National Ambient Air Quality Standards
National Ambient Air Quality Standards (NAAQS) are ambient air quality standards set by the EPA to protect human health and the environment.  The two types of NAAQS are Primary Standards, which provide protection of public health, and Secondary Standards, which provide protection for public welfare (such as protection against decreased visibility, damage to plants and animals, and damage to property).  NAAQS have been established for six "criteria" pollutants: Carbon Monoxide (CO), Lead (Pb), Nitrogen Dioxide (NO2), Ozone (O3), Particulate Matter (PM2.5 and PM10), and Sulfur Dioxide (SO2).
In order to comply with the NAAQS, monitoring agencies must use EPA approved monitoring equipment and certified data to compute standard-related test statistics.  These statistics are calculated following the methods presented in the appendices of 40 CFR Part 50.  For concentration-based standards (as opposed to exceedance-based), the test statistic is also the design value, and can be directly compared to the applicable NAAQS.  If a design value is equal to or less than the NAAQS, or the test statistic meets the requirements set forth in 40 CFR Part 50, the area is in "attainment".  If the design value is greater than the NAAQS, or the test statistic fails to meet the requirements, the area is in "non-attainment".  When more than one monitor is located in the same area, the highest design value (or test statistic) will be used to determine the attainment status of that area.

South Dakota Ambient Air Quality for Criteria Pollutants
South Dakota operates an ambient air monitoring network designed, among other purposes, to determine compliance with the NAAQS.  Each year the state authors an annual monitoring network plan which provides great detail on the monitoring network and air quality data from the previous year.  These reports, along with additional helpful information, can be found on the state website: http://denr.sd.gov/des/aq/monitoring/state-mo.aspx.  South Dakota's ambient air quality for criteria pollutants (2010 through 2015), and how it compares to the primary standards, is discussed below.
The current primary carbon monoxide (CO) 1-hour and 8-hour NAAQS values are 35 ppm and 9 ppm respectively, and were promulgated in 1971.  Both of these values must not be exceeded more than once a year.  As shown in Table 1, two stations monitored for CO from 2010 through 2015.  Neither station recorded any values greater than 4% of the 1-hour NAAQS nor greater than 10% of the 8-hour NAAQS.  Regional and national CO trends for can be viewed at the EPA website www.epa.gov/air-trends/carbon-monoxide-trends.
The current primary annual and 1-hour NO2 NAAQS values are 53 ppb and 100 ppb respectively.  The annual NAAQS was promulgated in 1971 and the 1-hour NAAQS in 2010.  As shown in Table 2, five stations monitored ambient NO2 values throughout the state from 2010 through 2015.  All the stations had calculated design values that were well below both the primary annual and 1-hour NAAQS values.  Regional and national NO2 trends can be viewed at the EPA website www.epa.gov/air-trends/nitrogen-dioxide-trends.
The current Ozone NAAQS is 70 ppb and was promulgated on October 26[th], 2015.  As shown in Table 3, seven stations monitored ambient ozone values throughout the state from 2010 through 2015.    All stations had calculated design values that were under the primary 8-hour ozone NAAQS.  Regional and national ozone trends for can be viewed at the EPA website www.epa.gov/air-trends/ozone-trends.
Particulate matter with an aerodynamic diameter less than or equal to 2.5 microns is referred to as PM2.5.  The current PM2.5 1-year NAAQS is 12.0 ug/m[3], and the PM2.5 24-hour NAAQS is 35 ug/m[3].  As shown in Table 4, 13 sites monitored ambient PM2.5 values throughout the state from 2010 through 2015.  Eleven of the 13 stations had valid design values, and none of these 11 exceeded either NAAQS.  Regional and national PM2.5 trends can be viewed at the EPA website www.epa.gov/air-trends/particulate-matter-pm25-trends.
Particulate matter with an aerodynamic diameter less than or equal to 10 microns is referred to as PM10.  The current 24-hour PM10 NAAQS is 150 ug/m[3], and was promulgated in 1987.  To determine compliance with the PM10 NAAQS, one must compute the average number of exceedances over three years, which is the standard-related test statistic for this pollutant.  For incomplete years, or for monitors collecting less frequently than on a daily schedule, the number of exceedances must be estimated, and is calculated as detailed in 40 CFR Part 50 Appendix K.  The standard is attained when the 3-year average estimated exceedance at each monitoring site is less than or equal to one.  As shown in Table 5, there were 13 sites monitoring ambient PM10 values throughout the state from 2013 through 2015.  Only one exceedance was recorded, and the exceedance was flagged by the state as an exceptional event.  As shown, the second maximum concentrations in 2015 were all under the NAAQS.  Design values are calculated using one of three methods detailed in the PM10 Development Guideline (EPA 1987) document.  Regional and national PM10 trends for can be viewed at the EPA website www.epa.gov/air-trends/particulate-matter-pm10-trends.
The current primary SO2 1-hour NAAQS is 75 ppb and was promulgated in 2010.  As shown in Table 6, six stations monitored ambient SO2 values throughout the state from 2010 through 2015.  Five of the six stations reported valid design values, and all were significantly lower than the 1-hour NAAQS.  Regional and national SO2 trends for can be viewed at the EPA website www.epa.gov/air-trends/sulfur-dioxide-trends.
Although there is a lead (Pb) NAAQS, monitoring is not required in South Dakota, nor was it performed from 2010 through 2015.  Regional and National Pb trends can be viewed at the EPA website www.epa.gov/air-trends/lead-trends.


[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64393-64394]
[FR Doc No: 2019-25341]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0387]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for two
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on October 22, 2019. The
exemptions expire on October 22, 2021. Comments must be received on or
before December 23, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0387 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2014-0387. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2014-0387), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2014-0387. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2014-0387 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue

SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The two individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the two
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The two drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    As of October 22, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Richard A. Carter (MD) and Donnie Lamar McEntire, Jr. (GA).

    The drivers were included in docket number FMCSA-2014-0387. Their
exemptions are applicable as of October 22, 2109, and will expire on
October 22, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the two exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41 (b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

    Issued on: November 14, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-25341 Filed 11-20-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Rules and Regulations]
[Pages 60633-60634]
[FR Doc No: 2016-20927]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393 and Appendix G to Subchapter B of Chapter III

[Docket No. FMCSA-2015-0176]
RIN 2126-AB81

Parts and Accessories Necessary for Safe Operation; Inspection,
Repair, and Maintenance; Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This notice makes corrections to a final rule published in the
Federal Register on July 22, 2016, regarding amendments to the Federal
Motor Carrier Safety Regulations in response to several petitions for
rulemaking and NTSB recommendations. The Agency makes several minor
clerical corrections regarding the rear license plate lamp requirements
and the periodic inspection requirements for antilock brake systems
(ABS).

DATES: This rule is effective September 2, 2016.

ADDRESSES: All background documents, comments, and materials related to
this rule may be viewed in docket number FMCSA-2015-0176 using either
of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
     Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
Federal Motor Carrier Safety Administration, telephone:<PHONE_NUMBER>;
<EMAIL_ADDRESS>Office hours are from 8 a.m. to 4:30 p.m. ET,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Public Participation

Viewing Documents

    To view comments submitted to previous rulemaking documents on this
subject, go to http://www.regulations.gov and click on the ``Read
Comments'' box in the upper right hand side of the screen. Then, in the
``Keyword'' box, insert ``FMCSA-2015-0176'' and click ``Search.'' Next,
click ``Open Docket Folder'' in the ``Actions'' column. Finally, in the
``Title'' column, click on the document you would like to review. If
you do not have access to the Internet, you may view the docket online
by visiting the Docket Management Facility in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.

Privacy Act

    All comments received were posted without change to http://www.regulations.gov. In accordance with 5 U.S.C. 553(c), DOT previously
solicited comments from the public to better inform its rulemaking
process. DOT posted these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.

Corrections

    FMCSA is making minor corrections to fix errors found in the final
rule published on July 22, 2016. In Sec.  393.11, the Agency corrects
Footnote 11 of Table 1 to read ``No rear license plate lamp is required
on vehicles that do not display a rear license plate.'' FMCSA
inadvertently omitted the word ``not'' in this footnote.
    The Agency corrects section 1.l.(4)(b) of Appendix G to Subchapter
B of Chapter III, to read ``only to the vehicle's stop lamp circuit.''
FMCSA inadvertently omitted the phrase ``vehicle's stop lamp circuit''
in this section.
    As noted in the final rule, the National Highway Traffic Safety
Administration had extended the compliance date for antilock brake
systems (ABS) on hydraulic braked vehicles from March 1, 1999, to
September 1, 1999, but that action was limited to an extension of the
malfunction indicator lamp requirement in S5.3.3(b) of FMVSS No. 105--
and not for the general requirement to equip hydraulic-braked vehicles
with ABS. As such, all hydraulic-braked vehicles were still expected to
be equipped with ABS effective March 1, 1999. While FMCSA included
footnotes to help explain the different effective dates for the various
ABS requirements in the Appendix G periodic inspection requirements,
those footnotes are amended and repositioned to accurately reflect the
effective dates for the various ABS requirements in Appendix G.
    Lastly, section 1.l.(5) is amended to note that it only applies to
towed vehicles equipped with air brakes.

List of Subjects in 49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

    Accordingly, for reasons set forth in the preamble, FMCSA amends 49
CFR part 393 and appendix G to subchapter B of chapter III as follows:

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
1. The authority citation for part 393 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5524 of Pub. L.
114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.

0
2. In Sec.  393.11, revise Footnote 11 of Table 1 to read as follows:

Sec.  393.11   Lamps and reflective devices.

* * * * *
    Table 1 of Sec.  393.11--Required Lamps and Reflectors on
Commercial Motor Vehicles
* * * * *
    Footnote--11 To be illuminated when headlamps are illuminated. No
rear license plate lamp is required on vehicles that do not display a
rear license plate.
* * * * *

0
3. In Appendix G to subchapter B of chapter III, revise Section 1.l to
read as follows:

Appendix G to Subchapter B of Chapter III--Minimum Periodic Inspection
Standards

* * * * *
    1. Brake System
* * * * *
    l. Antilock Brake System1 2 3
    (1) Missing ABS malfunction indicator components (i.e., bulb,
wiring, etc.).
    (2) ABS malfunction indicator that does not illuminate when
power is first applied to the ABS controller (ECU) during initial
power up.
    (3) ABS malfunction indicator that stays illuminated while power
is continuously applied to the ABS controller (ECU).
    (4) ABS malfunction indicator lamp on a trailer or dolly does
not cycle when electrical power is applied (a) only to the vehicle's
constant ABS power circuit, or (b) only to the vehicle's stop lamp
circuit.
    (5) With its brakes released and its ignition switch in the
normal run position, power unit does not provide continuous
electrical power to the ABS on any air-braked vehicle it is equipped
to tow.
    (6) Other missing or inoperative ABS components.
* * * * *
    \1\ Power units manufactured after March 1, 2001, have two ABS
malfunction indicators, one for the power unit and one for the units
that they tow. Both malfunction indicators are required to be fully
functional.
    \2\ Air-braked vehicles: Subsections (1)-(6) of this section are
applicable to tractors with air brakes built on or after March 1,
1997, and all other vehicles with air brakes built on or after March
1, 1998.
    \3\ Hydraulic-braked vehicles: Subsections (1)-(3) of this
section are applicable to vehicles over 10,000 lbs. GVWR with
hydraulic brakes built on or after September 1, 1999. Subsection (6)
of this section is applicable to vehicles over 10,000 lbs. with
hydraulic brakes built on or after March 1, 1999.

    Issued under authority delegated in 49 CFR 1.87. August 25,
2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20927 Filed 9-1-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13206-13208]
[FR Doc No: 2014-04588]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0789; Directorate Identifier 2013-NM-127-AD;
Amendment 39-17782; AD 2014-05-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2012-12-08 for
certain The Boeing Company Model 777-200 and -300 series airplanes. AD
2012-12-08 required an inspection for the part number of the main
landing gear retract actuator fuse pin, and replacement of the pin if
necessary. This new AD retains the actions required by AD 2012-12-08
and adds airplanes to the applicability. This AD was prompted by a
determination that additional airplanes may be subject to the
identified unsafe condition. We are issuing this AD to prevent
structural damage to the side and drag brace lock assemblies, which
could result in landing gear collapse during touchdown, rollout, or
taxi.

DATES: This AD is effective April 14, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 14,
2014.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0789; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Melanie Violette, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2012-12-08, Amendment 39-17088 (77 FR 37781,
June 25, 2012). (A correction of AD 2012-12-08 was published in the
Federal Register on July 20, 2012 (77 FR 42625)). AD 2012-12-08 applied
to certain The Boeing Company Model 777-200 and -300 series airplanes.
The NPRM published in the Federal Register on September 19, 2013 (78 FR
57542). The NPRM was prompted by a determination that additional
airplanes may be subject to the identified unsafe condition. The NPRM
also proposed to continue to require the actions required by AD 2012-
12-08. The NPRM also proposed to add airplanes to the applicability;
and to require an inspection for the part number of the main landing
gear retract actuator fuse pin, and replacement of the pin if
necessary. We are issuing this AD to prevent structural damage to the
side and drag brace lock assemblies, which could result in landing gear
collapse during touchdown, rollout, or taxi.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 57542, September 19, 2013) and the FAA's response to each
comment.

Request for Clarification of Compliance Time

    Boeing requested that we revise the last sentence of paragraph (g)
of the NPRM (78 FR 57542, September 19, 2013) to add the phrase,
``Except as required by paragraph (h) of this AD,'' at the beginning of
the sentence. Boeing reasoned that it is unclear if the replacement
referred to in the last sentence should be done within the specified
compliance time after the release date of Boeing Special Attention
Service Bulletin 777-32-0083, Revision 2, dated May 2, 2013, or within
the specified compliance time after the effective date of this AD.
    We agree to revise this final rule for the reasons stated by
Boeing. We have revised paragraph (g) of this final rule accordingly.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD 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 (78 FR 57542, September 19, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 57542, September 19, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 129 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                         Parts     Cost per       Cost on U.S.
                 Action                            Labor cost            cost       product        operators
----------------------------------------------------------------------------------------------------------------
Inspection..............................  5 work-hours x $85 per hour       $0          $425            $54,825
                                           = $425.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Pin Replacement....................  1 work-hour x $85 per hour   $700 per pin..........  $785 per pin.
                                      = $85 per pin.
----------------------------------------------------------------------------------------------------------------

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 have 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) Is not a ``significant rule'' under 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 removing Airworthiness Directive (AD)
2012-12-08, Amendment 39-17088 (77 FR 37781, June 25, 2012; corrected
July 20, 2012 (77 FR 42625)), and adding the following new AD:

2014-05-09 The Boeing Company: Amendment 39-17782; Docket No. FAA-
2013-0789; Directorate Identifier 2013-NM-127-AD.

(a) Effective Date

    This AD is effective April 14, 2014.

(b) Affected ADs

    This AD supersedes AD 2012-12-08, Amendment 39-17088 (77 FR
37781, June 25, 2012; corrected July 20, 2012 (77 FR 42625)).

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category, as identified in
Boeing Special Attention Service Bulletin 777-32-0083, Revision 2,
dated May 2, 2013.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that additional
airplanes may be subject to the identified unsafe condition. We are
issuing this AD to prevent structural damage to the side and drag
brace lock assemblies, which could result in landing gear collapse
during touchdown, rollout, or taxi.

(f) Compliance

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

(g) Part Number Inspection and Replacement

    Except as required by paragraph (h) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Special Attention Service Bulletin 777-32-0083, Revision 2,
dated May 2, 2013: Inspect the retract actuator fuse pin to
determine the part number, and replace any retract actuator fuse pin
having part number 112W1769-1, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-32-
0083, Revision 2, dated May 2, 2013. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number of the retract actuator fuse pin can be conclusively
determined from that review. Except as required by paragraph (h) of
this AD, do all applicable replacements at the applicable time
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-32-0083, Revision 2, dated May 2,
2013.

 (h) Exception to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 777-32-0083,
Revision 2, dated May 2, 2013, specifies a compliance time ``after
the Revision 2 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.

 (i) Parts Installation Prohibition

    (1) For airplanes identified in Group 1 of Boeing Special
Attention Service Bulletin 777-32-0083, Revision 2, dated May 2,
2013: As of July 30, 2012 (the effective date of AD 2012-12-08,
Amendment 39-17088 (77 FR 37781, June 25, 2012; corrected July 20,
2012 (77 FR 42625)), no person may install a retract actuator fuse
pin having part number 112W1769-1 on any airplane.

    (2) For airplanes identified in Group 2 of Boeing Special
Attention Service Bulletin 777-32-0083, Revision 2, dated May 2,
2013: As of the effective date of this AD, no person may install a
retract actuator fuse pin having part number 112W1769-1 on any
airplane.

 (j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of AD 2012-12-08, Amendment 39-17088 (77 FR 37781,
June 25, 2012; corrected July 20, 2012 (77 FR 42625)), using Boeing
Special Attention Service Bulletin 777-32-0083, dated February 5,
2009, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 777-32-0083, Revision 1, dated February 17, 2011, which is
not incorporated by reference in this AD.

(k) 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 (l)(1) 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 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. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    (1) For more information about this AD, contact Melanie
Violette, Aerospace Engineer, Airframe Branch, ANM-120S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference in this AD may be obtained at the
addresses specified in paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 777-32-0083,
Revision 2, dated May 2, 2013.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (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 Renton, Washington, on February 18, 2014.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04588 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-13-P