[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26750-26753]
[FR Doc No: 2016-09801]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6140; Directorate Identifier 2015-NM-059-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 777 airplanes. This proposed AD was
prompted by fuel system reviews conducted by the manufacturer. This
proposed AD would require modifying the fuel quantity indicating system
(FQIS) to prevent development of an ignition source inside the center
fuel tank due to electrical fault conditions. This proposed AD would
also provide alternative actions for cargo airplanes. We are proposing
this AD to prevent ignition sources inside the center fuel tank, which,
in combination with flammable fuel vapors, could result in a

fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by June 20, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6140; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jon Regimbal, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6506; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6140;
Directorate Identifier 2015-NM-059-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88''),
Amendment 21-78. Subsequently, SFAR 88 was amended by: Amendment 21-82
(67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November
26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected
at 68 FR 37735, June 25, 2003, to change ``21-82'' to ``21-83'').
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, combination of
failures, and unacceptable (failure) experience. For all three failure
criteria, the evaluations included consideration of previous actions
taken that may mitigate the need for further action.
    We have determined that the actions identified in this proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Model 777 FQIS Design

    The design of the in-tank FQIS components and wiring has the
potential for latent faults that could cause arcs, sparks, or resistive
heating in the event of a hot short of an FQIS tank circuit to power
wiring. The wiring of the FQIS is in some areas cobundled or closely
adjacent to power wiring. An ignition source combined with flammable
conditions in a center fuel tank could result in ignition of flammable
vapor in the fuel tank, causing a structural failure of the wing and
inflight breakup of the airplane.
    Under the policy contained in FAA Policy Memo PS-ANM100-2003-112-15
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/DC94C3A46396950386256D5E006AED11?OpenDocument&Highlight=sfar), the FAA
determined that this ignition source risk combined with the fleet
average flammability for the center wing tank on Model 777 airplanes
created an unsafe condition for the center fuel tank. Applying that
same policy, the FAA determined that, due to a lower fleet average
flammability, that same unsafe condition does not exist in the main
(wing) tanks of Model 777 airplanes, in the center auxiliary fuel tank
of Model 777-200 series airplanes with a center auxiliary fuel tank
capacity of less than 12,500 U.S. gallons (i.e, airplanes on which the
wing center structural box is a dry bay and is not part of the center
fuel tank), or in the body auxiliary tank of Model 777-200LR series
airplanes.

Related Rulemaking

    On March 21, 2016, we issued AD 2016-07-07, Amendment 39-18452 (81
FR 19472, April 5, 2016), for certain Boeing Model 757-200, -200PF, -
200CB, and -300 series airplanes. AD 2016-07-07 requires similar
actions to those proposed in this NPRM. AD 2016-07-07 addressed the
numerous public comments that were submitted on the proposal.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require modifying the FQIS to prevent
development of an ignition source inside the center fuel tank due to
electrical fault conditions. As an alternative for cargo airplanes,
this proposed AD would provide the alternative to modify the airplane
by separating FQIS wiring routed between the FQIS processor and the
center fuel tank, provided repetitive BITE checks (checks of built-in
test equipment) of the FQIS are also performed.

Costs of Compliance

    We estimate that this proposed AD affects 187 airplanes of U.S.
registry. This estimate includes 29 cargo airplanes. Currently, there
are no experimental, private, business/corporate/executive, or
government aircraft registered in the United States that would be
affected by the proposed airworthiness directive. The 158 affected U.S.
air-carrier passenger airplanes are already required by applicable FAA
operating regulations to be modified to include flammability reduction
measures (FRM), so the proposed AD would not apply to those airplanes.
However, to address the potential for those airplanes to be converted
to cargo airplanes before the compliance deadline for the operating
rule FRM requirement, we provide the following cost estimates to comply
with this proposed AD:

                                        Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                                Labor cost                  Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modification............................  600 work-hours x $85 per hour =             $150,000         $201,000
                                           $51,000.
----------------------------------------------------------------------------------------------------------------

                                      Estimated Costs--Alternative Actions
----------------------------------------------------------------------------------------------------------------
                Action                            Labor cost               Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
BITE check...........................  1 work-hours x $85 per hour =                 $0  $85 per check.
                                        $85 per check.
Wire separation......................  230 work-hours x $85 per hour =          $10,000  $29,550.
                                        $19,550.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2016-6140; Directorate Identifier
2015-NM-059-AD.

(a) Comments Due Date

    We must receive comments by June 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, 777-200LR,
777-300, 777-300ER, and 777F series airplanes, certificated in any
category, excluding airplanes identified in paragraphs (c)(1) and
(c)(2) of this AD.
    (1) Airplanes on which the center tank consists only of the
inboard structural box of the left and right wings (i.e., the wing
center structural box is a dry bay and is not part of the fuel
tank).
    (2) Airplanes equipped with a flammability reduction means (FRM)
approved by the FAA as compliant with the Fuel Tank Flammability
Reduction (FTFR) rule (73 FR 42444, July 21, 2008) requirements of
section 25.981(b) or section 26.33(c)(1) of the Federal Aviation
Regulations (14 CFR 25.981(b) or 14 CFR 26.33(c)(1)).

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent ignition sources
inside the center fuel tank, which, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent
loss of the airplane.

(f) Compliance

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

(g) Modification

    Within 60 months after the effective date of this AD, modify the
fuel quantity

indicating system (FQIS) to prevent development of an ignition
source inside the center fuel tank due to electrical fault
conditions, using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.

(h) Alternative Actions for Cargo Airplanes

    For airplanes used exclusively for cargo operations: As an
alternative to the requirements of paragraph (g) of this AD, do the
actions specified in paragraphs (h)(1) and (h)(2) of this AD, using
methods approved in accordance with the procedures specified in
paragraph (i) of this AD. To exercise this alternative, operators
must perform the first inspection required under paragraph (h)(1) of
this AD within 6 months after the effective date of this AD. To
exercise this alternative for airplanes returned to service after
conversion of the airplane from a passenger configuration to an all-
cargo configuration more than 6 months after the effective date of
this AD, operators must perform the first inspection required under
paragraph (h)(1) of this AD prior to further flight after the
conversion.
    (1) Within 6 months after the effective date of this AD, record
the existing fault codes stored in the FQIS processor and then do a
BITE check (check of built-in test equipment) of the FQIS. If any
nondispatchable fault code is recorded prior to the BITE check or as
a result of the BITE check, before further flight, do all applicable
repairs and repeat the BITE check until a successful test is
performed with no nondispatchable faults found, using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD. Repeat these actions thereafter at intervals not to
exceed 650 flight hours. Modification as specified in paragraph
(h)(2) of this AD does not terminate the repetitive BITE check
requirement of this paragraph.
    (2) Within 60 months after the effective date of this AD, modify
the airplane by separating FQIS wiring that runs between the FQIS
processor and the center tank wing spar penetrations, including any
circuits that might pass through a main fuel tank, from other
airplane wiring that is not intrinsically safe, using methods
approved in accordance with the procedures specified in paragraph
(i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Jon Regimbal,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
    Issued in Renton, Washington, on April 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-09801 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51823-51825]
[FR Doc No: 2018-21972]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0546; Product Identifier 2017-NM-171-AD; Amendment
39-19461; AD 2018-21-03]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD
was prompted by reports of multiple in-flight departures of the aft
belly fairing access panels. This AD requires modification of the aft
belly fairing access panels. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective November 19, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 19,
2018.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514 855-
7401; email [email protected]; internet http://www.bombardier.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0546.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0546; 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 regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.,
Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the
Federal Register on June 20, 2018 (83 FR 28553). The NPRM was prompted
by reports of multiple in-flight departures of the aft belly fairing
access panels. The NPRM proposed to require modification of the aft
belly fairing access panels.
    We are issuing this AD to address in-flight departures of the aft
belly fairing access panels, which could result in runway hazards or
hazards to people on the ground.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2017-31, dated
September 22, 2017 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-
1A11 airplanes. The MCAI states:

    There have been multiple in-service occurrences where operators
reported in-flight departure of the aft belly fairing access panels,
185CL and/or 186CR. There has been no damage reported to the
affected aircraft to date, however departure of the panels in any
phase of flight could create runway hazards or a hazard to persons
and property on the ground.
    Bombardier Inc. has issued Service Bulletins (SBs) to
incorporate new self-locking nutplates with associated hardware
(retaining rings and studs) to improve fastener engagement. A
bracket has also been added to provide two additional panel
attachment points.
    This [Canadian] AD requires the incorporation of these design
changes to prevent departure of the two aft belly fairing access
panels in flight and the associated risk on the ground.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0546.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comment received on the
NPRM and the FAA's response to that comment.

Request To Include Additional Document in Credit for Previous Actions
Paragraph

    Bombardier requested that paragraph (h) of the proposed AD,
``Credit for Previous Actions,'' be revised to include Bombardier
Service Request for Product Support Action 124026 (``SRPSA 124026'').
The requester noted that Canadian AD CF-2017-31, dated September 22,
2017, included a statement that incorporation of the actions described
in Bombardier SRPSA 124026 on an airplane satisfies the intent of the
Canadian AD. The commenter also noted that Bombardier SRPSA 124026 was
utilized on a U.S.-registered airplane having number N211PB and serial
number 9378.
    We agree with the commenter's request for the reasons provided by
the commenter. We have added paragraph (h)(2) to this AD to provide
credit for airplanes on which Bombardier SRPSA 124026 has been
incorporated.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule with the change described previously, and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:
     Service Bulletin 700-1A11-53-025, Revision 01, dated
December 16, 2016;
     Service Bulletin 700-53-050, Revision 01, dated December
16, 2016;
     Service Bulletin 700-53-5009, Revision 01, dated December
16, 2016; and
     Service Bulletin 700-53-6008, Revision 01, dated December
16, 2016.
    This service information describes actions to modify the aft belly
fairing access panels by replacing the attachments. These documents are
distinct since they apply to different airplane models in different
configurations. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 110 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340..............................          $2,640          $2,980        $327,800
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-21-03 Bombardier, Inc.: Amendment 39-19461; Docket No. FAA-
2018-0546; Product Identifier 2017-NM-171-AD.

(a) Effective Date

    This AD is effective November 19, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers
9002 through 9770 inclusive, 9772 through 9781 inclusive, and 9998.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of multiple in-flight departures
of the aft belly fairing access panels. We are issuing this AD to
address in-flight departures of the aft belly fairing access panels,
which could result in runway hazards or hazards to people on the
ground.

(f) Compliance

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

(g) Access Panel Modification

    Within 15 months after the effective date of this AD, modify the
aft belly fairing access panels by replacing the attachments, in
accordance with the Accomplishment Instructions of the applicable
service information identified in paragraphs (g)(1) and (g)(2) of
this AD.
    (1) For Model BD-700-1A10 airplanes: Bombardier Service Bulletin
700-53-050, or 700-53-6008, both Revision 01, both dated December
16, 2016.
    (2) For Model BD-700-1A11 airplanes: Bombardier Service Bulletin
700-1A11-53-025, or 700-53-5009, both Revision 01, both dated
December 16, 2016.

(h) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD,

if those actions were performed before the effective date of this AD
using the applicable service information identified in paragraphs
(h)(1)(i) through (h)(1)(iv) of this AD.
    (i) Bombardier Service Bulletin 700-1A11-53-025, dated July 14,
2016.
    (ii) Bombardier Service Bulletin 700-53-050, dated July 14,
2016.
    (iii) Bombardier Service Bulletin 700-53-5009, dated July 14,
2016.
    (iv) Bombardier Service Bulletin 700-53-6008, dated July 14,
2016.
    (2) Incorporation of Bombardier Service Request for Product
Support Action 124026 on an airplane prior to the effective date of
this AD meets the intent of paragraph (g) of this AD for that
airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2017-31, dated September 22, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0546.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-53-050, Revision 01, dated
December 16, 2016.
    (ii) Bombardier Service Bulletin 700-53-5009, Revision 01, dated
December 16, 2016.
    (iii) Bombardier Service Bulletin 700-1A11-53-025, Revision 01,
dated December 16, 2016.
    (iv) Bombardier Service Bulletin 700-53-6008, Revision 01, dated
December 16, 2016.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email [email protected]; internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 2, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-21972 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Notices]
[Page 48337-48338]
[DOCID:fr22se09-144]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-41]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before October 13, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0835 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jan Thor, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA
98057-3356, or Ralen Gao, ARM-209,<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on September 15, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2009-0835.
    Petitioner: SJT Aerospace Corporation on behalf of Bizjet
International Sales & Support, Inc.
    Section of 14 CFR Affected: 14 CFR 25.813(e) and 25.785(d).
    Description of Relief Sought: Bizjet seeks exemption from the
requirements of Sec.  25.813(e) in order to install lockable interior
doors between passenger exits, and from Sec.  25.785(d) as no firm
handholds are located along the aisle of their Airbus A318-112 airplane
with an executive interior configuration.

[FR Doc. E9-22736 Filed 9-21-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68768-68772]
[FR Doc No: 2015-27902]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0428; FRL-9932-61-Region 8]

Air Plan Approval; WY; Update to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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

SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Wyoming
State Implementation Plan (SIP). The Regulations affected by this
update have been previously submitted by the Wyoming Department of
Environmental Quality and approved by the EPA. In this action, the EPA
is also notifying the public of corrections to typographical errors and
minor formatting changes to the IBR tables. This update affects the SIP
materials that are available for public inspection at the EPA Regional
Office.

DATES: This action is effective November 6, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2015-0428. All documents in
the docket are listed on the http://www.regulations.gov Web site.
Although listed in the index, some information may not be publicly
available, i.e., Confidential Business Information or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in the hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at EPA Region 8, Office of
Partnership and Regulatory Assistance, Air Program, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that you contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. An electronic copy of the State's SIP
compilation is also available at http://www.epa.gov/region8/air/sip.html.

FOR FURTHER INFORMATION CONTACT: Kathy Ayala, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, the EPA, from
time to time, must take action on SIP revisions containing new and/or
revised regulations as being part of the SIP. On May 22, 1997 (62 FR
27968), the EPA revised the procedures for incorporating by reference
Federally-approved SIPs, as a result of consultation between the EPA
and the Office of the Federal Register (OFR). The description of the
revised SIP document, IBR procedures and ``Identification of Plan''
format are discussed in further detail in the May 22, 1997, Federal
Register document. On November 2, 2006 (71 FR 64460) the EPA published
the revised format of the IBR material for Wyoming as of August 31,
2006. Today's action is an update to the November 2, 2006 document.

II. EPA Action

    In this action, the EPA is announcing the update to the IBR
material as of September 1, 2015. The EPA is also correcting
typographical errors, including omission and other minor errors in
subsection 52.2620, paragraphs (c), (d), and (e).

III. Good Cause Exemption

    EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon a finding of ``good cause'' authorizes
agencies to dispense with public participation, and section 553(d)(3),
which allows an agency to make a rule effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's action simply updates the codification of provisions
which are already in effect as a matter of law.
    Under section 553 of the APA, an agency may find good cause where
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' Public comment is ``unnecessary'' and ``contrary to the
public interest'' since the codification only reflects existing law.
Likewise, there is no purpose served by delaying the effective date of
this action.
    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Wyoming
regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these

documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the SUPPLEMENTARY INFORMATION section, it is
not subject to the regulatory flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of
the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In
addition, this action does not significantly or uniquely affect small
governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of UMRA. This rule also does not have
a substantial direct effect on one or more Indian tribes, on the
relationship between the federal government and Indian tribes, or on
the distribution of power and responsibilities between the federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects 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, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This rule does not involve
technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. The rule also does not involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). This rule does
not impose an information collection burden under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's compliance with
these statutes and Executive Orders for the underlying rules are
discussed in previous actions taken on the state's rules.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
action simply codifies provisions which are already in effect as a
matter of law in federal and approved state programs. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding and
established an effective date of November 6, 2015. EPA will submit a
report containing this rule 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. This change to the identification of plan for Wyoming is not
a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. Prior EPA rulemaking actions for each
individual component of the Wyoming SIP compilation had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
sees no need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Wyoming.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 21, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

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 ZZ--Wyoming

0
2. In Sec.  52.2620 paragraphs (b), (c), (d) and (e) are revised to
read as follows:

Sec.  52.2620  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to
September 1, 2015, was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after September 1, 2015, will be incorporated
by reference in the next update to the SIP compilation.
    (2) EPA Region 8 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the SIP as of
September 1, 2015.
    (3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 8 Office, Office of Partnerships and
Regulatory Assistance (OPRA), Air Program, 1595 Wynkoop Street, Denver,
Colorado 80202-1129 and at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA-approved regulations.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      State       EPA Effective
        Rule No.               Rule title        effective date       date                   Final rule citation/date                    Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Chapter 01. Common Provisions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Authority.............      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
Section 03.............  Definitions...........       2/14/2013      12/23/2013  78 FR 69998, 11/22/13..........................
Section 04.............  Diluting and                10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          concealing emissions.
Section 05.............  Unavoidable equipment        1/30/2006       6/15/2010  75 FR 19886, 4/16/10...........................
                          malfunction.
Section 06.............  Credible Evidence.....       12/8/2000       6/15/2010  75 FR 19886, 4/16/10...........................
Section 07.............  Greenhouse gasses.....       2/14/2013      12/23/2013  78 FR 69998, 11/22/13..........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Chapter 02. Ambient Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Ambient standards for         9/7/2010      10/27/2014  79 FR 50840, 8/26/14...........................
                          particulate matter.
Section 03.............  Ambient standards for       12/19/2012      11/14/2014  79 FR 54910, 9/15/14...........................
                          nitrogen oxides.
Section 04.............  Ambient standards for       10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          sulfur oxides.
Section 05.............  Ambient standards for       10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          carbon monoxide.
Section 06.............  Ambient standards for       12/19/2012      11/14/2014  79 FR 54910, 9/15/14...........................
                          ozone.
Section 08.............  Ambient standards for       10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          suspended sulfates.
Section 10.............  Ambient standards for         9/7/2010      10/27/2014  79 FR 50840, 8/26/14...........................
                          lead.
Section 12.............  Incorporation by            12/19/2012      11/14/2014  79 FR 54910, 9/15/14...........................
                          reference.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chapter 03. General Emission Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Emission standards for      11/22/2013      11/20/2014  79 FR 62859, 10/21/14..........................
                          particulate matter.
Section 03.............  Emission standards for      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          nitrogen oxides.
Section 04.............  Emission standards for      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          sulfur oxides.
Section 05.............  Emission standards for      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          carbon monoxide.
Section 06.............  Emission standards for      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          volatile organic
                          compounds.
Section 09.............  Incorporation by            11/22/2013       3/23/2015  80 FR 9194, 2/20/15............................
                          reference.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Chapter 04. State Performance Standards for Specific Existing Sources.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Existing sulfuric acid      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          production units.
Section 03.............  Existing nitric acid        10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          manufacturing plants.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Chapter 06. Permitting Requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Permit requirements         10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          for construction,
                          modification, and
                          operation.
Section 04.............  Prevention of                3/28/2012        1/6/2014  78 FR 73445, 12/06/13..........................
                          significant
                          deterioration.
Section 14.............  Incorporation by             3/28/2012        1/6/2014  78 FR 73445, 12/06/13..........................
                          reference.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Chapter 07. Monitoring Regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Continuous monitoring       10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          requirements for
                          existing sources.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Chapter 08. Non-attainment Area Regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Sweetwater County           10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          particulate matter
                          regulations.
Section 03.............  Conformity of general       12/19/2012       9/16/2013  78 FR 49685, 8/15/13...........................
                          federal actions to
                          state implementation
                          plans.

Section 05.............  Incorporation by            12/19/2012       9/16/2013  78 FR 49685, 8/15/13...........................
                          reference.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Chapter 09. Visibility Impairment/PM Fine Control.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Visibility............      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chapter 10. Smoke Management.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Open burning                10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          restrictions.
Section 03.............  Wood waste burners....      10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
Section 04.............  Smoke management              4/5/2005       1/11/2013  77 FR 73926, 12/12/12..........................
                          requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Chapter 12. Emergency Controls.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Air pollution               10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          emergency episodes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Chapter 13. Mobile Sources.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 02.............  Motor vehicle               10/29/1999       8/27/2004  69 FR 44965, 7/28/04...........................
                          pollution control.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Chapter 14. Emission Trading Program Regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 2..............  Western backstop              5/7/2008       1/11/2013  77 FR 73926, 12/12/12..........................
                          sulfur dioxide
                          trading program.
Section 3..............  Sulfur dioxide                5/7/2008       1/11/2013  77 FR 73926, 12/12/12..........................
                          milestone inventory.
App A..................  Web Chapter 14,               5/7/2008       1/11/2013  77 FR 73926, 12/12/12..........................
                          Section 2 Monitoring
                          Protocols.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) EPA-approved source specific requirements.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      State       EPA Effective
       Regulation              Rule title        effective date       date                   Final rule citation/date                    Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Black Hills Power and    Order containing             4/25/1979        8/1/1979  44 FR 38473, 7/2/79............................
 Light.                   schedule for
                          compliance, interim
                          requirements, and
                          monitoring and
                          reporting
                          requirements.
FMC Corporation........  Order containing             4/25/1979        8/1/1979  44 FR 38473, 7/2/79............................
                          schedule for
                          compliance, interim
                          requirements, and
                          monitoring and
                          reporting
                          requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory provisions.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      State       EPA Effective
        Rule No.               Rule title        effective date       date                   Final rule citation/date                    Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
(01) I.................  Introduction..........       1/22/1972       6/30/1972  37 FR 10842, 5/31/72...........................
(02) II................  Legal Authority.......       2/19/1976       9/30/1976  41 FR 36652, 8/31/76...........................
(03) III...............  Control Strategy......       8/30/1984      11/11/1984  49 FR 39843, 10/11/84..........................
(04) IV................  Compliance Schedule...       5/29/1973        8/2/1973  39 FR 24504, 7/03/73...........................
(05) V.................  Emergency Episode Plan       8/26/1981       4/12/1981  47 FR 5892, 2/09/81............................
(06) VI................  Air Quality                 12/13/1988        9/9/1988  55 FR 28197, 7/10/88...........................
                          Surveillance.
(07) VII...............  Review of New Sources        1/22/1972       6/30/1972  37 FR 10842, 5/31/72...........................
                          and Modifications.
(08) VIII..............  Source Surveillance...       1/22/1972       6/30/1972  37 FR 10842, 5/31/72...........................
(09) IX................  Resources.............       1/22/1972       6/30/1972  37 FR 10842, 5/31/72...........................
(10) X.................  Intergovernmental            1/22/1972       6/30/1972  37 FR 10842, 5/31/72...........................
                          Cooperation.

(11) XI................  Reports and Revisions.       1/22/1972       6/30/1972  37 FR 10842, 5/31/72...........................
(12) XII...............  Visibility Protection         9/6/1988       3/17/1989  54 FR 6912, 2/15/89............................
                          Class I.
(13) XIII..............  Sweetwater PM10              1/25/1979        8/1/1979  44 FR 38473, 7/02/79...........................
                          Attainment Plan.
(14) XIV...............  Stack Height Good            12/9/1988       4/16/1989  54 FR 11186, 3/17/89...........................
                          Engineering Practice.
(15) XV................  Small Business              11/30/1993       8/19/1994  59 FR 31548, 6/20/94...........................
                          Assistance Program.
(16) XVI...............  City of Sheridan--PM10      10/30/1990       7/25/1994  59 FR 32360, 6/23/94...........................
                          Air Quality Control
                          and Maintenance Plan.
(17) XVII..............  PSD Implementation for      11/20/1990       6/23/1991  56 FR 23811, 5/24/91...........................
                          NOx.
(18) XVIII.............  Interstate Transport,        4/15/2008        7/7/2008  73 FR 26019, 5/08/08...........................
                          Wyoming Interstate
                          Transport SIP
                          satisfying the
                          requirement of
                          Section
                          110(a)(2)(D)(i) of
                          the CAA for the 1997
                          8-hour ozone and
                          PM2.5 standards.
(19) XIX...............  Powder River Basin          12/22/1993      10/11/1995  60 FR 47290, 9/12/95...........................
                          PM10 Memorandum of
                          Agreement.
(20) XX................  Addressing Regional           1/7/2011       1/11/2013  77 FR 73926, 12/12/12..........................
                          Haze Visibility
                          Protection For The
                          Mandatory Federal
                          Class I Areas
                          Required Under 40 CFR
                          51.309.
(21) XXI...............  Infrastructure SIP for       3/26/2008       12/6/2013  78 FR 73445, 12/06/13..........................
                          Section 110(a)(2)--
                          1997 PM2.5 NAAQS.
(22) XXII..............  Infrastructure SIP for       8/19/2011        9/9/2015  80 FR 47857, 8/10/2015.........................
                          Section 110(a)(2)--
                          2006 PM2.5 NAAQS.
(23) XXIII.............  Infrastructure SIP for      12/10/2009       8/24/2011  76 FR 44265, 7/25/11...........................
                          Section 110(a)(2)--
                          1997 Ozone NAAQ.
(24) XXIV..............  Air Quality Control          1/22/1972       6/30/1972  37 FR 10842, 5/31/72...........................
                          Regions and Emissions
                          Inventory.
(25) XXV...............  Wyoming State                1/12/2011        3/3/2014  79 FR 5032, 1/30/14............................  Excluding portions of
                          Implementation Plan                                                                                the following:
                          for Regional Haze for                                                                                Chapters 6.4, 6.5.7,
                          309(g).                                                                                6.5.8, and 7.5. EPA
                                                                                disapproved (1) the
                                                                                NOX BART
                                                                                determinations for
                                                                                (a) Laramie River
                                                                                Units 1-3, (b) Dave
                                                                                Johnston Unit 3, and
                                                                                (c) Wyodak Unit 1;
                                                                                (2) the State's
                                                                                monitoring,
                                                                                recordkeeping, and
                                                                                reporting
                                                                                requirements for BART
                                                                                units; and (3) the
                                                                                State's reasonable
                                                                                progress goals.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-27902 Filed 11-5-15; 8:45 am]
BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on October 10, 2003

NOTICE OF ACTION TAKEN – DOCKET OST-2002-13383

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  PROPAIR INC.
                                                 Date Filed:  July 25,
2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct passenger and cargo charter operations between:  1)
Canada and the United States; 2) third countries and the United States,
via Canada, that make a stopover in Canada for at least two consecutive
nights; and 3) other charters to/from the United States in accordance
with 14 CFR Part 212.

If renewal, date of last action:  October 23, 2002, in this Docket.

Applicant representative:  Ron Tuggey,<PHONE_NUMBER>        DOT analyst:
Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None

	DISPOSITION

Action:  Approved.
                Action date:  October 10, 2003

Effective dates of authority granted:  October 10, 2003, through October
23, 2004.

Basis for approval:  United States-Canada Air Transport Agreement
(Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:  In the conduct of the operations the
carrier must adhere to all applicable provisions of the U.S.-Canada
Agreement, and may only use aircraft designed to have a maximum
passenger capacity of not more than 60 seats and a maximum payload
capacity of not more than 18,000 pounds.  Moreover, under this authority
the carrier may conduct charter operations between:  1) Canada and the
United States; and 2) third countries and the United States, via Canada,
that make a stopover in Canada for at least two consecutive nights.
Other charters to be conducted under this authority, however, are
subject to prior approval under 14 CFR Part 212.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp