[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41669-41670]
[FR Doc No: 2020-14952]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0661]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: General
Operating and Flight Rules FAR 91 and FAR 107

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves information required to process a
request for a Minimum Equipment List (MEL) Letter of Authorization
(LOA) in accordance with certain regulations prescribing general
operating and flight rules. The information to be collected is
necessary because a written request is required to obtain an MEL LOA.
The information collected includes only those details essential to
evaluate the request, approve the MEL, and issue the LOA.

DATES: Written comments should be submitted by September 8, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC
20591.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: John Attebury by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0005.
    Title: General Operating and Flight Rules FAR 91 and FAR 107.
    Form Numbers: None.
    Type of Review: Renewal.
    Background: A person who desires to operate an aircraft with
inoperative instruments or equipment under the provisions of 14 CFR
91.213(a) must receive approval for their minimum equipment list and be
issued an LOA to use that MEL. The person must submit the MEL for
approval along with a written request for an LOA to the responsible
Flight Standards office. The information collected includes only those
details essential to evaluate the request, approve the MEL, and issue
the LOA. This information includes the aircraft operator's name and
address, the name and telephone number or email address of the person
responsible for aircraft operations, aircraft make, model,

series, aircraft registration number, aircraft serial number, the
proposed MEL, and nonessential equipment and furnishings list, if
applicable.
    The FAA currently issues MEL approvals under the provisions of
Sec.  91.213(a) through two methods: (1) D095 LOA and (2) D195 LOA. The
FAA is simplifying Sec.  91.213(a) MEL approvals by transitioning to
one method of approval, LOA D195, and streamlining the application and
approval process to reduce regulatory costs, burdens, and delays. While
developing this new Sec.  91.213(a) LOA policy, the FAA discovered that
approval for information collection was inadvertently overlooked during
the Sec.  91.213 rulemaking process. We now seek to remedy that
omission.
    Respondents: Approximately 2,638 aircraft operators of U.S.-
registered aircraft who desire to operate under 14 CFR 91.213(a).
    Frequency: One time for the initial request for MEL approval and
LOA issuance, and thereafter for MEL revision.
    Estimated Average Burden per Response: 20 hours for initial
approval; 4 hours for revision
    Estimated Total Annual Burden: We estimate the average annual
burden for the first 10 years will be 38,792 hours. Due to
implementation of new MEL policy, we anticipate an annual burden of
55,392 hours for the first 5 years and 22,192 hours thereafter,
resulting in a 10-year average of 38,792 hours per year. Our rationale
follows:
    The FAA Aerospace Forecast for Fiscal Years 2020-2040 projects the
general aviation fleet to decline slightly, rounded up to an average of
0% change annually. Therefore, we will use the current average of 1308
part 91 MEL LOAs issued per year. Over the past 4 years, 81% of these
LOAs were for initial MEL approval and 19% were for MEL revision. We
estimate a 20 hour burden for an initial MEL request and a 4 hour
burden for an MEL revision. This results in an annual burden of 22,192
hours.

1,308 x 81% = 1,060; 1,060 x 20 hours = 21,200 hours
1,308 x 19% = 248; 248 x 4 hours = 992 hours
21,200 hours + 992 hours = 22,192 hours

    Additionally, there are 8,300 active D095 LOAs. The new FAA policy
will phase out the use of D095 over five years. Holders of D095 LOAs
who wish to operate under Sec.  91.213(a) must request D195 LOA
issuance. Therefore, on average, for the first 5 years, we anticipate
an additional 1,660 MEL LOA requests. These would all be initial MEL
requests and result in an additional 33,200 hours each year for the
first 5 years.

1,660 x 20 hours = 33,200 hours

    Therefore, for the first 5 years, we anticipate an annual burden of
55,392 hours (22,192 + 33,200) and 22,192 hours thereafter, resulting
in an average of 38,792 hours per year.

    Issued in Washington, DC, on July 7, 2020.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2020-14952 Filed 7-9-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Proposed Rules]
[Pages 64984-64987]
[FR Doc No: 2020-22680]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0914; Product Identifier 2020-NM-058-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2018-16-02, which applies to all Airbus SAS Model A318-111 and -112
airplanes, Model A319-111, -112, -113, -114, and -115 airplanes, Model
A320-211, -212, -214, and -216 airplanes, and Model A321-111, -112, -
211, -212, and -213 airplanes. AD 2018-16-02 requires modifying and re-
identifying the aft engine mount assemblies. Since the FAA issued AD
2018-16-02, a modification has been developed for 4-lug engines that
the FAA has determined is necessary. This proposed AD would retain the
requirement to modify and re-identify the 3-lug aft engine mount
assemblies and would include a new requirement to modify and re-
identify the 4-lug aft engine mount assemblies, as specified in a
European Union Aviation Safety Agency (EASA) AD, which will be
incorporated by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November
30, 2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
<EMAIL_ADDRESS>internet: www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0914.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0914; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2020-0914;
Product Identifier 2020-NM-058-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    The FAA issued AD 2018-16-02, Amendment 39-19342 (83 FR 39326,
August 9, 2018) (``AD 2018-16-02''), which applies to all Airbus SAS
Model A318-111 and -112 airplanes, Model A319-111, -112, -113, -114,
and -115 airplanes, Model A320-211, -212, -214, and -216 airplanes, and
Model A321-111, -112, -211, -212, and -213 airplanes. AD 2018-16-02
requires modifying and re-identifying the aft engine mount assemblies.
The FAA issued AD 2018-16-02 to address non-conforming retainers of the
aft engine mount. This condition could result in loss of the locking
feature of the nuts of the inner and outer pins; loss of the pins will
result in the aft mount engine link no longer being secured to the aft
engine mount, possibly resulting in damage to the airplane.

Actions Since AD 2018-16-02 Was Issued

    Since the FAA issued AD 2018-16-02, a modification has been
developed for 4-lug engines that the FAA has determined is necessary to
address the unsafe condition. The proposed AD would retain the
requirement to modify and re-identify the (3-lug) aft engine mount
assemblies and would include a new requirement to modify and re-
identify the (4-lug) aft engine mount assemblies
    The EASA, which is the Technical Agent for the Member States of the

European Union, has issued EASA AD 2020-0085, dated April 6, 2020
(``EASA AD 2020-0085'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318-111 and -112 airplanes, Model
A319-111, -112, -113, -114, and -115 airplanes, Model A320-211, -212, -
214, -215, and -216 airplanes, and Model A321-111, -112, -211, -212,
and -213 airplanes. EASA AD 2020-0085 supersedes EASA AD 2017-0251,
dated December 15, 2017 (``EASA AD 2017-0251'') (which corresponds to
FAA AD 2018-16-02). Model A320-215 airplanes are not certificated by
the FAA and are not included on the U.S. type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.
    This proposed AD was prompted by a report of a production quality
deficiency on the inner retainer installed on link assemblies of the
aft engine mount, which could result in failure of the retainer. The
FAA is proposing this AD to address non-conforming retainers of the aft
engine mount. This condition could result in loss of the locking
feature of the nuts of the inner and outer pins; loss of the pins will
result in the aft mount engine link no longer being secured to the aft
engine mount, possibly resulting in damage to the airplane. See the
MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2018-16-02, this proposed AD would retain certain of
the requirements of AD 2018-16-02. Those requirements are referenced in
paragraphs (3), (4), (7), and (12) of EASA AD 2020-0085, which, in
turn, is referenced in paragraph (g) of this proposed AD.
    Paragraph (h) of AD 2018-16-02 excluded 4-lug engines from the
modification (which corresponded with the previous EASA AD). This
proposed AD includes 4-lug engines in the modification as specified in
paragraph (3) of EASA AD 2020-0085. EASA determined the compliance time
for the modification of the 4-lug engines is the same as the compliance
time for the 3-lug engines. For this NPRM, the proposed compliance
times for both 3-lug and 4-lug engines is within 48 months after
September 13, 2018 (the effective date of AD 2018-16-02).
    The 4-lug engines were originally excluded from AD 2018-16-02
because the installation of the engine mount retainer that was
developed to address the unsafe condition can lead to interference on
4-lug engines. However, since AD 2018-16-02 was issued, a new mount
retainer was developed for 4-lug engines. As the unsafe condition is
the same for 3-lug and 4-lug engines, it was determined that the
modification for the 4-lug engines should be accomplished within the
compliance time given for the 3-lug engines.
    EASA provided their regulated community approximately 15 months for
accomplishing the modification on the 4-lug engines. The FAA expects to
provide at least the same amount of time, if not longer, for affected
U.S. operators to accomplish the modification on the 4-lug engines
(based on the anticipated time needed to issue a final rule). The FAA
has determined this compliance time is necessary to adequately address
the unsafe condition for the 4-lug engines.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0085 describes procedures for procedures for modifying
and re-identifying the aft engine mount retainer assembly. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0085 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD and except as discussed under ``Differences
Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    This proposed AD does not include the actions specified in
paragraphs (1) and (2) of EASA AD 2020-0085. Those actions are required
by paragraphs (l) and (m) of AD 2016-14-09, Amendment 39-18590 (81 FR
44989, July 12, 2016) (``AD 2016-14-09'').
    This proposed AD does not include the parts installation
prohibition specified in paragraph (10) of EASA AD 2020-0085. That
prohibition is included in paragraph (j) of AD 2017-04-10, Amendment
39-18805 (82 FR 11791, February 27, 2017) (``AD 2017-04-10'').
    This proposed AD does not supersede AD 2016-14-09 and AD 2017-04-
10. However, paragraph (i) of this proposed AD provides terminating
action for certain requirements of AD 2016-14-09 and a method of
compliance for certain requirements of AD 2017-04-10.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0085
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0085 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2020-0085 that is required for compliance with EASA AD 2020-
0085 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0914 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 119 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-16-02...  20 work-hours x $85 per           $3,152          $4,852        $577,388
                                         hour = $1,700.
New proposed actions..................  16 work-hours x $85 per            4,362           5,722         680,918
                                         hour = $1,360.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The 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:
0
a. Removing Airworthiness Directive (AD) 2018-16-02, Amendment 39-19342
(83 FR 39326, August 9, 2018); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0914; Product Identifier 2020-NM-
058-AD.

(a) Comments Due Date

    The FAA must receive comments by November 30, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2018-16-02, Amendment 39-19342 (83 FR
39326, August 9, 2018) (``AD 2018-16-02'').
    (2) This AD affects AD 2016-14-09, Amendment 39-18590 (81 FR
44989, July 12, 2016) (``AD 2016-14-09'').
    (3) This AD affects AD 2017-04-10, Amendment 39-18805 (82 FR
11791, February 27, 2017) (``AD 2017-04-10'').

(c) Applicability

    This AD applies to all the Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A318-111 and -112 airplanes.
    (2) Model A319-111, -112, -113, -114, and -115 airplanes.
    (3) Model A320-211, -212, -214, and -216 airplanes
    (4) Model A321-111, -112, -211, -212, and -213 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by a report of a production quality
deficiency on the inner retainer installed on link assemblies of the
aft engine mount, which could result in failure of the retainer. The
FAA is issuing this AD to address non-conforming retainers of the
aft engine mount. This condition could result in loss of the locking
feature of the nuts of the inner and outer pins; loss of the pins
will result in the aft mount engine link no longer being secured to
the aft engine mount, possibly resulting in damage to the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, paragraphs (3) through (6), (8), (9), (11), and
(12) of European Union Aviation Safety Agency (EASA) AD 2020-0085,
dated April 6, 2020 (``EASA AD 2020-0085'').

(h) Exceptions to EASA AD 2020-0085

    (1) Where EASA AD 2020-0085 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0085 refers to August 16, 2017 (the
effective date of EASA AD 2017-0138, dated August 2, 2017), this AD
requires using September 13, 2018 (the effective date of AD 2018-16-
02).
    (3) Where EASA AD 2020-0085 refers to December 15, 2017 (the
issued date of EASA AD 2017-0251), this AD requires using September
13, 2018 (the effective date of AD 2018-16-02).
    (4) The ``Remarks'' section of EASA AD 2020-0085 does not apply
to this AD.
    (5) Where paragraph (8) of EASA AD 2020-0085 specifies ``do not
operate any airplane having installed a, and do not install on any
airplane a `dull' finish aft engine mount inner retainer,'' for this
AD, do not operate any airplane having installed any inner retainers
affected by the production quality deficiency, and do not install on
any airplane a `dull' finish aft engine mount inner retainer.
    (6) Where paragraph (9.3) of EASA AD 2020-0085 refers to January
27, 2016 (the effective date of EASA AD 2016-0010, dated January 13,
2016), this AD requires using April 3, 2017 (the effective date of
AD 2017-04-10).
    (7) Where paragraph (12) of EASA AD 2020-0085 specifies a
compliance time of ``before next flight after December 15, 2017,''
for this AD, that compliance time is ``within 30 days after
September 13, 2018'' (the effective date of AD 2018-16-12.)

(i) Terminating Action for AD 2016-14-09 and AD 2017-04-10

    (1) Modification of an airplane as required by paragraph (g) of
this AD (i.e., accomplishing the modification required by paragraph
(3) of EASA AD 2020-0085, the replacement specified in paragraph (4)
of EASA AD 2020-0085, or the modification specified in paragraph (5)
of EASA AD 2020-0085), constitutes terminating action for the
repetitive detailed inspections required by paragraph (l) of AD
2016-14-09 for that airplane.

    (2) Modification of an airplane as required by paragraph (g) of
this AD (i.e., accomplishing the modification required by paragraph
(3) of EASA AD 2020-0085, the replacement specified in paragraph (4)
of EASA AD 2020-0085, or the modification specified in paragraph (5)
of EASA AD 2020-0085), is a method of compliance with the
requirements of paragraph (g) of AD 2017-04-10 for that airplane.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>    (i) 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.
    (ii) AMOCs approved previously for AD 2018-16-02 are approved as
AMOCs for the corresponding provisions of EASA AD 2020-0085 that are
required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0085 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0085, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email<EMAIL_ADDRESS>Internet: www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0914.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-22680 Filed 10-13-20; 8:45 am]
BILLING CODE 4910-13-P


(a) An automobile is any 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use on public
streets, roads, and highways and rated at less than 10,000 pounds gross
vehicle weight, except:
    (1) A vehicle operated only on a rail line;
    (2) A vehicle manufactured in different stages by 2 or more
manufacturers, if no intermediate or final-stage manufacturer of that
vehicle manufactures more than 10,000 multi-stage vehicles per year; or
    (3) A work truck.
* * * * *

0
4. Revise Sec.  523.5 to read as follows:

Sec.  523.5  Non-passenger automobile.

    A non-passenger automobile means an automobile that is not a
passenger automobile or a work truck and includes vehicles described in
paragraphs (a) and (b) of this section:
    (a) An automobile designed to perform at least one of the following
functions:
    (1) Transport more than 10 persons;
    (2) Provide temporary living quarters;
    (3) Transport property on an open bed;
    (4) Provide, as sold to the first retail purchaser, greater cargo-
carrying than passenger-carrying volume, such as in a cargo van; if a
vehicle is sold with a second-row seat, its cargo-carrying volume is
determined with that seat installed, regardless of whether the
manufacturer has described that seat as optional; or
    (5) Permit expanded use of the automobile for cargo-carrying
purposes or other nonpassenger-carrying purposes through:
    (i) For non-passenger automobiles manufactured prior to model year
2012, the removal of seats by means installed for that purpose by the
automobile's manufacturer or with simple tools, such as screwdrivers
and wrenches, so as to create a flat, floor level, surface extending
from the forwardmost point of installation of those seats to the rear
of the automobile's interior; or
    (ii) For non-passenger automobiles manufactured in model year 2008
and beyond, for vehicles equipped with at least 3 rows of designated
seating positions as standard equipment, permit expanded use of the
automobile for cargo-carrying purposes or other nonpassenger-carrying
purposes through the removal or stowing of foldable or pivoting seats
so as to create a flat, leveled cargo surface extending from the
forwardmost point of installation of those seats to the rear of the
automobile's interior.
    (b) An automobile capable of off-highway operation, as indicated by
the fact that it:
    (1)(i) Has 4-wheel drive; or
    (ii) Is rated at more than 6,000 pounds gross vehicle weight; and
    (2) Has at least four of the following characteristics calculated
when the automobile is at curb weight, on a level surface, with the
front wheels parallel to the automobile's longitudinal centerline, and
the tires inflated to the manufacturer's recommended pressure--
    (i) Approach angle of not less than 28 degrees.
    (ii) Breakover angle of not less than 14 degrees.
    (iii) Departure angle of not less than 20 degrees.
    (iv) Running clearance of not less than 20 centimeters.
    (v) Front and rear axle clearances of not less than 18 centimeters
each.

    (Sec. 9, Pub. L. 89-670, 80 Stat. 981 (49 U.S.C. 1657); sec.
301, Pub. L. 94-163, 89 Stat. 901 (15 U.S.C. 2002); delegation of
authority at 41 FR 25015, June 22, 1976.)

PART 531--PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS

0
5. The authority citation for part 531 continues to read as follows:

    Authority:  49 U.S.C. 32902; delegation of authority at 49 CFR
1.50.

0
6. Amend Sec.  531.5 by revising paragraph (a), redesignating paragraph
(b) as paragraph (d), and adding new paragraphs (b) and (c) to read as
follows:

Sec.  531.5  Fuel economy standards.

    (a) Except as provided in paragraph (d) of this section, each
manufacturer of passenger automobiles shall comply with the average
fuel economy standards in Table I, expressed in miles per gallon, in
the model year specified as applicable:

[GRAPHIC] [TIFF OMITTED] TR30MR09.101

    (b) For model year 2011, a manufacturer's passenger automobile
fleet shall comply with the fuel economy level calculated for that
model year according to Figure 1 and the appropriate values in Table
II.

Figure 1:
[GRAPHIC] [TIFF OMITTED] TR30MR09.102

Where:

N is the total number (sum) of passenger automobiles produced by a
manufacturer,
Ni is the number (sum) of the ith model passenger
automobile produced by the manufacturer, and
Ti is fuel economy target of the ith model passenger
automobile, which is determined according to the following formula,
rounded to the nearest hundredth:
[GRAPHIC] [TIFF OMITTED] TR30MR09.103

Where:

    Parameters a, b, c, and d are defined in Table II;
    e = 2.718; and
    x = footprint (in square feet, rounded to the nearest tenth) of
the vehicle model

[GRAPHIC] [TIFF OMITTED] TR30MR09.104

    (c) In addition to the requirement of paragraph (b) of this
section, each manufacturer shall also meet the minimum standard for
domestically manufactured passenger automobiles expressed in Table III:
[GRAPHIC] [TIFF OMITTED] TR30MR09.105

* * * * *

PART 533--LIGHT TRUCK FUEL ECONOMY STANDARDS

    7. The authority citation for part 533 continues to read as
follows:

    Authority:  49 U.S.C. 32902; delegation of authority at 49 CFR
1.50.
    8. Amend Sec.  533.5 by revising Table V of paragraph (a) and
paragraph (h) to read as follows:

Sec.  533.5  Requirements.

    (a) * * *
    [GRAPHIC] [TIFF OMITTED] TR30MR09.106

* * * * *
    (h) For model year 2011, a manufacturer's light truck fleet shall
comply with the fuel economy level calculated for that model year
according to Figure 1 and the appropriate values in Table V.

PART 534--RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE
CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS

0
9. The authority citation for part 534 continues to read as follows:

    Authority:  49 U.S.C. 32901; delegation of authority at 49 CFR
1.50.

0
10. Amend Sec.  534.4 by revising paragraphs (c) and (d) to read as
follows:

PART 534--RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE
CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS

    9. The authority citation for part 534 continues to read as
follows:

    Authority:  49 U.S.C. 32901; delegation of authority at 49 CFR
1.50.
    10. Amend Sec.  534.4 by revising paragraphs (c) and (d) to read as
follows:

Sec.  534.4  Successors and predecessors.

* * * * *
    (c) Credits earned by a predecessor before or during model year
2007 may be used by a successor, subject to the availability of credits
and the general three-year restriction on carrying credits forward and
the general three-year restriction on carrying credits backward.
Credits earned by a predecessor after model year 2007 may be used by a
successor, subject to the availability of credits and the general five-
year restriction on carrying credits forward and the general three-year
restriction on carrying credits backward.
    (d) Credits earned by a successor before or during model year 2007
may be used to offset a predecessor's shortfall, subject to the
availability of credits and the general three-year restriction on
carrying credits forward and the general three-year restriction on
carrying credits backward. Credits earned by a successor after model
year 2007 may be used to offset a predecessor's shortfall, subject to
the availability of credits and the general five-year restriction on
carrying credits forward and the general three-year restriction on
carrying credits backward.

0
11. Amend Sec.  534.5 by revising paragraphs (c) and (d) to read as
follows:

Sec.  534.5  Manufacturers within control relationships.

* * * * *
    (c) Credits of a manufacturer within a control relationship may be
used by the group of manufacturers within the control relationship to
offset shortfalls, subject to the agreement of the other manufacturers,
the availability of the credits, and the general three-year restriction
on carrying credits forward or backward prior to or during model year
2007, or the general five-year restriction on carrying credits forward
and the general three-year restriction on carrying credits backward
after model year 2007.
    (d) If a manufacturer within a group of manufacturers is sold or
otherwise spun off so that it is no longer within that control
relationship, the manufacturer may use credits that were earned by the
group of manufacturers within the control relationship while the
manufacturer was within that relationship, subject to the agreement of
the other manufacturers, the availability of the credits, and the
general three-year restriction on carrying credits forward or backward
prior to or during model year 2007, or the general five-year
restriction on carrying credits forward and the general three-year
restriction on carrying credits backward after model year 2007.

PART 535--[REMOVED]

0
12. Remove Part 535.

0
13. Part 536 is added to read as follows:

PART 536--TRANSFER AND TRADING OF FUEL ECONOMY CREDITS

Sec.
536.1 Scope.
536.2 Application.
536.3 Definitions.
536.4 Credits.
536.5 Trading infrastructure.
536.6 Treatment of credits earned prior to model year 2011.
536.7 Treatment of carryback credits.
536.8 Conditions for trading of credits.
536.9 Use of credits with regard to the domestically manufactured
passenger automobile minimum standard.
536.10 Treatment of dual-fuel and alternative fuel vehicles--
consistency with 49 CFR Part 538.

    Authority:  Sec. 104, Pub. L. 110-140 (49 U.S.C. 32903);
delegation of authority at 49 CFR 1.50.

Sec.  536.1  Scope.

    This part establishes regulations governing the use and application
of CAFE credits up to three model years before and five model years
after the model year in which the credit was earned. It also specifies
requirements for manufacturers wishing to transfer fuel economy credits
between their fleets and for manufacturers and other persons wishing to
trade fuel economy credits to achieve compliance with prescribed fuel
economy standards.

Sec.  536.2  Application.

    This part applies to all credits earned (and transferable and
tradable) for exceeding applicable average fuel economy standards in a
given model year for domestically manufactured passenger cars, imported
passenger cars, and light trucks.

Sec.  536.3  Definitions.

    (a) Statutory terms. All terms defined in 49 U.S.C. Sec.  32901(a)
are used pursuant to their statutory meaning.
    (b) Other terms.
    Above standard fuel economy means, with respect to a compliance
category, that the automobiles manufactured by a manufacturer in that
compliance category in a particular model year have greater average
fuel economy (calculated in a manner that reflects the incentives for
alternative fuel automobiles per 49 U.S.C. 32905) than that
manufacturer's fuel economy standard for that compliance category and
model year.
    Adjustment factor means a factor used to adjust the value of a
traded or transferred credit for compliance purposes to ensure that the
compliance value of the credit when used reflects the total volume of
oil saved when the credit was earned.
    Below standard fuel economy means, with respect to a compliance
category, that the automobiles manufactured by a manufacturer in that
compliance category in a particular model year have lower average fuel
economy (calculated in a manner that reflects the incentives for
alternative fuel automobiles per 49 U.S.C. 32905) than that
manufacturer's fuel economy standard for that compliance category and
model year.
    Compliance means a manufacturer achieves compliance in a particular
compliance category when
    (1) The average fuel economy of the vehicles in that category
exceed or meet the fuel economy standard for that category, or
    (2) The average fuel economy of the vehicles in that category do
not meet the fuel economy standard for that category, but the
manufacturer proffers a sufficient number of valid credits, adjusted
for total oil savings, to cover the gap between the average fuel
economy of the vehicles in that category and the required average fuel
economy.
    A manufacturer achieves compliance for its fleet if the above
conditions (1)

or (2) are simultaneously met for all compliance categories.
    Compliance category means any of three categories of automobiles
subject to Federal fuel economy regulations. The three compliance
categories recognized by 49 U.S.C. 32903(g)(6) are domestically
manufactured passenger automobiles, imported passenger automobiles, and
non-passenger automobiles (``light trucks'').
    Credit holder (or holder) means a legal person that has valid
possession of credits, either because they are a manufacturer who has
earned credits by exceeding an applicable fuel economy standard, or
because they are a designated recipient who has received credits from
another holder. Credit holders need not be manufacturers, although all
manufacturers may be credit holders.
    Credits (or fuel economy credits) means an earned or purchased
allowance recognizing that the average fuel economy of a particular
manufacturer's vehicles within a particular compliance category and
model year exceeds that manufacturer's fuel economy standard for that
compliance category and model year. One credit is equal to \1/10\ of a
mile per gallon above the fuel economy standard per one vehicle within
a compliance category. Credits are denominated according to model year
in which they are earned (vintage), originating manufacturer, and
compliance category.
    Expiry date means the model year after which fuel economy credits
may no longer be used to achieve compliance with fuel economy
regulations. Expiry Dates are calculated in terms of model years: for
example, if a manufacturer earns credits for model year 2011, these
credits may be used for compliance in model years 2008-2016.
    Fleet means all automobiles that are manufactured by a manufacturer
in a particular model year and are subject to fuel economy standards
under 49 CFR parts 531 and 533. For the purposes of this regulation, a
manufacturer's fleet means all domestically manufactured and imported
passenger automobiles and non-passenger automobiles (``light trucks'').
``Work trucks'' and medium and heavy trucks are not included in this
definition for purposes of this regulation.
    Light truck means the same as ``non-passenger automobile,'' as that
term is defined in 49 U.S.C. 32901(a)(17), and as ``light truck,'' as
that term is defined at 49 CFR 523.5.
    Originating manufacturer means the manufacturer that originally
earned a particular credit. Each credit earned will be identified with
the name of the originating manufacturer.
    Trade means the receipt by NHTSA of an instruction from a credit
holder to place one of its credits in the account of another credit
holder. A credit that has been traded can be identified because the
originating manufacturer will be a different party than the current
credit holder. Traded credits are moved from one credit holder to the
recipient credit holder within the same compliance category for which
the credits were originally earned. If a credit has been traded to
another credit holder and is subsequently traded back to the
originating manufacturer, it will be deemed not to have been traded for
compliance purposes.
    Transfer means the application by a manufacturer of credits earned
by that manufacturer in one compliance category or credits acquired by
trade (and originally earned by another manufacturer in that category)
to achieve compliance with fuel economy standards with respect to a
different compliance category. For example, a manufacturer may purchase
light truck credits from another manufacturer, and transfer them to
achieve compliance in the manufacturer's domestically manufactured
passenger car fleet.
    Vintage means, with respect to a credit, the model year in which
the credit was earned.

Sec.  536.4  Credits.

    (a) Type and vintage. All credits are identified and distinguished
in the accounts by originating manufacturer, compliance category, and
model year of origin (vintage).
    (b) Application of credits. All credits earned and applied are
calculated, per 49 U.S.C. 32903(c), in tenths of a mile per gallon by
which the average fuel economy of vehicles in a particular compliance
category manufactured by a manufacturer in the model year in which the
credits are earned exceeds the applicable average fuel economy
standard, multiplied by the number of vehicles sold in that compliance
category. However, credits that have been traded between credit holders
or transferred between compliance categories are valued for compliance
purposes using the adjustment factor specified in paragraph (c) of this
section, pursuant to the ``total oil savings'' requirement of 49 U.S.C.
32903(f)(1).
    (c) Adjustment factor. When traded or transferred and used, fuel
economy credits are adjusted to ensure fuel oil savings is preserved.
For traded credits, the user (or buyer) of credits must multiply the
calculated adjustment factor by the number of its shortfall credits it
plans to offset in order to determine the number of equivalent credits
to acquire from the earner (or seller). For transferred credits, the
user of credits must multiply the calculated adjustment factor by the
number of its shortfall credits it plans to offset in order to
determine the number of equivalent credits to transfer from the
compliance category holding the available credits. The adjustment
factor is calculated by the following formula:
[GRAPHIC] [TIFF OMITTED] TR30MR09.107

Where A = Adjustment Factor applied to traded or transferred
credits;
VMTe = Lifetime vehicle miles traveled for the compliance category
in which the credit was earned: 150,922 miles for domestically
manufactured and imported passenger cars, 172,552 miles for light
trucks;
VMTu = Lifetime vehicle miles traveled for the compliance category
in which the credit is used for compliance: 150,922 miles for
domestically manufactured and imported passenger cars, 172,552 miles
for light trucks;
MPGse = Required fuel economy standard for the originating (earning)
manufacturer, compliance category, and model year in which the
credit was earned;
MPGae = Actual fuel economy for the originating manufacturer,
compliance category, and model year in which the credit was earned;
MPGsu = Required fuel economy standard for the user (buying)
manufacturer, compliance category, and model year in which the
credit is used for compliance;
MPGau = Actual fuel economy for the user manufacturer, compliance
category, and model year in which the credit is used for compliance.

Sec.  536.5  Trading Infrastructure.

    (a) Accounts. NHTSA maintains ``accounts'' for each credit holder.
The account consists of a balance of credits

in each compliance category and vintage held by the holder.
    (b) Who may hold credits. Every manufacturer subject to fuel
economy standards under 49 CFR parts 531 or 533 is automatically an
account holder. If the manufacturer earns credits pursuant to this
regulation, or receives credits from another party, so that the
manufacturer's account has a non-zero balance, then the manufacturer is
also a credit holder. Any party designated as a recipient of credits by
a current credit holder will receive an account from NHTSA and become a
credit holder, subject to the following conditions:
    (1) A designated recipient must provide name, address, contacting
information, and a valid taxpayer identification number or social
security number;
    (2) NHTSA does not grant a request to open a new account by any
party other than a party designated as a recipient of credits by a
credit holder;
    (3) NHTSA maintains accounts with zero balances for a period of
time, but reserves the right to close accounts that have had zero
balances for more than one year.
    (c) Automatic debits and credits of accounts.
    (1) Upon receipt of a verified instruction to trade credits from an
existing credit holder, NHTSA verifies the presence of sufficient
credits in the account of the trader, then debits the account of the
trader and credits the account of the recipient with credits of the
vintage, origin, and compliance category designated. Traded credits
identified by a specific compliance category are deposited into the
recipient's account in that same compliance category. If the recipient
is not a current account holder, NHTSA establishes the account subject
to the conditions described in Sec.  536.5(b), and adds the credits to
the newly-opened account.
    (2) NHTSA automatically deletes unused credits from holders'
accounts as they reach their expiry date.
    (d) Compliance. (1) NHTSA assesses compliance with fuel economy
standards each year, utilizing the certified and reported CAFE data
provided by the Environmental Protection Agency for enforcement of the
CAFE program pursuant to 49 U.S.C. 32904(e). Credit values are
calculated based on the CAFE data from the EPA. If a particular
compliance category within a manufacturer's fleet has above standard
fuel economy, NHTSA adds credits to the manufacturer's account for that
compliance category and vintage in the appropriate amount by which the
manufacturer has exceeded the applicable standard.
    (2) If a manufacturer's vehicles in a particular compliance
category have below standard fuel economy, NHTSA will provide written
notification to the manufacturer that it has failed to meet a
particular fleet target standard. The manufacturer will be required to
confirm the shortfall and must either: submit a plan indicating how it
will allocate existing credits or earn, transfer and/or acquire
credits; or pay the appropriate civil penalty. The manufacturer must
submit a plan or payment within 60 days of receiving agency
notification.
    (3) Credits used to offset shortfalls are subject to the three and
five year limitations as described in Sec.  536.6.
    (4) Transferred credits are subject to the limitations specified by
49 U.S.C. 32903(g)(3) and this regulation.
    (5) The value, when used for compliance, of any credits received
via trade or transfer is adjusted, using the adjustment factor
described in Sec.  536.4(c), pursuant to 49 U.S.C. 32903(f)(1).
    (6) Credit allocation plans received from a manufacturer will be
reviewed and approved by NHTSA. NHTSA will approve a credit allocation
plan unless it finds that the proposed credits are unavailable or that
it is unlikely that the plan will result in the manufacturer earning
sufficient credits to offset the subject credit shortfall. If a plan is
approved, NHTSA will revise the respective manufacturer's credit
account accordingly. If a plan is rejected, NHTSA will notify the
respective manufacturer and request a revised plan or payment of the
appropriate fine.
    (e) Reporting. (1) NHTSA periodically publishes the names and
credit holdings of all credit holders. NHTSA does not publish
individual transactions, nor respond to individual requests for updated
balances from any party other than the account holder.
    (2) NHTSA issues an annual credit status letter to each party that
is a credit holder at that time. The letter to a credit holder includes
a credit accounting record that identifies the credit status of the
credit holder including any activity (earned, expired, transferred,
traded, carry-forward and carry-back credit transactions/allocations)
that took place during the identified activity period.

Sec.  536.6  Treatment of credits earned prior to model year 2011.

    (a) Credits earned in a compliance category before model year 2008
may be applied by the manufacturer that earned them to carryback plans
for that compliance category approved up to three model years prior to
the year in which the credits were earned, or may be applied to
compliance in that compliance category for up to three model years
after the year in which the credits were earned.
    (b) Credits earned in a compliance category during and after model
year 2008 may be applied by the manufacturer that earned them to
carryback plans for that compliance category approved up to three years
prior to the year in which the credits were earned, or may be held or
applied for up to five model years after the year in which the credits
were earned.
    (c) Credits earned in a compliance category prior to model year
2011 may not be transferred or traded.

Sec.  536.7  Treatment of carryback credits.

    (a) Carryback credits earned in a compliance category in any model
year may be used in carryback plans approved by NHTSA, pursuant to 49
U.S.C. 32903(b), for up to three model years prior to the year in which
the credit was earned.
    (b) For purposes of this regulation, NHTSA will treat the use of
future credits for compliance, as through a carryback plan, as a
deferral of penalties for non-compliance with an applicable fuel
economy standard.
    (c) If NHTSA receives and approves a manufacturer's carryback plan
to earn future credits within the following three model years in order
to comply with current regulatory obligations, NHTSA will defer levying
fines for non-compliance until the date(s) when the manufacturer's
approved plan indicates that credits will be earned or acquired to
achieve compliance, and upon receiving confirmed CAFE data from EPA. If
the manufacturer fails to acquire or earn sufficient credits by the
plan dates, NHTSA will initiate compliance proceedings.
    (d) In the event that NHTSA fails to receive or approve a plan for
a non-compliant manufacturer, NHTSA will levy fines pursuant to
statute. If within three years, the non-compliant manufacturer earns or
acquires additional credits to reduce or eliminate the non-compliance,
NHTSA will reduce any fines owed, or repay fines to the extent that
credits received reduce the non-compliance.
    (e) No credits from any source (earned, transferred and/or traded)
will be accepted in lieu of compliance if those credits are not
identified as originating within one of the three model years after the
model year of the confirmed shortfall.

Sec.  536.8  Conditions for trading of credits.

    (a) Trading of credits. If a credit holder wishes to trade credits
to another party, the current credit holder and the receiving party
must jointly issue an instruction to NHTSA, identifying the quantity,
vintage, compliance category, and originator of the credits to be
traded. If the recipient is not a current account holder, the recipient
must provide sufficient information for NHTSA to establish an account
for the recipient. Once an account has been established or identified
for the recipient, NHTSA completes the trade by debiting the
transferor's account and crediting the recipient's account. NHTSA will
track the quantity, vintage, compliance category, and originator of all
credits held or traded by all account-holders.
    (b) Trading between and within compliance categories. For credits
earned in model year 2011 or thereafter, and used to satisfy compliance
obligations for model year 2011 or thereafter:
    (1) Manufacturers may use credits originally earned by another
manufacturer in a particular compliance category to satisfy compliance
obligations within the same compliance category.
    (2) Once a manufacturer acquires by trade credits originally earned
by another manufacturer in a particular compliance category, the
manufacturer may transfer the credits to satisfy its compliance
obligations in a different compliance category, but only to the extent
that the CAFE increase attributable to the transferred credits does not
exceed the limits in 49 U.S.C. 32903(g)(3). For any compliance
category, the sum of a manufacturer's transferred credits earned by
that manufacturer and transferred credits obtained by that manufacturer
through trade must not exceed that limit.
    (c) Changes in corporate ownership and control. Manufacturers must
inform NHTSA of corporate relationship changes to ensure that credit
accounts are identified correctly and credits are assigned and
allocated properly.
    (1) In general, if two manufacturers merge in any way, they must
inform NHTSA how they plan to merge their credit accounts. NHTSA will
subsequently assess corporate fuel economy and compliance status of the
merged fleet instead of the original separate fleets.
    (2) If a manufacturer divides or divests itself of a portion of its
automobile manufacturing business, it must inform NHTSA how it plans to
divide the manufacturer's credit holdings into two or more accounts.
NHTSA will subsequently distribute holdings as directed by the
manufacturer, subject to provision for reasonably anticipated
compliance obligations.
    (3) If a manufacturer is a successor to another manufacturer's
business, it must inform NHTSA how it plans to allocate credits and
resolve liabilities per 49 CFR Part 534, Rights and Responsibilities of
Manufacturers in the Context of Corporate Relationships.
    (d) No short or forward sales. NHTSA will not honor any
instructions to trade or transfer more credits than are currently held
in any account. NHTSA will not honor instructions to trade or transfer
credits from any future vintage (i.e., credits not yet earned). NHTSA
will not participate in or facilitate contingent trades.
    (e) Cancellation of credits. A credit holder may instruct NHTSA to
cancel its currently held credits, specifying the originating
manufacturer, vintage, and compliance category of the credits to be
cancelled. These credits will be permanently null and void; NHTSA will
remove the specific credits from the credit holder's account, and will
not reissue them to any other party.
    (f) Errors or fraud in earning credits. If NHTSA determines that a
manufacturer has been credited, through error or fraud, with earning
credits, NHTSA will cancel those credits if possible. If the
manufacturer credited with having earned those credits has already
traded them when the error or fraud is discovered, NHTSA will hold the
receiving manufacturer responsible for returning the same or equivalent
credits to NHTSA for cancellation.
    (g) Error or fraud in trading. In general, all trades are final and
irrevocable once executed, and may only be reversed by a new, mutually-
agreed transaction. If NHTSA executes an erroneous instruction to trade
credits from one holder to another through error or fraud, NHTSA will
reverse the transaction if possible. If those credits have been traded
away, the recipient holder is responsible for obtaining the same or
equivalent credits for return to the previous holder.

Sec.  536.9  Use of credits with regard to the domestically
manufactured passenger automobile minimum standard.

    (a) Each manufacturer is responsible for compliance with both the
minimum standard and the attribute-based standard.
    (b) In any particular model year, the domestically manufactured
passenger automobile compliance category credit excess or shortfall is
determined by comparing the actual CAFE value against either the
required standard value or the minimum standard value, whichever is
larger.
    (c) Transferred or traded credits may not be used, pursuant to 49
U.S.C. 32903(g)(4) and (f)(2), to meet the domestically manufactured
passenger automobile minimum standard specified in 49 U.S.C.
32902(b)(4).
    (d) If a manufacturer's average fuel economy level for domestically
manufactured passenger automobiles is lower than the attribute-based
standard, but higher than the minimum standard, then the manufacturer
may achieve compliance with the attribute-based standard by applying
credits.
    (e) If a manufacturer's average fuel economy level for domestically
manufactured passenger automobiles is lower than the minimum standard,
then the difference between the minimum standard and the manufacturer's
actual fuel economy level may only be relieved by the use of credits
earned by that manufacturer within the domestic passenger car
compliance category which have not been transferred or traded. If the
manufacturer does not have available earned credits to offset a credit
shortage below the minimum standard then the manufacturer can submit a
carry-back plan that indicates sufficient future credits will be earned
in its domestic passenger car compliance category or will be subject to
penalties.

Sec.  536.10  Treatment of dual-fuel and alternative fuel vehicles--
consistency with 49 CFR Part 538.

    (a) Statutory alternative fuel and dual-fuel vehicle fuel economy
calculations are treated as a change in the underlying fuel economy of
the vehicle for purposes of this regulation, not as a credit that may
be transferred or traded. Improvements in alternative fuel or dual fuel
vehicle fuel economy as calculated pursuant to 49 U.S.C. 32905 and
limited by 49 U.S.C. 32906 are therefore attributable only to the
particular compliance category and model year to which the alternative
or dual-fuel vehicle belongs.
    (b) If a manufacturer's calculated fuel economy for a particular
compliance category, including any required calculations for
alternative fuel and dual fuel vehicles, is higher or lower than the
applicable fuel economy standard, manufacturers will earn credits or
must apply credits or pay fines equal to the difference between the
calculated fuel economy level in that compliance category and the
applicable standard. Credits earned are the same as any other credits,
and may be held, transferred, or traded by the manufacturer subject to

the limitations of the statute and this regulation.
    (c) If a manufacturer builds enough alternative fuel or dual fuel
vehicles to improve the calculated fuel economy in a particular
compliance category by more than the limits set forth in 49 U.S.C.
32906(a), the improvement in fuel economy for compliance purposes is
restricted to the statutory limit. Manufacturers may not earn credits
nor reduce the application of credits or fines for calculated
improvements in fuel economy based on alternative or dual fuel vehicles
beyond the statutory limit.

PART 537--AUTOMOTIVE FUEL ECONOMY REPORTS

0
14. Revise the authority citation for part 537 to read as follows:

    Authority:  49 U.S.C. 32907, delegation of authority at 49 CFR
1.50.

0
15. Amend Sec.  537.7 by revising paragraphs (b), (c)(4)(xvi)(A), and
(c)(4)(xvi)(B) to read as follows:

Sec.  537.7  Pre-model year and mid-model year reports.

* * * * *
    (b) Projected average and required fuel economy. (1) State the
projected average fuel economy for the manufacturer's automobiles
determined in accordance with Sec.  537.9 and based upon the fuel
economy values and projected sales figures provided under paragraph
(c)(2) of this section.
    (2) State the projected final average fuel economy that the
manufacturer anticipates having if changes implemented during the model
year will cause that average to be different from the average fuel
economy projected under paragraph (b)(1) of this section.
    (3) State the projected required fuel economy for the
manufacturer's passenger automobiles and light trucks determined in
accordance with 49 CFR 531.5(c) and 49 CFR 533.5(h) and based upon the
projected sales figures provided under paragraph (c)(2) of this
section.
    (4) State the projected final required fuel economy that the
manufacturer anticipates having if changes implemented during the model
year will cause the targets to be different from the target fuel
economy projected under paragraph (b)(3) of this section.
    (5) State whether the manufacturer believes that the projections it
provides under paragraphs (b)(2) and (b)(4) of this section, or if it
does not provide an average or target under those paragraphs, the
projections it provides under paragraphs (b)(1) and (b)(3) of this
section, sufficiently represent the manufacturer's average and target
fuel economy for the current model year for purposes of the Act. In the
case of a manufacturer that believes that the projections are not
sufficiently representative for those purposes, state the specific
nature of any reason for the insufficiency and the specific additional
testing or derivation of fuel economy values by analytical methods
believed by the manufacturer necessary to eliminate the insufficiency
and any plans of the manufacturer to undertake that testing or
derivation voluntarily and submit the resulting data to the
Environmental Protection Agency under 40 CFR 600.509.
    (c) * * *
    (4) * * *
    (xvi)(A) In the case of passenger automobiles:
    (1) Interior volume index, determined in accordance with subpart D
of 40 CFR part 600,
    (2) Body style,
    (3) Beginning model year 2010, base tire as defined in 49 CFR
523.2,
    (4) Beginning model year 2010, track width as defined in 49 CFR
523.2,
    (5) Beginning model year 2010, wheelbase as defined in 49 CFR
523.2, and
    (6) Beginning model year 2010, footprint as defined in 49 CFR
523.2.
    (B) In the case of light trucks:
    (1) Passenger-carrying volume,
    (2) Cargo-carrying volume,
    (3) Beginning model year 2008, base tire as defined in 49 CFR
523.2,
    (4) Beginning model year 2008, track width as defined in 49 CFR
523.2,
    (5) Beginning model year 2008, wheelbase as defined in 49 CFR
523.2, and
    (6) Beginning model year 2008, footprint as defined in 49 CFR
523.2.

    Issued: March 23, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9-6839 Filed 3-27-09; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Rules and Regulations]
[Pages 29821-29823]
[FR Doc No: 2022-10525]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0098; Project Identifier MCAI-2021-01084-T;
Amendment 39-22032; AD 2022-09-12]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by a report indicating that on the A350 final assembly line
(FAL), certain load sensing drive struts (LSDS) and drive struts (DS)
were found not adjusted (the nut was not torqued) and not locked.
Investigation revealed that the LSDS and DS had been changed as re-work
action due to pre-installation damage, but production operations
(adjustment and locking) were not done afterwards. This AD requires,
for certain airplanes, inspection of the LSDS for correct adjustment
and locking, and replacement if necessary, and, for certain other
airplanes, replacement of each affected DS with a serviceable part, as
specified in a European Union Aviation Safety Agency (EASA) AD which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 21, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 21,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0098.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0098; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0220, dated October 1, 2021
(EASA AD 2021-0220) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on February 10, 2022 (87 FR 7765). The NPRM was prompted by a
report indicating that on the A350 FAL, LSDS track 1 and DS track 2
were found not adjusted (the nut was not torqued) and not locked.
Investigation revealed that the LSDS and DS had been changed as re-work
action due to pre-installation damage, but production operations
(adjustment and locking) were not done afterwards. The NPRM proposed to
require, for certain airplanes, inspection of the LSDS for correct
adjustment and locking, and replacement if necessary, and, for certain
other airplanes, replacement of each affected DS with a serviceable
part, as specified in EASA AD 2021-0220.
    The FAA is issuing this AD to prevent degradation of the load-
carrying capability of an LSDS or DS, which could result in the in-
flight detachment of a flap, resulting in structural damage and reduced
controllability of the airplane. See the MCAI for additional background
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA), and an individual, who supported the NPRM without
change.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0220 describes procedures for a detailed inspection of
the LSDS for correct adjustment and locking, and replacement of the
LSDS if any discrepancy (movement of either nut) is found, for
airplanes in Configurations 1 through 4. The service information also
describes procedures for replacement of each affected DS with a
serviceable part, for airplanes in Configurations 5 and 6. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 6 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Labor cost                      Parts cost               Cost per product             operators
----------------------------------------------------------------------------------------------------------------
LSDS inspection: Up to 14 work-     $0........................  Up to $1,190..............  Up to $7,140 (6
 hours x $85 per hour = Up to                                                                airplanes).
 $1,190.
DS replacement: Up to 11 work-      Up to $84,470.............  Up to $85,405.............  Up to $85,405 (1
 hours x $85 per hour = Up to $935.                                                          airplane).
----------------------------------------------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
         Labor cost                Parts cost         Cost per product
------------------------------------------------------------------------
Up to 10 work-hours (2 per    Up to $76,173.......  Up to $77,023.
 LSDS) x $85 per hour = Up
 to $850.
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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:

2022-09-12 Airbus SAS: Amendment 39-22032; Docket No. FAA-2022-0098;
Project Identifier MCAI-2021-01084-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2021-0220, dated October 1,
2021 (EASA AD 2021-0220).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by a report indicating that on the A350
final assembly line (FAL), certain load sensing drive struts (LSDS)
and drive struts (DS) were found not adjusted (the nut was not
torqued) and not locked. Investigation revealed that the LSDS and DS
had been changed as re-work action due to pre-installation damage,
but production operations (adjustment and locking) were not done
afterwards. The FAA is issuing this AD to prevent degradation of the
load-carrying capability of an LSDS or DS, which could result in the
in-flight detachment of a flap, resulting in structural damage and
reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0220.

(h) Exceptions to EASA AD 2021-0220

    (1) Where EASA AD 2021-0220 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2021-0220 refers to a
``discrepancy, as defined in the SB,'' this AD defines a discrepancy
as movement of either nut.
    (3) The ``Remarks'' section of EASA AD 2021-0220 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0220
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) European Union Aviation Safety Agency (EASA) AD 2021-0220,
dated October 1, 2021.
    (ii) [Reserved]
    (3) For EASA 2021-0220, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 20, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-10525 Filed 5-16-22; 8:45 am]
BILLING CODE 4910-13-P


											6 February 09

DRAFT CHARGE FOR MID-CYCLE REVIEW

SCIENCE AND TECHNOLOGY FOR SUSTAINABILITY

BOSC SUBCOMMITTEE

1.0      Objectives.  The objectives of this mid-cycle review are:

To evaluate the progress made by the Office of Research and Development
(ORD) Science and Technology for Sustainability Research Program towards
completing the commitments it made in response to the initial BOSC
program review (April 25-26, 2007), and

To evaluate and obtain advice on key future directions for the research
program which have been developed and other potential areas that could
be considered.

2.0      Background Information.    Independent expert review is used
extensively in industry, federal agencies, Congressional committees, and
academia.  The National Academy of Science has recommended this approach
for evaluating federal research programs.

For the Agency’s environmental research programs, periodic independent
reviews are conducted at intervals of four or five years to characterize
research progress, to identify when clients are applying research to
strengthen environmental decisions, and to evaluate client feedback
about the research.  Mid-cycle evaluations are an important part of this
program review process.  Scheduled midway through the review cycle,
these independent assessments give ORD an opportunity to gauge the
program’s progress relative to the commitments it made following its
last review.

For the upcoming mid-cycle review, the Science and Technology for
Sustainability Research Program is preparing a progress report that will
provide the context for discussions during the meeting.  The report will
identify progress the program has made towards its long-term goals, and
changes implemented by the program in response to BOSC’s major
recommendations from the 2007 review.

The STS Program has undergone significant changes since the initial BOSC
review.  The changes are based upon (1) the BOSC 2007 recommendations,
(2) feedback from the 2006 OMB PART review, (3) significant emerging
issues in the sustainability arena, and (4) budget and organizational
changes in EPA.  As a result, ORD has initiated work on a few key
emerging areas of science, e.g., biofuels and green building issues.

Several documents will be provided to the Subcommittee to use in
addressing the charge questions.  ORD will provide two tables that
summarize the changes to the overall program.  Additional documents
include, but are not limited to, the latest versions of the STS MYP, the
US EPA Biofuels Strategy. This review is not intended to be the
in-depth technical evaluation of a full program review.  Presentation
time will be minimized in favor of discussion.

3.0 	Charge Questions for ORD’s Science and Technology Sustainability
Research Program.

ORD is interested in receiving feedback concerning the following
questions:

How responsive has the Science and Technology for Sustainability (STS)
Research Program been to the recommendations made in the April 2007 BOSC
program review report?  The subcommittee will evaluate progress made
regarding “commitments” to the BOSC recommendations as outlined in
ORD’s response.  Specifically, the BOSC will evaluate the
accomplishments and effectiveness of the funded research.

How clear is the rationale for the Science and Technology for
Sustainability Research Program as described in the documents provided
to the Subcommittee?  Is it consistent with the advice previously given
by the BOSC?

If needed, what additional performance metrics (e.g., quality and impact
of publications, timeliness of completing goals) might be appropriate
for the Science and Technology for Sustainability Research Program?

What changes could the program make to enhance the impact of the
research products and complement other existing efforts in the field?
How should products be delivered to ensure they are used within and
outside the Agency, thereby contributing the greatest value?

Given the need to strategically focus the STS program on national
environmental priorities, is the initial focus on Biofuels appropriate
considering the STS Long Term Goals?  If so, is the proposed program
appropriately designed to address these important issues?

Are there any other areas of national significance in the near term that
the program should address?

4.0	Summary Assessment

In developing a short report that responds to the above charge
questions, the BOSC Mid-cycle Subcommittee should provide a summary
assessment, including a single qualitative rating, which reflects the
extent to which the program is making progress in response to the BOSC
review of 2007.  The rating should be in the form of one of the
adjectives defined below, which are intended to promote consistency
among BOSC program reviews.  The adjective should be used as part of a
narrative summary of the review, so that the context of the rating and
the rationale for selecting a particular rating will be transparent.
For mid-cycle reviews, the rating should be based on the quality, speed,
and success of the program's actions in addressing previous BOSC
recommendations.  The adjectives to describe progress are:

o	Exceptional:  indicates that the program is meeting all and exceeding
some of its goals, both in the quality of the science being produced and
the speed at which research result tools and methods are being produced.
 An exceptional rating also indicates that the program is addressing the
right questions to achieve its goals.  The review should be specific as
to which aspects of the program’s performance have been exceptional.

o	Exceeds Expectations: indicates that the program is meeting all of its
goals.  It addresses the appropriate scientific questions to meet its
goals, and the science is competent or better.  It exceeds expectations
for either the high quality of the science or for the speed at which
work products are being produced and milestones met.

o	Meets Expectations: indicates that the program is meeting most of its
goals.  Programs meet expectations in terms of addressing the
appropriate scientific questions to meet their goals, and work products
are being produced and milestones are being reached in a timely manner.
The quality of the science being done is competent or better.

o	Not Satisfactory: indicates that the program is failing to meet a
substantial fraction of its goals, or if meeting them, that the
achievement of milestones is significantly delayed, or that the
questions being addressed are inappropriate or insufficient to meet the
intended purpose.  Questionable science is also a reason for rating a
program as unsatisfactory for a particular long-term goal.  The review
should be specific as to which aspects of a program’s performance have
been inadequate.

5.0	Subcommittee Approach for Mid-Cycle Review

Hold one (1) combined administrative and technical (public)
teleconference prior to the face-	to-face meeting.

Allows subcommittee to become familiar with Federal Advisory Committee
Act (FACA) meeting requirements.

Allows the subcommittee Chair to make review and writing assignments.

Allows the ORD to present background and other relevant materials to the
subcommittee.

Allows the subcommittee to ask clarifying questions.

EPA shall distribute background materials and documents requested by the
Subcommittee in advance of the teleconference calls.

Hold a one-day face-to-face meeting for the mid-cycle review.

The meeting will include brief ORD presentations on program progress.

Members of the Science and Technology for Sustainability Mid-Cycle
Subcommittee will ask questions and discuss the progress with ORD
representatives.

Subcommittee members will draft portions of the short report.

Hold one (1) teleconference call within one month following the
face-to-face meeting to finalize the draft short report.

 Evaluating Federal Research under the Government Performance and
Results Act (National Research Council, 1999).

A Federal Advisory Committee for the U.S. Environmental Protection
Agency’s Office of Research and Development

 PAGE

 PAGE   1

		A Federal Advisory Committee for the U.S. Environmental Protection
Agency’s Office of Research and Development

Draft Charge for March 12, 2009 Science and Technology for
Sustainability Mid-Cycle Subcommittee Meeting


[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69370-69371]
[FR Doc No: 2020-24168]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90275; File No. 265-30]

Fixed Income Market Structure Advisory Committee

AGENCY: Securities and Exchange Commission.

ACTION: Notice of Federal Advisory Committee Renewal.

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

SUMMARY: The Securities and Exchange Commission is publishing this
notice to announce that the Chairman of the Commission, with the
concurrence of the other Commissioners, has approved the renewal of the
Securities and Exchange Commission Fixed Income Market Structure
Advisory Committee.

FOR FURTHER INFORMATION CONTACT: David Dimitrious, Senior Special

Counsel, at<PHONE_NUMBER>, or Arisa Kettig, Special Counsel, at (202)
551-5676, Division of Trading and Markets, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION: In accordance with the requirements of the
Federal Advisory Committee Act, 5 U.S.C.--App, the Commission is
publishing this notice that the Chairman of the Commission, with the
concurrence of the other Commissioners, has approved the renewal of the
Securities and Exchange Commission Fixed Income Market Structure
Advisory Committee (the ``Committee''). The Chairman of the Commission
affirms that the renewal of the Committee is necessary and in the
public interest.\1\
---------------------------------------------------------------------------

    \1\ See 41 CFR 102-3.30(a).
---------------------------------------------------------------------------

    The Committee's objective is to provide the Commission with diverse
perspectives on the structure and operations of the U.S. fixed income
markets, as well as advice and recommendations on matters related to
fixed income market structure.
    No more than 21 voting members will be appointed to the Committee.
Such members shall represent a cross-section of those directly affected
by, interested in, and/or qualified to provide advice to the Commission
on matters related to fixed income market structure. The Committee's
membership will continue to be balanced fairly in terms of points of
view represented. Non-voting members may also be named.
    The charter provides that the duties of the Committee are to be
solely advisory. The Commission alone will make any determinations of
actions to be taken and policies to be expressed with respect to
matters within the Commission's jurisdiction. The Committee will meet
at such intervals as are necessary to carry out its functions. The
charter contemplates that the full Committee will meet one time.
Meetings of subgroups or subcommittees of the full Committee may occur
more frequently.
    The Committee will operate for four-months from the date it is
renewed or such earlier date as determined by the Commission unless,
before the expiration of that time period, it is renewed in accordance
with the Federal Advisory Committee Act. A copy of the charter for the
Committee has been filed with the Committee on Banking, Housing, and
Urban Affairs of the United States Senate, the Committee on Financial
Services of the United States House of Representatives, and the
Committee Management Secretariat of the General Services
Administration. A copy of the charter as so filed also will be filed
with the Chairman of the Commission, furnished to the Library of
Congress, and posted on the Commission's website at www.sec.gov.

    By the Commission.

    Dated: October 27, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-24168 Filed 10-30-20; 8:45 am]
BILLING CODE 8011-01-P