400/500/600/700/800, 747 BAC 1-11, F-28, L-1011, DC-8, DC-9, MD-80,
and DC-10.
---------------------------------------------------------------------------

    The following table summarizes the regulatory requirements for DT
inspection programs. The shaded areas in the table represent regulatory
gaps filled by the AASFR (Sec.  121.1109) requirements to develop DT
inspections and procedures for fatigue critical airplane structural
areas.

BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR12DE07.016

BILLING CODE 4910-13-C
    In  summation, this final rule will transfer the responsibility
from the existing requirements for developing DT based inspections and
procedures from part 121 operators to DAHs. The DAHs, with their
greater expertise and access to design data, are in the best position
to identify fatigue critical structure and methods and frequency of
inspections operators need to comply with the

AASFR. DAHs can develop these data with greater efficiency than
individual operators and these costs will be amortized over a larger
fleet. This final rule will ensure that the required data are developed
in a timely manner to minimize the possibility for disruption of
airline operations when the AASFR compliance deadline is reached.
---------------------------------------------------------------------------

    \43\ Supplemental Inspection Document.
---------------------------------------------------------------------------

    The FAA has, therefore, determined this rulemaking action is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures. In addition, the FAA has determined
that this final rulemaking action: (1) Will not have a significant
economic impact on a substantial number of small entities; (2) will not
affect international trade; and (3) will not impose an unfunded mandate
on State, local, or tribal governments, or on the private sector.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    We did not receive comments from U.S. small entities in the
responses to the proposed rule.
    The FAA recently adopted the Aging Airplane Safety Final Rule
(AASFR),\44\ which, among other things, requires airline operators of
certain large transport category airplanes \45\ to implement damage
tolerance (DT) based inspections and procedures for airplane structure.
---------------------------------------------------------------------------

    \44\ 70 FR 5518, February 2, 2005.
    \45\ The rule applies to turbine powered airplane models with a
maximum type certificated passenger capacity of 30 or more, or a
maximum payload capacity of 7,500 pounds or more.
---------------------------------------------------------------------------

    This final rule is a counterpart to the AASFR. By the effective
date of this rule, DT inspection programs will already be required by
AD, certification or operational regulations for all part 121 airplanes
affected by this proposal. The final rule will transfer the requirement
to develop AASFR DT based data for inspections and procedures from part
121 operators to design approval holders (DAH). A significant number of
part 121 operators are small entities. By transferring the
responsibility from part 121 operators to DAH, this final rule may
relieve small-entity part 121 operators of what could be a significant
cost.
    DAHs include manufacturers of part 25 airplanes and supplemental
type certificate (STC) holders for repairs and alterations made to
these airplanes.
    The current United States part 25 airplane manufacturers include:
Boeing, Cessna Aircraft, Gulfstream Aerospace, Learjet (owned by
Bombardier), Lockheed Martin, and Raytheon Aircraft. These
manufacturers will incur Type Certificate (TC) and Amended TC costs.
Because all U.S. transport-aircraft category manufacturers have more
than 1,500 employees, none are considered small entities.
    STC holders include manufacturers and operators of part 25
airplanes, some of which are small-entities. Since the DAH requirements
do not preclude them from seeking reasonable compensation from the
operators for the proposal's required DT data and documents, small-
entities STC holders, with less than 1,500 employees, should be able to
recoup their costs.
    Therefore, as the Acting FAA Administrator, I certify that this
rule will not have a significant economic impact on a substantial
number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and determined that it will impose
the same costs on domestic and international entities and thus has a
neutral trade impact.

Unfunded Mandate Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $128.1 million in lieu of $100 million.
    This final rule does not contain such a mandate. The requirements
of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. We determined that this action 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,
and, therefore, will not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under Executive Order 12866, and it is
not

likely to have a significant adverse effect on the supply,
distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov
);

    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/
; or

    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.

    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.

List of Subjects

14 CFR Part 26

    Aircraft, Aviation safety, Continued airworthiness.

14 CFR Parts 121, 129

    Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Continued airworthiness.

V. The Amendments

0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations parts 26,
121, and 129 as follows:

PART 26--CONTINUED AIRWORTHINESS AND SAFETY IMPROVEMENTS FOR
TRANSPORT CATEGORY AIRPLANES

0
1. The authority citation for part 26 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.

0
2. Revise Sec.  26.5 to read as follows:

Sec.  26.5  Applicability table.

    Table 1 of this section provides an overview of the applicability
of this part. It provides guidance in identifying what sections apply
to various types of entities. The specific applicability of each
subpart and section is specified in the regulatory text.

                                    TABLE 1.--Applicability of Part 26 Rules
----------------------------------------------------------------------------------------------------------------
                                                                   Applicable sections
                                       -------------------------------------------------------------------------
                                               Subpart B (EAPAS/FTS)           Subpart E damage tolerance data
----------------------------------------------------------------------------------------------------------------
Effective Date of Rule................  December 10, 2007..................  January 11, 2008
Existing \1\ TC Holders...............  26.11..............................  26.43, 26.45, 26.49
Pending \1\ TC Applicants.............  26.11..............................  26.43, 26.45
Existing \1\ STC Holders..............  N/A................................  26.47, 26.49
Pending \1\ STC/ATC Applicants........  26.11..............................  26.45, 26.47, 26.49
Future\2\ STC/ATC Applicants..........  26.11..............................  26.45, 26.47, 26.49
Manufacturers.........................  N/A................................  N/A
Persons seeking design approval of      N/A................................  N/A
 repairs.
----------------------------------------------------------------------------------------------------------------
\1\ As of the effective date of the identified rule.
\2\ Application made after the effective date of the identified rule.

0
3. Amend part 26 to add subparts C, D, and E to read as follows:
Subpart C--[Reserved]
Subpart D--[Reserved]
Subpart E--Aging Airplane Safety--Damage Tolerance Data for Repairs and
Alterations
Sec.
Sec.  26.41 Definitions.
Sec.  26.43 Holders of and applicants for type certificates--
Repairs.
Sec.  26.45 Holders of type certificates--Alterations and repairs to
alterations.
Sec.  26.47 Holders of and applicants for a supplemental type
certificate--Alterations and repairs to alterations.
Sec.  26.49 Compliance plan.

Subpart C--[Reserved]

Subpart D--[Reserved]

Subpart E--Aging Airplane Safety--Damage Tolerance Data for Repairs
and Alterations

Sec.  26.41  Definitions.

    Affects (or Affected) means structure has been physically repaired,
altered, or modified, or the structural loads acting on the structure
have been increased or redistributed.
    Baseline structure means structure that is designed under the
original type certificate or amended type certificate for that airplane
model.
    Damage Tolerance Evaluation (DTE) means a process that leads to a
determination of maintenance actions necessary to detect or preclude
fatigue cracking that could contribute to a catastrophic failure. As
applied to repairs and alterations, a DTE includes the evaluation both
of the repair or alteration and of the fatigue critical structure
affected by the repair or alteration.
    Damage Tolerance Inspection (DTI) means the inspection developed as
a result of a DTE. A DTI includes the areas to be inspected, the
inspection method, the inspection procedures, including acceptance and
rejection criteria, the threshold, and any repeat

intervals associated with those inspections. The DTI may specify a time
limit when a repair or alteration needs to be replaced or modified. If
the DTE concludes that DT-based supplemental structural inspections are
not necessary, the DTI contains a statement to that effect.
    DT data mean DTE documentation and the DTI.
    DTE documentation means data that identify the evaluated fatigue
critical structure, the basic assumptions applied in a DTE, and the
results of a DTE.
    Fatigue critical structure means airplane structure that is
susceptible to fatigue cracking that could contribute to a catastrophic
failure, as determined in accordance with Sec.  25.571 of this chapter.
Fatigue critical structure includes structure, which, if repaired or
altered, could be susceptible to fatigue cracking and contribute to a
catastrophic failure. Such structure may be part of the baseline
structure or part of an alteration.
    Implementation schedule consists of documentation that establishes
the timing for accomplishing the necessary actions for developing DT
data for repairs and alterations, and for incorporating those data into
an operator's continuing airworthiness maintenance program. The
documentation must identify times when actions must be taken as
specific numbers of airplane flight hours, flight cycles, or both.
    Published repair data mean instructions for accomplishing repairs,
which are published for general use in structural repair manuals and
service bulletins (or equivalent types of documents).

Sec.  26.43  Holders of and applicants for type certificates--Repairs.

    (a) Applicability. Except as specified in paragraph (g) of this
section, this section applies to transport category, turbine powered
airplane models with a type certificate issued after January 1, 1958,
that as a result of original type certification or later increase in
capacity have--
    (1) A maximum type certificated passenger seating capacity of 30 or
more; or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) List of fatigue critical baseline structure. For airplanes
specified in paragraph (a) of this section, the holder of or applicant
for a type certificate must--
    (1) Identify fatigue critical baseline structure for all airplane
model variations and derivatives approved under the type certificate;
and
    (2) Develop and submit to the FAA Oversight Office for review and
approval, a list of the structure identified under paragraph (b)(1) of
this section and, upon approval, make the list available to persons
required to comply with Sec.  26.47 and Sec. Sec.  121.1109 and 129.109
of this chapter.
    (c) Existing and future published repair data. For repair data
published by a holder of a type certificate that is current as of
January 11, 2008 and for all later published repair data, the holder of
a type certificate must--
    (1) Review the repair data and identify each repair specified in
the data that affects fatigue critical baseline structure identified
under paragraph (b)(1) of this section;
    (2) Perform a DTE and develop the DTI for each repair identified
under paragraph (c)(1) of this section, unless previously accomplished;
    (3) Submit the DT data to the FAA Oversight Office or its properly
authorized designees for review and approval; and
    (4) Upon approval, make the DTI available to persons required to
comply with Sec. Sec.  121.1109 and 129.109 of this chapter.
    (d) Future repair data not published. For repair data developed by
a holder of a type certificate that are approved after January 11, 2008
and are not published, the type certificate holder must accomplish the
following for repairs specified in the repair data that affect fatigue
critical baseline structure:
    (1) Perform a DTE and develop the DTI.
    (2) Submit the DT data required in paragraph (d)(1) of this section
for review and approval by the FAA Oversight Office or its properly
authorized designees.
    (3) Upon approval, make the approved DTI available to persons
required to comply with Sec. Sec.  121.1109 and 129.109 of this
chapter.
    (e) Repair Evaluation Guidelines. The holder of a type certificate
for each airplane model subject to this section must--
    (1) Develop repair evaluation guidelines for operators' use that
include--
    (i) A process for conducting surveys of affected airplanes that
will enable identification and documentation of all existing repairs
that affect fatigue critical baseline structure identified under
paragraph (b)(1) of this section and Sec.  26.45(b)(2);
    (ii) A process that will enable operators to obtain the DTI for
repairs identified under paragraph (e)(1)(i) of this section; and
    (iii) An implementation schedule for repairs covered by the repair
evaluation guidelines. The implementation schedule must identify times
when actions must be taken as specific numbers of airplane flight
hours, flight cycles, or both.
    (2) Submit the repair evaluation guidelines to the FAA Oversight
Office for review and approval.
    (3) Upon approval, make the guidelines available to persons
required to comply with Sec. Sec.  121.1109 and 129.109 of this
chapter.
    (4) If the guidelines direct the operator to obtain assistance from
the holder of a type certificate, make such assistance available in
accordance with the implementation schedule.
    (f) Compliance times. Holders of type certificates must submit the
following to the FAA Oversight Office or its properly authorized
designees for review and approval by the specified compliance time:
    (1) The identified list of fatigue critical baseline structure
required by paragraph (b)(2) of this section must be submitted no later
than 180 days after January 11, 2008 or before issuance of the type
certificate, whichever occurs later.
    (2) For published repair data that are current as of January 11,
2008, the DT data required by paragraph (c)(3) of this section must be
submitted by June 30, 2009.
    (3) For repair data published after January 11, 2008, the DT data
required by paragraph (c)(3) of this section must be submitted before
FAA approval of the repair data.
    (4) For unpublished repair data developed after January 11, 2008,
the DT data required by paragraph (d)(1) of this section must be
submitted within 12 months of the airplane's return to service or in
accordance with a schedule approved by the FAA Oversight Office.
    (5) The repair evaluation guidelines required by paragraph (e)(1)
of this section must be submitted by December 30, 2009.
    (g) Exceptions. The requirements of this section do not apply to
the following transport category airplane models:
    (1) Convair CV-240, 340, 440, if modified to include turbine
engines.
    (2) Vickers Armstrong Viscount, TCDS No. A-814.
    (3) Douglas DC-3, if modified to include turbine engines, TCDS No.
A-618.
    (4) Bombardier CL-44, TCDS No. 1A20.
    (5) Mitsubishi YS-11, TCDS No. A1PC.
    (6) British Aerospace BAC 1-11, TCDS No. A5EU.

    (7) Concorde, TCDS No. A45EU.
    (8) deHavilland D.H. 106 Comet 4C, TCDS No. 7A10.
    (9) deHavilland DHC-7, TCDS No. A20EA.
    (10) VFW-Vereinigte Flugtechnische Werk VFW-614, TCDS No. A39EU.
    (11) Illyushin Aviation IL 96T, TCDS No. A54NM.
    (12) Bristol Aircraft Britannia 305, TCDS No. 7A2.
    (13) Handley Page Herald Type 300, TCDS No. A21N.
    (14) Avions Marcel Dassault--Breguet Aviation Mercure 100C, TCDS
No. A40EU.
    (15) Airbus Caravelle, TCDS No. 7A6.
    (16) Lockheed L-300, TCDS No. A2S0.
    (17) Boeing 707-100/-200, TCDS No. 4A21.
    (18) Boeing 707-300/-400, TCDS No. 4A26.
    (19) Boeing 720, TCDS No. 4A28.

Sec.  26.45  Holders of type certificates--Alterations and repairs to
alterations.

    (a) Applicability. This section applies to transport category
airplanes subject to Sec.  26.43.
    (b) Fatigue critical alteration structure. For existing and future
alteration data developed by the holder of a type certificate, the
holder must--
    (1) Review existing alteration data and identify all alterations
that affect fatigue critical baseline structure identified under Sec.
26.43(b)(1);
    (2) For each alteration identified under paragraph (b)(1) of this
section, identify any fatigue critical alteration structure;
    (3) Develop and submit to the FAA Oversight Office for review and
approval a list of the structure identified under paragraph (b)(2) of
this section; and
    (4) Upon approval, make the list required in paragraph (b)(3) of
this section available to persons required to comply with Sec. Sec.
121.1109 and 129.109 of this chapter.
    (c) DT Data. For existing and future alteration data developed by
the holder of a type certificate that affect fatigue critical baseline
structure identified under Sec.  26.43(b)(1), unless previously
accomplished, the holder must--
    (1) Perform a DTE and develop the DTI for the alteration and
fatigue critical baseline structure that is affected by the alteration;
    (2) Submit the DT data developed in accordance with paragraphs
(c)(1) of this section to the FAA Oversight Office or its properly
authorized designees for review and approval; and
    (3) Upon approval, make the DTI available to persons required to
comply with Sec. Sec.  121.1109 and 129.109 of this chapter.
    (d) DT Data for Repairs Made to Alterations. For existing and
future repair data developed by a holder of a type certificate, the
type certificate holder must--
    (1) Review the repair data, and identify each repair that affects
any fatigue critical alteration structure identified under paragraph
(b)(2) of this section;
    (2) For each repair identified under paragraph (d)(1) of this
section, unless previously accomplished, perform a DTE and develop DTI;
    (3) Submit the DT data developed in accordance with paragraph
(d)(2) of this section to the FAA Oversight Office or its properly
authorized designees for review and approval; and
    (4) Upon approval, make the DTI available to persons required to
comply with Sec. Sec.  121.1109 and 129.109 of this chapter.
    (e) Compliance times. Holders of type certificates must submit the
following to the FAA Oversight Office or its properly authorized
designees for review and approval by the specified compliance time:
    (1) The list of fatigue critical alteration structure identified
under paragraph (b)(3) of this section must be submitted no later than
360 days after January 11, 2008.
    (2) For alteration data developed and approved before January 11,
2008, the DT data required by paragraph (c)(2) of this section must be
submitted by June 30, 2009.
    (3) For alteration data approved on or after January 11, 2008, DT
data required by paragraph (c)(2) of this section must be submitted
before initial approval of the alteration data.
    (4) For repair data developed and approved before January 11, 2008,
the DT data required by paragraph (d)(2) of this section must be
submitted by June 30, 2009.
    (5) For repair data developed and approved after January 11, 2008,
the DT data required by paragraph (d)(2) of this section must be
submitted within 12 months after initial approval of the repair data
and before making the DT data available to persons required to comply
with Sec. Sec.  121.1109 and 129.109 of this chapter.

Sec.  26.47  Holders of and applicants for a supplemental type
certificate--Alterations and repairs to alterations.

    (a) Applicability. This section applies to transport category
airplanes subject to Sec.  26.43.
    (b) Fatigue critical alteration structure. For existing structural
alteration data approved under a supplemental certificate, the holder
of the supplemental certificate must--
    (1) Review the alteration data and identify all alterations that
affect fatigue critical baseline structure identified under Sec.
26.43(b)(1);
    (2) For each alteration identified under paragraph (b)(1) of this
section, identify any fatigue critical alteration structure;
    (3) Develop and submit to the FAA Oversight Office for review and
approval a list of the structure identified under paragraph (b)(2) of
this section; and
    (4) Upon approval, make the list required in paragraph (b)(3) of
this section available to persons required to comply with Sec. Sec.
121.1109 and 129.109 of this chapter.
    (c) DT Data. For existing and future alteration data developed by
the holder of a supplemental type certificate that affect fatigue
critical baseline structure identified under Sec.  26.43(b)(1), unless
previously accomplished, the holder of a supplemental type certificate
must--
    (1) Perform a DTE and develop the DTI for the alteration and
fatigue critical baseline structure that is affected by the alteration;
    (2) Submit the DT data developed in accordance with paragraphs
(c)(1) of this section to the FAA Oversight Office or its properly
authorized designees for review and approval; and
    (3) Upon approval, make the DTI available to persons required to
comply with Sec. Sec.  121.1109 and 129.109 of this chapter.
    (d) DT Data for Repairs Made to Alterations. For existing and
future repair data developed by the holder of a supplemental holder of
a supplemental type certificate, the holder of a supplemental type
certificate must--
    (1) Review the repair data, and identify each repair that affects
any fatigue critical alteration structure identified under paragraph
(b)(2) of this section;
    (2) For each repair identified under paragraph (d)(1) of this
section, unless previously accomplished, perform a DTE and develop DTI;
    (3) Submit the DT data developed in accordance with paragraph
(d)(2) of this section to the FAA Oversight Office or its properly
authorized designees for review and approval; and
    (4) Upon approval, make the DTI available to persons required to
comply with Sec. Sec.  121.1109 and 129.109 of this chapter.
    (e) Compliance times. Holders of supplemental type certificates
must submit the following to the FAA

Oversight Office or its properly authorized designees for review and
approval by the specified compliance time:
    (1) The list of fatigue critical alteration structure required by
paragraph (b)(3) of this section must be submitted no later than 360
days after January 11, 2008.
    (2) For alteration data developed and approved before January 11,
2008, the DT data required by paragraph (c)(2) of this section must be
submitted by June 30, 2009.
    (3) For alteration data developed after January 11, 2008, the DT
data required by paragraph (c)(2) of this section must be submitted
before approval of the alteration data and making it available to
persons required to comply with Sec. Sec.  121.1109 and 129.109 of this
chapter.
    (4) For repair data developed and approved before January 11, 2008,
the DT data required by paragraph (d)(2) of this section must be
submitted by June 30, 2009.
    (5) For repair data developed and approved after January 11, 2008,
the DT data required by paragraph (d)(2) of this section, must be
submitted within 12 months after initial approval of the repair data
and before making the DT data available to persons required to comply
with Sec. Sec.  121.1109 and 129.109 of this chapter.

Sec.  26.49  Compliance plan.

    (a) Compliance plan. Except for applicants for type certificates
and supplemental type certificates whose applications are submitted
after January 11, 2008, each person identified in Sec. Sec.  26.43,
26.45, and 26.47, must submit a compliance plan consisting of the
following:
    (1) A project schedule identifying all major milestones for meeting
the compliance times specified in Sec. Sec.  26.43(f), 26.45(e), and
26.47(e), as applicable.
    (2) A proposed means of compliance with Sec. Sec.  26.43, 26.45,
and 26.47, as applicable.
    (3) A plan for submitting a draft of all compliance items required
by this subpart for review by the FAA Oversight Office not less than 60
days before the applicable compliance date.
    (b) Compliance dates for compliance plans. The following persons
must submit the compliance plan described in paragraph (a) of this
section to the FAA Oversight Office for approval on the following
schedule:
    (1) For holders of type certificates, no later than 90 days after
January 11, 2008.
    (2) For holders of supplemental type certificates no later than 180
days after January 11, 2008.
    (3) For applicants for changes to type certificates whose
application are submitted before January 11, 2008, no later than 180
days after January 11, 2008.
    (c) Compliance Plan Implementation. Each affected person must
implement the compliance plan as approved in compliance with paragraph
(a) of this section.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
4. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.

0
5. Amend Sec.  121.1109 to revise paragraph (c) to read as follows:

Sec.  121.1109  Supplemental inspections.

* * * * *
    (c) General requirements. After December 20, 2010, a certificate
holder may not operate an airplane under this part unless the following
requirements have been met:
    (1) Baseline Structure. The certificate holder's maintenance
program for the airplane includes FAA-approved damage-tolerance-based
inspections and procedures for airplane structure susceptible to
fatigue cracking that could contribute to a catastrophic failure. For
the purpose of this section, this structure is termed ``fatigue
critical structure.''
    (2) Adverse effects of repairs, alterations, and modifications. The
maintenance program for the airplane includes a means for addressing
the adverse effects repairs, alterations, and modifications may have on
fatigue critical structure and on inspections required by paragraph
(c)(1) of this section. The means for addressing these adverse effects
must be approved by the FAA Oversight Office.
    (3) Changes to maintenance program. The changes made to the
maintenance program required by paragraphs (c)(1) and (c)(2) of this
section, and any later revisions to these changes, must be submitted to
the Principal Maintenance Inspector for review and approval.

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

0
6. The authority citation for part 129 continues to read as follows:

    Authority: 49 U.S.C. 1372, 49113, 440119, 44101, 44701-44702,
447-5, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906,
44912, 44105., Pub. L. 107-71 sec. 104.

0
7. Amend 129.109 by revising paragraph (b) to read as follows:

Sec.  129.109  Supplemental inspections for U.S.-registered aircraft.

* * * * *
    (b) General requirements. After December 20, 2010, a certificate
holder may not operate an airplane under this part unless the following
requirements have been met:
    (1) Baseline Structure. The certificate holder's maintenance
program for the airplane includes FAA-approved damage-tolerance-based
inspections and procedures for airplane structure susceptible to
fatigue cracking that could contribute to a catastrophic failure. For
the purpose of this section, this structure is termed ``fatigue
critical structure.''
    (2) Adverse effects of repairs, alterations, and modifications. The
maintenance program for the airplane includes a means for addressing
the adverse effects repairs, alterations, and modifications may have on
fatigue critical structure and on inspections required by paragraph
(b)(1) of this section. The means for addressing these adverse effects
must be approved by the FAA Oversight Office.
    (3) Changes to maintenance program. The changes made to the
maintenance program required by paragraph (b)(1) and (b)(2) of this
section, and any later revisions to these changes, must be submitted to
the Principal Maintenance Inspector for review and approval.

Robert A. Sturgell,
Acting Administrator.
[FR Doc. 07-6016 Filed 12-7-07; 12:04 pm]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Page 55197]
[FR Doc No: 2018-23921]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4400-DR]; [Docket ID FEMA-2018-0001]

Georgia; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Georgia (FEMA-4400-DR), dated October 14, 2018, and
related determinations.

DATES: This amendment was issued October 16, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Georgia is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of October 14, 2018.

    Crisp, Grady, Lee, Mitchell, Terrell, Thomas, and Worth Counties
for Individual Assistance (already designated for debris removal and
emergency protective measures [Categories A and B], including direct
federal assistance under the Public Assistance program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-23921 Filed 11-1-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Rules and Regulations]
[Pages 40089-40092]
[FR Doc No: 2020-14313]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0236; Airspace Docket No. 18-AEA-16]
RIN 2120-AA66

Establishment and Amendment of Area Navigation Routes, Northeast
Corridor Atlantic Coast Routes; Eastern United States.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes seven new high altitude area
navigation (RNAV) routes (Q-routes), and modifies one existing Q-route,
in support of the Northeast Corridor Atlantic Coast Route (NEC ACR)
Project. This action improves the efficiency of the National Airspace
System (NAS) by expanding the availability of RNAV routing and reducing
the dependency on ground-based navigational systems.

DATES: Effective date 0901 UTC, September 10, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA, Order 7400.11 and publication of conforming
amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11D at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it supports the air traffic service route structure in the
eastern United States to maintain the efficient flow of air traffic.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2020-0236 in the Federal Register (85 FR 16572; March 24, 2020) to
establish 19 new Q-routes, and amend 13 existing Q-routes, in the
northeastern United States to support the Northeast Corridor Atlantic
Coast Route project. The NPRM proposed to designate the following new
routes: Q-101, Q-107, Q-111, Q-115, Q-117, Q-119, Q-127, Q-129, Q-131,
Q-133, Q-167, Q-220, Q-419, Q-430, Q-437, Q-439, Q-445, Q-450, and Q-
481. In addition, the NPRM proposed amendments to the following
existing routes: Q-22, Q-54, Q-60, Q-64, Q-85, Q-87, Q-97, Q-99, Q-109,
Q-113, Q-135, Q-409, and Q-480. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.

Differences From the NPRM

    As the NPRM was published, the United States was undergoing the
effects of the world-wide COVID-19 pandemic. The restrictions imposed
to confront the pandemic impacted the ability of air traffic control
facilities to conduct the required air traffic controller training to
implement these routes, including required classroom and simulator
training. The FAA determined that training to implement all 32 routes
addressed in the NPRM could not be accomplished in the near-term.
    As a result, the FAA is limiting the scope of this rule to
establishing the following seven Q-routes: Q-119, Q-127, Q-129, Q-220,
Q-430, Q-439, and Q-450; and amending the existing route: Q-480. The
descriptions of these routes are the same as proposed in the NPRM. The
remaining routes contained in the NPRM are removed from this rule and
will be addressed by separate rulemaking action at a later date.
    Area navigation routes are published in paragraph 2006, of FAA
Order 7400.11D dated August 8, 2019, and effective September 15, 2019,
which is incorporated by reference in 14 CFR 71.1. The area navigation
routes listed in this document will be subsequently published in the
Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR)
part 71 by establishing seven new Q-routes, and amending one existing
Q-route, in the eastern United States to support the Northeast Corridor
Atlantic Coast Route project. The new routes are designated: Q-119, Q-
127, Q-129, Q-220, Q-430, Q-439, and Q-450. In addition, amendments are
made to the description of Q-480.
    The new Q-routes are described as follows:
    Q-119: Q-119 extends between the SCOOB, VA, WP, and the
Westminster, MD (EMI), VORTAC.
    Q-127: Q-127 extends between the Gordonsville, VA (GVE), VORTAC,
and the Smyrna, DE (ENO), VORTAC.

    Q-129: Q-129 extends between the GARIC, NC, WP, and the PYTON, MD,
WP.
    Q-220: Q-220 extends between the RIFLE, NY, Fix, and the LARIE, MA,
WP.
    Q-430: Q-430 extends between the ZANDER, OH, Fix, and the
Nantucket, MA (ACK), VOR/DME.
    Q-439: Q-439 extends between the BRIGS, NJ, Fix, and the Presque
Isle, ME (PQI), VOR/DME.
    Q-450: Q-450 extends between the HNNAH, NJ, Fix, and the Deer Park,
NY (DPK), VOR/DME.
    The amended Q route is described as follows:
    Q-480: Q-480 extends between the ZANDR, OH, Fix, and the Kennebunk,
ME, VORTAC. The route is amended by inserting the KYLOH, NH, WP and the
BEEKN, ME, WPs between the Barnes, MA (BAF), VORTAC, and the Kennebunk,
ME (ENE), VOR/DME. Otherwise, Q-480 remains as currently charted.
    Full route descriptions of the proposed new and amended routes are
listed in ``The Amendment'' section of this rule.
    The new and amended routes expand the availability of high altitude
RNAV routing along the eastern seaboard of the U.S. The project is
designed to increase airspace capacity and reduce complexity in high
volume areas through the use of optimized routes through congested
airspace.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of establishing seven high
altitude RNAV routes (Q routes), and amending one Q route qualifies for
a categorical exclusion under the National Environmental Policy Act and
its implementing regulations at 40 CFR part 1500, and in accordance
with FAA Order 1050.1F--Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to cause any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, this action has been reviewed for factors
and circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis, and
it is determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019 and
effective September 15, 2019, is amended as follows:

Paragraph 2006 United States Area Navigation Routes

                                                  * * * * * * *
Q-119 SCOOB, VA to Westminster, MD (EMI) [New]
SCOOB, VA               WP                     (Lat. 37[deg]35'32.00'' N, long. 076[deg]37'49.00'' W)
GROKK, VA               WP                     (Lat. 37[deg]52'22.88'' N, long. 076[deg]40'49.87'' W)
RYVRR, VA               WP                     (Lat. 38[deg]02'17.54'' N, long. 076[deg]42'36.92'' W)
SHTGN, MD               WP                     (Lat. 38[deg]14'45.29'' N, long. 076[deg]44'52.23'' W)
DUALY, MD               WP                     (Lat. 38[deg]45'53.59'' N, long. 076[deg]50'33.76'' W)
HALEX, MD               WP                     (Lat. 38[deg]53'49.13'' N, long. 076[deg]52'01.49'' W)
Westminster, MD (EMI)   VORTAC                 (Lat. 39[deg]29'42.03'' N, long. 076[deg]58'42.86'' W)

                                                  * * * * * * *
Q-127 Gordonsville, VA (GVE) to Smyrna, DE (ENO) [New]
Gordonsville, VA (GVE)  VORTAC                 (Lat. 38[deg]00'48.96'' N, long. 078[deg]09'10.89'' W)
BUKYY, MD               WP                     (Lat. 38[deg]42'20.00'' N, long. 076[deg]44'42.63'' W)
BAILZ, MD               WP                     (Lat. 38[deg]44'54.47'' N, long. 076[deg]38'48.17'' W)
GRACO, MD               FIX                    (Lat. 38[deg]56'29.81'' N, long. 076[deg]11'59.22'' W)
Smyrna, DE (ENO)        VORTAC                 (Lat. 39[deg]13'53.93'' N, long. 075[deg]30'57.49'' W)

                                                  * * * * * * *
Q-129 GARIC, NC to PYTON, MD [New]
GARIC, NC               WP                     (Lat. 33[deg]52'34.84'' N, long. 077[deg]58'53.66'' W)
YERBA, NC               WP                     (Lat. 35[deg]19'00.83'' N, long. 077[deg]55'44.62'' W)

AARNN, NC               WP                     (Lat. 36[deg]22'43.59'' N, long. 078[deg]01'04.05'' W)
THEOO, VA               WP                     (Lat. 37[deg]35'34.68'' N, long. 078[deg]07'20.23'' W)
PYTON, MD               WP                     (Lat. 39[deg]42'38.01'' N, long. 078[deg]18'10.19'' W)

                                                  * * * * * * *
Q-220 RIFLE, NY to LARIE, MA [New]
RIFLE, NY               FIX                    (Lat. 40[deg]41'24.18'' N, long. 072[deg]34'54.89'' W)
HOFFI, NY               FIX                    (Lat. 40[deg]48'03.46'' N, long. 072[deg]27'41.97'' W)
ORCHA, NY               WP                     (Lat. 40[deg]54'55.46'' N, long. 072[deg]18'43.64'' W)
ALBOW, NY               WP                     (Lat. 41[deg]02'04.04'' N, long. 071[deg]58'30.69'' W)
Sandy Point, RI (SEY)   VOR/DME                (Lat. 41[deg]10'02.77'' N, long. 071[deg]34'33.91'' W)
SKOWL, RI               WP                     (Lat. 41[deg]15'47.18'' N, long. 071[deg]16'44.35'' W)
JAWZZ, MA               WP                     (Lat. 41[deg]24'08.08'' N, long. 070[deg]50'33.25'' W)
LARIE, MA               WP                     (Lat. 41[deg]49'23.46'' N, long. 069[deg]58'41.96'' W)

                                                  * * * * * * *
Q-430 ZANDER, OH to Nantucket, MA (ACK) [New]
ZANDER, OH              FIX                    (Lat. 40[deg]00'18.75'' N, long. 081[deg]31'58.35'' W)
Bellaire, OH (AIR)      VOR/DME                (Lat. 40[deg]01'01.29'' N, long. 080[deg]49'02.02'' W)
LEJOY, PA               FIX                    (Lat. 40[deg]00'12.22'' N, long. 079[deg]24'53.61'' W)
VINSE, PA               FIX                    (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
BEETS, PA               FIX                    (Lat. 39[deg]57'20.57'' N, long. 077[deg]26'59.55'' W)
LARRI, PA               FIX                    (Lat. 39[deg]57'02.33'' N, long. 077[deg]17'54.14'' W)
SAAME, PA               FIX                    (Lat. 40[deg]01'51.82'' N, long. 076[deg]29'02.39'' W)
BYRDD, PA               FIX                    (Lat. 40[deg]05'31.93'' N, long. 075[deg]49'07.29'' W)
COPES, PA               FIX                    (Lat. 40[deg]07'50.57'' N, long. 075[deg]22'36.37'' W)
Robbinsville, NJ (RBV)  VORTAC                 (Lat. 40[deg]12'08.65'' N, long. 074[deg]29'42.09'' W)
MYRCA, NJ               WP                     (Lat. 40[deg]20'42.97'' N, long. 073[deg]56'58.07'' W)
CREEL, NY               FIX                    (Lat. 40[deg]26'50.51'' N, long. 073[deg]33'10.68'' W)
RIFLE, NY               FIX                    (Lat. 40[deg]41'24.18'' N, long. 072[deg]34'54.89'' W)
KYSKY, NY               FIX                    (Lat. 40[deg]46'52.75'' N, long. 072[deg]12'21.45'' W)
LIBBE, NY               FIX                    (Lat. 41[deg]00'15.86'' N, long. 071[deg]21'20.34'' W)
FLAPE, MA               FIX                    (Lat. 41[deg]03'56.30'' N, long. 071[deg]04'10.55'' W)
DEEPO, MA               FIX                    (Lat. 41[deg]06'53.96'' N, long. 070[deg]50'09.85'' W)
Nantucket, MA (ACK)     VOR/DME                (Lat. 41[deg]16'54.79'' N, long. 070[deg]01'36.16'' W)

                                                  * * * * * * *
Q-439 BRIGS, NJ to Presque Isle, ME (PQI) [New]
BRIGS, NJ               FIX                    (Lat. 39[deg]31'24.72'' N, long. 074[deg]08'19.67'' W)
DRIFT, NJ               FIX                    (Lat. 39[deg]48'53.56'' N, long. 073[deg]40'49.53'' W)
MANTA, NJ               FIX                    (Lat. 39[deg]54'07.01'' N, long. 073[deg]32'31.63'' W)
PLUME, NJ               FIX                    (Lat. 40[deg]07'06.67'' N, long. 073[deg]17'08.03'' W)
SHERL, NY               FIX                    (Lat. 40[deg]15'20.55'' N, long. 073[deg]07'18.26'' W)
DUNEE, NY               FIX                    (Lat. 40[deg]19'24.38'' N, long. 073[deg]02'26.06'' W)
SARDI, NY               FIX                    (Lat. 40[deg]31'26.61'' N, long. 072[deg]47'55.87'' W)
RIFLE, NY               FIX                    (Lat. 40[deg]41'24.18'' N, long. 072[deg]34'54.89'' W)
FOXWD, CT               WP                     (Lat. 41[deg]48'21.66'' N, long. 071[deg]48'07.03'' W)
BOGRT, MA               WP                     (Lat. 42[deg]13'56.08'' N, long. 071[deg]31'07.37'' W)
BLENO, NH               WP                     (Lat. 42[deg]54'55.00'' N, long. 071[deg]04'43.37'' W)
BEEKN, ME               WP                     (Lat. 43[deg]20'51.95'' N, long. 070[deg]44'50.28'' W)
FRIAR, ME               FIX                    (Lat. 44[deg]26'28.93'' N, long. 069[deg]53'04.38'' W)
Presque Isle, ME (PQI)  VOR/DME                (Lat. 46[deg]46'27.07'' N, long. 068[deg]05'40.37'' W)

                                                  * * * * * * *
Q-450 HNNAH, NJ to Deer Park, NY (DPK) [New]
HNNAH, NJ               FIX                    (Lat. 40[deg]28'12.73'' N, long. 074[deg]02'36.62'' W)
Kennedy, NY (JFK)       VOR/ME                 (Lat. 40[deg]37'58.40'' N, long. 073[deg]46'17.00'' W)
Deer Park, NY (DPK)     VOR/DME                (Lat. 40[deg]47'30.30'' N, long. 073[deg]18'13.17'' W)

                                                  * * * * * * *
Q-480 ZANDR, OH to Kennebunk, ME (ENE) [Amended]
ZANDR, OH               FIX                    (Lat. 40[deg]00'18.75'' N, long. 081[deg]31'58.35'' W)
Bellaire, OH (AIR)      VOR/DME                (Lat. 40[deg]01'01.29'' N, long. 080[deg]49'02.02'' W)
LEJOY, PA               FIX                    (Lat. 40[deg]00'12.22'' N, long. 079[deg]24'53.61'' W)
VINSE, PA               FIX                    (Lat. 39[deg]58'16.21'' N, long. 077[deg]57'21.20'' W)
BEETS, PA               FIX                    (Lat. 39[deg]57'20.57'' N, long. 077[deg]26'59.55'' W)

HOTEE, PA               WP                     (Lat. 40[deg]20'36.00'' N, long. 076[deg]29'37.00'' W)
MIKYG, PA               WP                     (Lat. 40[deg]36'06.00'' N, long. 075[deg]49'11.00'' W)
SPOTZ, PA               WP                     (Lat. 40[deg]45'55.00'' N, long. 075[deg]22'59.00'' W)
CANDR, NJ               FIX                    (Lat. 40[deg]58'15.55'' N, long. 074[deg]57'35.38'' W)
JEFFF, NJ               FIX                    (Lat. 41[deg]14'46.38'' N, long. 074[deg]27'43.29'' W)
Kingston, NY (IGN)      VOR/DME                (Lat. 41[deg]39'55.62'' N, long. 073[deg]49'20.01'' W)
LESWL, CT               WP                     (Lat. 41[deg]53'31.00'' N, long. 073[deg]19'20.00'' W)
Barnes, MA (BAF)        VORTAC                 (Lat. 42[deg]09'43.05'' N, long. 072[deg]42'58.32'' W)
KYLOH, NH               WP                     (Lat. 43[deg]03'53.11'' N, long. 071[deg]13'45.49'' W)
BEEKN, ME               WP                     (Lat. 43[deg]20'51.95'' N, long. 070[deg]44'50.28'' W)
Kennebunk, ME (ENE)     VOR/DME                (Lat. 43[deg]25'32.42'' N, long. 070[deg]36'48.69'' W)

                                                  * * * * * * *

    Issued in Washington, DC, on June 26, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-14313 Filed 7-2-20; 8:45 am]
BILLING CODE 4910-13-P


For other industrial sectors, we do not anticipate that emissions increases will result from equipment replacement activities that qualify as RMRR under today's rule. While some efficiency improvements may result, the overall effect of these improvements will not be to induce greater demand and greater emissions, as was shown by the modeling for utilities ( i. e., demand depends on independent factors). Indeed, without increased demand, efficiency improvements that lower emissions per unit of output would result in a decrease in emissions. A series of case studies were analyzed by an EPA contractor to estimate the overall impact of the final rule on 6 different industrial sectors ( automobile manufacturing, carbon black manufacturing, natural gas transmission, paper and pulp mills, petroleum refining and pharmaceutical manufacturing). These studies attempted to long at both the impact of the final changes to the NSR program that were published in December 31, 2002 and possible options under an ERP. The contractor's analysis of the December 31, 2002 final changes poses a number of problems. First, the option of obtaining a plant wide applicability limit ( PAL), being designated as a clean unit or initiating a pollution control project are all voluntary activities which no source select to do. Therefore, using them as a baseline to judge the effects of possible ERP would tend to understate the impact of an ERP both positively and negatively. Second, not all of the contractors conclusions on the applicability of these types of voluntary options are an accurate representation of EPA's understanding of their usefulness for particular industries. Third, there are nuances to some of these provisions that are not well understood by the contractor and that cause some of the conclusions related to them to be incorrect. It is also important to note that the case studies were performed prior to decisions on the exact form and content of the final rule. As a result the selection of process units for each of the industries also may not be an accurate depiction concerning how a particular industry's operations should be separated into process units. None of these characterizations should be taken as EPA's position on appropriate process units for a given industry. Information on that subject can be found in Section III. F of the preamble and in the final rule for selected industries. In addition, in costing out replacement activities in the different industries, the contractor made assumptions of which costs needed to be included and how multiple replacement activities should be grouped that may not be consistent with the final rule. These assumptions on the part of the contractor should not be interpreted as EPA's conclusions of how their rules should be applied to such replacement activities in these industries. Even with these caveats, the case studies provide useful insight into the potential effects of the final ERP. The six industries are significant sources of air pollution emissions and are very diverse in terms of their types of operations, their existing maintenance, repair and replacement strategies, and the range of potential replacement costs at some of their process units. This diversity is important because the final rule will impact a great many industrial sectors and individual process units which are extremely varied in terms of their maintenance, repair and replacement strategies. For example, issues related to safety, reliability and availability will vary greatly across these industries. A small hole developing in a pipe at a chemical plant that is used to transport highly toxic gas posing immediate concerns about the safety of workers and the local community that will lead to a much greater level of monitoring for such situations and much faster response when they occur. Similarly, the need to assure that the electricity and natural gas supply is reliable and available is critical to ensuring the safety of the public in the hottest and coldest times of the year. Strategies related to maintenance, repair and replacement at existing facilities are critical to ensure that electric utilities and natural gas transmission continue uninterrupted. The case studies conclude that equipment replacement activities vary widely within these industries for the process units selected. For example, for fluid catalytic cracking units ( FCCU) at petroleum refineries the estimated costs of replacement activities ranged from 9 to 32 percent of the replacement cost of the FCCU while for a power boiler at a paper and pulp mill replacement activities were estimated to range from 3 to 22 percent. These types of ranges show the need to differentiate as the final rule does between those projects that should automatically qualify under the ERP and those that should be subject to a case bycase determination. As discussed earlier for a number of reasons, 20 percent of the replacement cost was selected as the appropriate threshold for such differentiation. The data from the case studies clearly indicate that such a threshold is necessary and that 20 percent should function well as an appropriate threshold. The case studies also indicate that replacement activities in these industries should not lead to increased emissions at the sources. Assuming replacements with identical equipment with no change in operating levels at the facilities, emissions should remain the same. If you assume that the replacements are made with functionally equivalent equipment, the emissions will either remain the same or decrease if there is no change in operating levels. The decrease in emissions would result from efficiency improvements that reduce the amount of air pollution emitted per product produced in the process unit. Therefore, if operating levels do not change then total emissions will decrease with such functionally equivalent equipment replacements. The case studies looked at a wide range of projects and it can be concluded based on this analysis that replacement activities do not generally cause changes in operating levels at the process unit. Other factors like economic downturns or increased demand for the product of the process unit will cause operating levels to fluctuate. An exception to this conclusion is when the replacement activity increases the capacity of the process unit and makes it possible for the process unit to take in additional raw material and produce greater numbers of outputs. This can lead to significant increases in capacity at the source. It is for this reason that the basic design parameters were included in the final rule. They are a safeguard which ensure the process unit is not undergoing fundamental change that should be subject to a case by case determination under the RMRR exclusion. However, efficiency changes, even when they lead to increases in product output from the same raw material input will not lead to increases in emissions unless an independent factor like increased demand for the product also occurs. We strongly support efficiency improvements where they can occur with an appropriate safeguard like the basic design parameters. Finally, EPA has supported efforts to analyze empirically the effects of this rule ( Abt Associates 2003 add ICF citation). Even the experts involved in this analysis emphasize that empirical assessments of the costs, emissions, and other economic and environmental effects of this rule are extremely difficult to perform, particularly when generalizing beyond the sector facility involved. The analysis would have to simulate a great many decisions made by each plant involving routine maintenance under a variety of policy scenarios. There is simply no credible way to make these assessments for the entire economy or for an entire sector. Hence, with the exception of the electric utility industry model, we relied on a case study approach to gain insights as to how this rule affects particular industrial sectors. Our inability to model economy wide impacts however, does not mean we cannot characterize the effects of this rule. Even without the case studies, there is a great deal of research and experience that allows for some robust findings. Enhanced efficiency and less pollution in the short 1 By efficiency, we mean unit of input per unit of output, for example, amount of energy needed to produce a specific amount of output. Another example would be the amount of raw material to produce a specific amount of output. 2 A common example illustrates the point well. When one " tunes up" a car, the automobile gets more miles per gallon, is cleaner burning, and is cheaper to operate. 3 For example, energy efficiency is not a design parameter to determine functional equivalency for defining routine maintenance. Accordingly, a firm could adopt a more efficient " functionally equivalent" technology without fear of triggering NSR provisions. run. Holding every else constant, when a plant's efficiency increases, pollution must go down. This nation's growing experience with pollution prevention, efficiency enhancements, voluntary environmental programs, and Environmental Management Systems adoption all reinforce the notion that enhanced plant efficiency translates into less environmental pollution1. Further, there is an economic incentive to keep plant efficiency high. Proper maintenance and the resulting efficiency enhancements and pollution prevention reduce resource needs and therefore reduce costs. 2 By providing the policy environment certainty needed to plan and undertake efficiency investments ( economically efficient maintenance) this rule will achieve lower pollution. The rule will allow firms to take advantage of pollution prevention opportunities and new pollutionreducing technologies. As technology advances, plants will be able to adopt innovative solutions that enhance energy efficiency ( and reduce pollution). 3 Existing firms will be able to cost effectively comply with the pollution reduction requirements of EPA and state programs. We note that data regarding the emissions reductions that are achieved under other CAA programs further illustrate the relative limits of the major NSR program as a tool for achieving significant emissions reductions. For example, the title IV Acid Rain Program has reduced SO2 emissions from the electric utility industry by more than 7 million tpy and will ultimately result in reductions of approximately 10 million tpy. The Tier 2 motor vehicle emissions standards and gasoline sulfur control requirements will ultimately achieve NOx reductions of 2.8 million tpy. Standards for highway heavy duty vehicles and engines will reduce NOx emissions by 2.6 million tpy. Standards for non road diesel engines are anticipated to reduce NOx emissions by about 1.5 million tpy. The NOx " SIP call" will reduce NOx emissions by over 1 million tpy. Altogether, these and other similar programs achieve emissions reductions that far exceed those attributable to the major NSR program and dwarf any possible emissions consequences attributable to today's rule. While firms can operate existing plants efficiently, the rule preserves powerful incentives to adopt " leap frog" technologies and production processes that further reduce costs, increase efficiencies and reduce pollution. If better, cleaner, cost effective production technologies arrive; producers still have an incentive to invest in these clean technologies to replace older facilities.


E Mail FROM: Arthur_ G._ Fraas@ omb. eop. gov 06/ 24/ 2004 02: 02 PM To: Bill Wehrum/ DC/ USEPA/ US@ EPA cc: Keith_ B._ Belton@ omb. eop. gov, Elizabeth_ A._ Stolpe% Exchange@ oa. eop. gov, Paul_ R._ Noe@ omb. eop. gov Subject: Re: revised ERP Reconsideration Package This package has not been submitted for formal OMB review, has it?

As one comment, should we call this package " significant" under EO 12866, instead of " economically significant"?


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7725-7726]
[DOCID:fr11fe08-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC08-561-000; FERC Form 561]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension

February 1, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13), the
Federal Energy Regulatory Commission (Commission) is soliciting public
comment on the specific aspects of the information collection described
below.

DATES: Comments on the collection of information are due April 7, 2008.

ADDRESSES: An example of this information collection can be obtained
from the Commission's Documents & Filing Web site (http://www.ferc.gov/docs-filings/elibrary.asp
) or by contacting the Federal Energy

Regulatory Commission, Attn: Michael Miller, Office of the Executive
Director, ED-34, 888 First Street, NE., Washington, DC 20426. Comments
may be filed either in paper format or electronically. Those parties
filing electronically do not need to make a paper filing. For paper
filing, the original and 14 copies of such comments should be submitted
to the Secretary of the Commission, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 and refer to
Docket No. IC08-561-000.
    Documents filed electronically via the Internet must be prepared in
an acceptable filing format and in compliance with the Federal Energy
Regulatory Commission's submission guidelines. Complete filing
instructions and acceptable filing formats are available at (http://www.ferc.gov/help/submission-guide/electronic-media.asp
). To file the

document electronically, access the Commission's Web site and click on
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp
), and then follow the instructions for each screen. First

time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the eLibrary link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC Form 561 ``Annual Report of Interlocking
Positions'' (OMB No. 1902-0099) is used by the Commission to implement
the statutory provisions of section 305 of the Federal Power Act (FPA),
as amended by Title II, section 211 of the Public Utility Regulatory
Policies Act of 1978 (PURPA) (16 U.S.C. 825d). FPA section 305--
Officials Dealing in Securities--Interlocking Directorates requires the
annual reporting by public utility officers and directors of similar
types of positions they hold with financial institutions, insurance
companies, utility equipment and fuel providers, and with any of an
electric utility's twenty largest purchasers of electric energy.\1\ The
FPA mandates the information that must be filed, the required filers,
the requirement to make the information available to the public, and
the filing deadline. The Commission is not empowered to amend or waive
these statutory requirements. Requirements the Commission has the
authority to amend, such as filing format and method, can be found in
18 CFR part 46 and section 131.31.
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    \1\ Annual Report of a Utility's Twenty Largest Purchasers,
FERC-566, OMB No. 1902-0114, collects information from the twenty
largest purchasers.
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    Without this information collection, the Commission and the public
would not be able to inquire into and determine whether public or
private interests will be adversely affected by the holding of such
positions.
    Under the current OMB authorization, the Commission requires the
FERC Form 561 filings in hardcopy with an optional diskette containing
a spreadsheet of the interlocking directorate information. However, the
Commission has indicated under RM07-16-000,\2\ to allow for the
voluntary electronic submittal of many required filings, including the
FERC Form 561, by early 2008. Through eFiling 7.0, the form will be
filed in Adobe Acrobat with an optional electronic spreadsheet
attachment. Implementation of eFiling 7.0 will eliminate the current
burden of mailing and hand-delivering the filings in hardcopy.
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    \2\ Filing Via the Internet, RM07-16-000, 72 FR 65659 (2007),
FERC Stats. & Regs. ] 31,259.
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    Action: The Commission is requesting a three-year extension of the
current expiration date, and proposes to make the filing of the FERC
Form 561 more efficient during 2008 under RM07-16-000.
    Burden Statement: Public reporting burden for this collection is
estimated as:

------------------------------------------------------------------------
                                  Number of
                                  responses      Average    Total annual
Number of respondents annually       per      burden hours  burden hours
                                 respondent   per response
(1)                                     (2)           (3)   (1)x(2)x(3)
------------------------------------------------------------------------
1996..........................            1           .25           499
------------------------------------------------------------------------

    The estimated total cost to respondents is $21,516. [499 hours
divided by 2080 hours \3\ per year, times $126,384 \4\ equals $30,320].
The cost per respondent is $15 (rounded off).
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    \3\ Number of hours an employee works each year.
    \4\ Average annual salary per employee.

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    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, using technology and systems for the purposes of
collecting, validating, verifying, processing, maintaining, disclosing
and providing information; (3) adjusting the existing ways to comply
with any previously applicable filing instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The cost estimate for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) The accuracy of the agency's burden
estimate of the proposed information collection, including the validity
of the methodology and assumptions used to calculate the reporting
burden; (2) ways to enhance the quality, utility and clarity of the
information to be collected; and (3) the proposal to provide the option
to collect FERC Form 561 electronically by late 2007, as proposed under
RM07-16-000 and any reduction in burden that option might allow filers.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-2410 Filed 2-8-08; 8:45 am]

BILLING CODE 6717-01-P