 Filed 12-18-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Rules and Regulations]
[Pages 14611-14613]
[FR Doc No: 2014-05100]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0439; FRL-9907-55-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Stage II Vapor Recovery Program and Control of Air Pollution
From Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Texas State Implementation Plan (SIP) that control
emissions of volatile organic compounds (VOCs) at gasoline dispensing
facilities (GDFs) in Texas. The revisions were submitted to the EPA by
the Texas Commission on Environmental Quality (TCEQ) on October 31,
2013 and address the maintenance and removal of Stage II vapor recovery
equipment at GDFs. The EPA is also approving related revisions to the
Stage II SIP narrative that pertain to the maintenance and removal of
Stage II vapor recovery equipment and demonstrate that the absence of
Stage II equipment in the Beaumont-Port Arthur (BPA), Dallas-Fort Worth
(DFW) and Houston-Galveston Brazoria (HGB) areas, and in El Paso County
would not interfere with attainment of the national ambient air quality
standards, reasonable further progress or any other requirement of the
Clean Air Act (CAA or Act). The EPA is approving these revisions
pursuant to sections 110 and 202 of the Act and consistent with the
EPA's guidance.

DATES: This final rule is effective on April 16, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2013-0439. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Air Planning Section (6PD-L), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. To inspect the hard
copy materials, please schedule an appointment with the person listed
in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill
Deese at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section
(6PD-L); telephone<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's final rule is discussed in our December
30, 2013 proposal to approve revisions to the Texas SIP (78 FR 79340).
In that action, we proposed to approve the Texas SIP revisions
submitted by the TCEQ on October 31, 2013, which specify that new GDFs
would not be required to install Stage II equipment and provide removal
(decommissioning) procedures that existing GDFs in the 16 counties \1\
must complete by August 31, 2018. The revisions to the Stage II SIP
describe the removal of Stage II equipment at GDFs and require
maintenance of the Stage II equipment until decommissioning occurs. The
revisions to the SIP narrative also include a demonstration that the
removal of, or failure to install, Stage II equipment in the 16
counties is consistent with section 110(l) of the Act which precludes
approval of revisions to the SIP that contribute to nonattainment or
interfere with maintenance of any National Ambient Air Quality
Standard.
---------------------------------------------------------------------------

    \1\ The four areas in Texas where Stage II is required comprise
16 counties: BPA, containing Hardin, Jefferson and Orange counties;
DFW, involving Collin, Dallas, Denton and Tarrant counties; El Paso
County; and HGB, containing Brazoria, Chambers, Fort Bend,
Galveston, Harris, Liberty, Montgomery, and Waller counties.
---------------------------------------------------------------------------

    Our December 30, 2013 proposal provides a detailed description of
the revisions and the rationale for EPA's proposed actions, together
with a

discussion of the opportunity to comment. The public comment period for
these actions closed on January 29, 2014. See the Technical Support
Document in the docket for this rulemaking and our proposal at 78 FR
79340 for more information. We did not receive any comments regarding
our proposal. Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving revisions to the Texas SIP that control
emissions of VOCs and pertain to the maintenance and removal of Stage
II vapor recovery equipment submitted on October 31, 2013. We are
approving revisions to the following sections within 30 TAC 115:
115.240, 115.241, 115.242, 115.243, 115.244, 115.245, 115.246, 115.247,
and 115.249. The EPA is also approving related revisions to the Stage
II SIP narrative that address the maintenance and removal of Stage II
equipment, and demonstrate that the removal of, or failure to install
Stage II equipment in the BPA, DFW, and HGB areas, and in El Paso
County, meets section 110(l) of the Act. The EPA is approving these
revisions in accordance with sections 110 and 202 of the Act and
consistent with the EPA's guidance.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, 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.
    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).
    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 May 16, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposed of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: February 25, 2014.
Ron Curry,
Regional Administrator, Region 6.
    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 SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (c) the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entries for Sections 115.240--
115.247 and Section 115.249.
0
b. In paragraph (e) the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding a new entry to the end of the table for
``Stage II Vapor Recovery Program SIP.''
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
                                                        approval/
         State citation              Title/ subject     submittal    EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 115.240.................  Stage II Vapor       10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Recovery                          FR page number
                                   Definitions and                   where document
                                   List of California                begins].
                                   Air Resources
                                   Board Certified
                                   Stage II Equipment.
Section 115.241.................  Emission             10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Specifications.                   FR page number
                                                                     where document
                                                                     begins].
Section 115.242.................  Control              10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.243.................  Alternate Control    10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.244.................  Inspection           10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.245.................  Testing              10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.246.................  Recordkeeping        10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.247.................  Exemptions.........  10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                                                     FR page number
                                                                     where document
                                                                     begins].

                                                  * * * * * * *
Section 115.249.................  Counties and         10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Compliance                        FR page number
                                   Schedules.                        where document
                                                                     begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
                                       Applicable       submittal/
      Name of SIP provision        geographic or non-   effective    EPA approval date           Comments
                                    attainment area        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *

Stage II Vapor Recovery Program   Statewide..........  10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
 SIP.                                                                FR page number
                                                                     where document
                                                                     begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-05100 Filed 3-14-14; 8:45 am]
BILLING CODE 6560-50-P