[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Proposed Rules]
[Pages 50067-50076]
[FR Doc No: 2023-16189]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1645; Project Identifier MCAI-2022-01296-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-12-07, which applies to all Airbus SAS Model A318-111, -112, -121,
and -122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. AD 2019-12-07 requires replacement of both main
landing gear (MLG) shock absorbers, an identification of affected MLG
sliding tubes; inspection of affected chromium plates and sliding tube
axles for damage; and replacement of the sliding tube if necessary. AD
2019-12-07 also requires repetitive inspections of affected MLG sliding
tubes for cracking, replacement of cracked MLG sliding tubes, and
eventual replacement of each affected MLG sliding tube. Since the FAA
issued AD 2019-12-07, the FAA has determined that additional MLG
sliding tubes are affected by the unsafe condition and that the
repetitive inspection interval may be extended. This proposed AD would
continue to require the actions specified in AD 2019-12-07 and would
require repetitive inspections of additional MLG sliding tubes,
replacement if necessary, and eventual replacement of the additional
MLG sliding tubes. This proposed AD would also extend the repetitive
inspection interval. This proposed AD would also prohibit the
installation of affected parts under certain conditions. 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 September
15, 2023.

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 regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1645; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Airbus service information identified in this NPRM,
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email airbus.com">[email protected]airbus.com;
website airbus.com.
     For Safran and Messier-Dowty service information
identified in this NPRM, contact Safran Landing Systems, One Carbon
Way, Walton, KY 41094; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
website www.safran-landing-systems.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION:

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 ADDRESSES. Include ``Docket No. FAA-2023-1645; Project Identifier
MCAI-2022-01296-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives which
is not specifically designated as

CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2019-12-07, Amendment 39-19662 (84 FR 30579, June
27, 2019) (AD 2019-12-07), for all Airbus SAS Model A318-111, -112, -
121, and -122 airplanes; Model A319-111, -112, -113, -114, -115, -131,
-132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes. AD 2019-12-07 was prompted by an MCAI
originated by the European Union Aviation Safety Agency (EASA), which
is the Technical Agent for the Member States of the European Union.
EASA issued AD 2018-0135, dated June 26, 2018 (EASA AD 2018-0135), to
correct an unsafe condition.
    AD 2019-12-07 requires replacement of both MLG shock absorbers, an
identification of the part number and serial number of the MLG sliding
tubes, inspection of affected chromium plates and sliding tube axles
for damage, and replacement of the sliding tube if necessary. AD 2019-
12-07 also requires repetitive inspections of affected MLG sliding
tubes for cracking, replacement of cracked MLG sliding tubes, and
eventual replacement of each affected MLG sliding tube. The FAA issued
AD 2019-12-07 to address cracking in an MLG sliding tube, which could
lead to failure of an MLG sliding tube resulting in MLG collapse,
damage to the airplane, and injury to passengers.

Actions Since AD 2019-12-07 Was Issued

    Since the FAA issued AD 2019-12-07, EASA superseded EASA AD 2018-
0135 and issued EASA AD 2022-0204R1, dated February 15, 2023; corrected
February 17, 2023; (referred to after this as the MCAI) to correct an
unsafe condition on all Airbus SAS Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. Model A320-215 airplanes are not certificated by the
FAA and are not included on the U.S. type certificate data sheet; this
proposed AD therefore does not include those airplanes in the
applicability The MCAI states that since EASA AD 2018-0135 was issued,
two additional cases have been reported of cracking at the same
location of MLG sliding tubes not affected by the inspection
requirements and that service information was issued to include
additional actions for the newly affected MLG sliding tubes. In
addition, further investigation determined the repetitive inspection
interval may be extended from 5,000 flight cycles to 10,000 flight
cycles.
    The FAA has determined that additional MLG sliding tubes are
affected by the unsafe condition and that the repetitive inspection
interval may be extended. The FAA is proposing this AD to address
cracking in an MLG sliding tube, which could lead to failure of an MLG
sliding tube resulting in MLG collapse, damage to the airplane, and
injury to passengers.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1645.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Service Bulletin A320-32-1441, Revision 02,
dated August 23, 2022. This service information specifies procedures
for inspections of the MLG sliding tubes for cracking and corrective
actions (which includes replacing the MLG sliding tubes).
    The FAA also reviewed Safran Service Bulletin 200-32-321, Revision
4, dated November 3, 2021; and Safran Service Bulletin 201-32-68,
Revision 4, dated November 3, 2021. These documents specify the part
numbers and serial numbers of the affected MLG sliding tubes. These
documents are distinct since they apply to different airplane models.
    This proposed AD would also require the following service
information, which the Director of the Federal Register approved for
incorporation by reference as of August 1, 2019 (84 FR 30579, June 27,
2019).
     Airbus Service Bulletin A320-32-1441, Revision 01, dated
December 14, 2017.
     Messier-Dowty Service Bulletin 200-32-286, Revision 3,
dated October 3, 2008.
     Messier-Dowty Service Bulletin 201-32-43, Revision 3,
dated October 3, 2008.
     Safran Service Bulletin 200-32-321, Revision 2, dated
October 3, 2017.
     Safran Service Bulletin 201-32-68, Revision 2, dated
October 3, 2017.
    This proposed AD would also require Airbus Service Bulletin A320-
32-1416, including Appendix 01, dated March 10, 2014, which the
Director of the Federal Register approved for incorporation by
reference as of February 22, 2017 (82 FR 5362, January 18, 2017).
    This proposed AD would also require Airbus Service Bulletin A320-
32A1273, Revision 02, including Appendix 01, dated May 26, 2005, which
the Director of the Federal Register approved for incorporation by
reference as of June 29, 2007 (72 FR 29241, May 25, 2007).
    This proposed AD would also require Airbus All Operators Telex
A320-32A1273, Revision 01, dated May 6, 2004, which the Director of the
Federal Register approved for incorporation by reference as of June 23,
2004 (69 FR 31867, June 8, 2004).
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this NPRM
after determining that unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2019-
12-07, except the repetitive inspection interval is extended. This
proposed AD would also require repetitive inspections of additional MLG
sliding tubes, replacement if necessary, and eventual replacement of
the additional MLG sliding tubes. This proposed AD would also prohibit
the installation of affected parts under certain conditions.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,525 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                          Estimated Costs for Required Actions
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               Action                      Labor cost                Parts cost                 Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from paragraph (g)  8 work-hours x $85     Up to $45,310...............  Up to $45,990...............  Up to $13,659,030.*
 of AD 2019-12-07 (297 airplanes *).  per hour = $680.
Retained actions from paragraphs     18 work-hours x $85    $0..........................  $1,530......................  $2,333,250.
 (h) and (j) of AD 2019-12-07.        per hour = $1,530.
Retained actions from paragraphs     13 work-hours x $85    Up to $3,920................  Up to $5,025................  Up to $7,663,125.
 (o), (p), and (q) of AD 2019-12-07.  per hour = $1,105.
New proposed actions (in paragraphs  9 work-hours x $85     Up to $3,920................  Up to $4,685................  Up to $7,144,625.
 (o), (p), and (q) of this proposed   per hour = $765.
 AD).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Operators should note that, although all U.S.-registered airplanes are subject to the retained requirements of paragraph (g) of this proposed AD,
  there are only 297 possible affected MLG sliding tubes in the worldwide fleet. The FAA has no way of knowing how many affected MLG sliding tubes, if
  any, are installed in U.S.-registered airplanes.

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

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

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has 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) 2019-12-07, Amendment 39-19662
(84 FR 30579, June 27, 2019); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-1645; Project Identifier MCAI-2022-
01296-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 15, 2023.

(b) Affected ADs

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

(c) Applicability

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

(d) Subject

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

(e) Reason

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

(f) Compliance

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

(g) Retained Replacement, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2019-12-07, with no changes. Within 41 months after June 29, 2007
(the effective date of AD 2007-11-11, Amendment 39-15068 (72 FR
29241, May 25, 2007) (AD 2007-11-11)), replace all MLG shock
absorbers equipped with MLG sliding tubes having serial numbers
listed in Airbus All Operators Telex (AOT) A320-32A1273, Revision
01, dated May 6, 2004; or the Accomplishment Instructions of Airbus
Service Bulletin A320-32A1273, Revision 02, including Appendix 01,
dated May 26, 2005; with new or serviceable MLG shock absorbers
equipped with MLG sliding tubes having serial numbers not listed in
Airbus AOT A320-32A1273, Revision 01, dated May 6, 2004; or the
Accomplishment Instructions of Airbus Service Bulletin A320-32A1273,
Revision 02, including Appendix 01, dated May 26, 2005; using a
method approved by the Manager, International Section, Transport
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA); or Airbus SAS's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature. As of June 29, 2007, only Airbus Service Bulletin A320-
32A1273, Revision 02, including Appendix 01, dated May 26, 2005, may
be used to determine the affected MLG sliding tubes.
    Note 1 to paragraph (g): Guidance on the replacement specified
in paragraph (g) of this AD can be found in Airbus A318/A319/A320/
A321 Aircraft Maintenance Manual Chapter 32-11-13, page block 401.

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

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

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

    This paragraph restates the requirements of paragraph (i) of AD
2019-12-07, with an updated reference. An airplane with a MSN not
listed in figure 1 to paragraph (i) of this AD is not affected by
the requirements of paragraph (j) of this AD, provided it can be
determined that no MLG sliding tube having a part number and serial
number listed in figure 2 to paragraph (i) of this AD has been
installed on that airplane since first flight of the airplane.
BILLING CODE 4910-13-P

Figure 1 to Paragraph (i)--Affected Airplanes Listed by MSN
[GRAPHIC] [TIFF OMITTED] TP01AU23.041

Figure 2 to Paragraph (i)--Affected MLG Sliding Tubes
[GRAPHIC] [TIFF OMITTED] TP01AU23.042

[GRAPHIC] [TIFF OMITTED] TP01AU23.043

BILLING CODE 4910-13-C

(j) Retained Inspections, With an Updated Reference

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

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

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

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

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

(m) Retained Parts Installation Prohibition, With Updated References

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

(n) Retained Definitions, With No Changes

    This paragraph restates the definitions specified in paragraph
(n) of AD 2019-12-07, with no changes. For the purpose of paragraphs
(o), (p), (q), (r), and (s) of this AD, the following definitions
apply.
    (1) Affected MLG shock absorber: An MLG shock absorber having a
part number and serial number as identified in Messier-Dowty Service
Bulletin 200-32-286, Revision 3, dated October 3, 2008, for Model
A318, A319, and A320 series airplanes; and Messier-Dowty Service
Bulletin 201-32-43, Revision 3, dated October 3, 2008, for Model
A321 series airplanes.
    (2) Affected MLG sliding tube: An MLG sliding tube having a part
number and serial number as identified in Appendix B of Safran
Service Bulletin 200-32-321, Revision 2, dated October 3, 2017, for
Model A318, A319, and A320 series airplanes, or Safran Service
Bulletin 201-32-68, Revision 2, dated October 3, 2017, for Model
A321 series airplanes; except those parts that passed an inspection
as specified in Safran Service Bulletin 200-32-321 or Safran Service
Bulletin 201-32-68, as applicable; and those parts that, after that
inspection, have been repaired, using instructions approved by the
Manager, International Section, Transport Standards Branch, FAA; or
EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval
must include the DOA-authorized signature.
    Note 2 to paragraph (n)(2) of this AD: The affected MLG sliding
tubes identified in paragraph (n)(2) of this AD are referred to as
affected ``Batch 1'' MLG sliding tubes in EASA AD 2022-0204R1, dated
February 15, 2023; corrected February 17, 2023.
    (3) Serviceable MLG sliding tube: An MLG sliding tube that is
not affected, or an affected MLG sliding tube, that has not exceeded
10,000 flight cycles since first installation on an airplane, or an
affected MLG sliding tube that, within the last 5,000 flight cycles
before installation on an airplane, passed an inspection specified
in Airbus Service Bulletin A320-32-1441.

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

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

Figure 3 to Paragraph (o)--Initial Compliance Time for MLG Sliding Tube
Inspection
[GRAPHIC] [TIFF OMITTED] TP01AU23.044

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

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

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

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

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

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

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

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

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

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

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

(u) Retained Service Information Exception, With No Changes

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

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

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

(w) New Definitions for New Requirements of This AD

    For the purpose of paragraphs (x), (y), (z), (aa), and (bb) of
this AD, the following definitions apply.
    (1) Affected MLG sliding tube: An MLG sliding tube having a part
number identified in Safran Service Bulletin 200-32-321, Revision 4,
dated November 3, 2021, for Model A318, A319, and A320 series
airplanes, or Safran Service Bulletin 201-32-68, Revision 4, dated
November 3, 2021, for Model A321 series airplanes; except those
having a serial number identified in Appendix B of Safran Service
Bulletin 200-32-321, Revision 2, dated October 3, 2017, for Model
A318, A319, and A320 series airplanes, or Safran Service Bulletin
201-32-68, Revision 2, dated October 3, 2017, for Model A321 series
airplanes; and except those parts that passed an inspection as
specified in Safran Service Bulletin 200-32-321 or Safran Service
Bulletin 201-32-68, as applicable; and those parts that, after that
inspection, have been repaired, using instructions approved by the
Manager, International Section, Transport Standards Branch, FAA; or
EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval
must include the DOA-authorized signature.
    Note 4 to paragraph (w)(1) of this AD: The affected MLG sliding
tubes identified in paragraph (w)(1) of this AD are referred to as
affected ``Batch 2'' MLG sliding tubes in EASA AD 2022-0204R1, dated
February 15, 2023; corrected February 17, 2023.
    (2) Serviceable MLG sliding tube: Any MLG sliding tube other
than those identified in paragraphs (w)(2)(i) thru (iii) of this AD.
    (i) Any MLG sliding tube having a part number and serial number
listed in figure 2 to paragraph (i) of this AD.
    (ii) Any affected MLG sliding tube identified in paragraph
(n)(2) of this AD.
    (iii) Any affected MLG sliding tube identified in paragraph
(w)(1) of this AD.

(x) New Inspections for Additional Affected MLG Sliding Tubes

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

Figure 4 to Paragraph (x)--Initial Compliance Time for MLG Sliding Tube
Inspection

[GRAPHIC] [TIFF OMITTED] TP01AU23.045

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

(y) New Corrective Actions

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

(z) New Replacement for Additional Affected Parts

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

(aa) New Parts Installation Limitation

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

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

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

(cc) No Reporting Requirement for New Actions

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

(dd) Additional AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (ee)(2) of this AD or email to: 9-AVS-AIR-730-AMOC[email protected]. If mailing information, also submit information by
email.
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved for AD 2019-12-07 are approved as AMOCs for
the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or the European Union Aviation Safety Agency
(EASA); or Airbus SAS's EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraphs (u), (v), and (dd)(2) of this AD, if any service
information contains procedures or tests that are identified as RC,
those procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(ee) Additional Information

    (1) Refer to EASA AD 2022-0204R1, dated February 15, 2023;
corrected February 17, 2023; for related information. This EASA AD
may be found in the AD docket at regulations.gov under Docket No.
FAA-2023-1645.
    (2) For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email:
[email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (ff)(8) and (10) of this AD.

(ff) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.

    (3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) Airbus Service Bulletin A320-32-1441, Revision 02, dated
August 23, 2022.
    (ii) Safran Service Bulletin 200-32-321, Revision 4, dated
November 3, 2021.
    (iii) Safran Service Bulletin 201-32-68, Revision 4, dated
November 3, 2021.
    (4) The following service information was approved for IBR on
August 1, 2019 (84 FR 30579, June 27, 2019).
    (i) Airbus Service Bulletin A320-32-1441, Revision 01, dated
December 14, 2017.
    (ii) Messier-Dowty Service Bulletin 200-32-286, Revision 3,
dated October 3, 2008.
    (iii) Messier-Dowty Service Bulletin 201-32-43, Revision 3,
dated October 3, 2008.
    (iv) Safran Service Bulletin 200-32-321, Revision 2, dated
October 3, 2017.
    (v) Safran Service Bulletin 201-32-68, Revision 2, dated October
3, 2017.
    (5) The following service information was approved for IBR on
February 22, 2017 (82 FR 5362, January 18, 2017).
    (i) Airbus Service Bulletin A320-32-1416, including Appendix 01,
dated March 10, 2014.
    (ii) [Reserved]
    (6) The following service information was approved for IBR on
June 29, 2007 (72 FR 29241, May 25, 2007).
    (i) Airbus Service Bulletin A320-32A1273, Revision 02, including
Appendix 01, dated May 26, 2005.
    (ii) [Reserved]
    (7) The following service information was approved for IBR on
June 23, 2004 (69 FR 31867, June 8, 2004).
    (i) Airbus All Operators Telex A320-32A1273, Revision 01, dated
May 6, 2004.
    (ii) [Reserved]
    (8) For Airbus service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 44 51; email airbus.com">[email protected]airbus.com;
website airbus.com.
    (9) For Safran and Messier-Dowty service information identified
in this AD, contact Safran Landing Systems, One Carbon Way, Walton,
KY 41094; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; internet
www.safran-landing-systems.com.
    (10) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (11) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16189 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Rules and Regulations]
[Page 68746-68750]
[DOCID:fr28no06-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R01-OAR-2006-0345; FRL-8238-1]

Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Asbestos Management and Control; State of New
Hampshire Department of Environmental Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is proposing to approve New Hampshire Department of
Environmental Services' (NH DES) request to implement and enforce its
regulation entitled ``Asbestos Management and Control'' in lieu of the
Asbestos National Emission Standard for Hazardous Air Pollutants
(Asbestos NESHAP) as it applies to certain asbestos-related activities.
Upon approval, NH DES's rule will be federally enforceable and will
apply to all sources that otherwise would be regulated by the Asbestos
NESHAP with the exception of inactive waste disposal sites that ceased
operation on or before July 9, 1981. These inactive disposal sites are
already regulated by State rules that were approved by EPA on May 23,
2003. NH DES's request seeks to adjust the federal rules by
demonstrating the equivalency of its rules to the federal requirements.

DATES: This direct final rule will be effective January 29, 2007,
unless EPA receives adverse comments by December 28, 2006. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect. The incorporation by reference of certain
publications in this rule is approved by the Director of the Federal
Register as of January 29, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2006-0345 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R01-OAR-2006-0345'', Daniel Brown, Manager, Air
Permits, Toxics & Indoor Programs Unit, Office Of Ecosystem Protection,
U.S. Environmental Protection Agency, One Congress Street, Suite 1100
(CAP), Boston, MA 02114-2023.
    5. Hand Delivery or Courier: Deliver your comments to: Daniel
Brown, Manager, Air Permits, Toxics & Indoor Programs Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, One
Congress Street, Suite 1100 (CAP), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30 excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2006-0345. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through http://www.regulations.gov, or e-

mail, information that you consider to be CBI or otherwise protected.
The http://www.regulations.gov Web site is an ``anonymous access'' systems,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, One Congress
Street, Suite 1100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
legal holidays.
    In addition to the publicly available docket materials available
for inspection electronically in the Federal Docket Management System
at http://www.regulations.gov, and the hard copy available at the Regional

Office, which are identified in the ADDRESSES section of this Federal
Register, copies of the state submittal and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment at the State Air Agency: Air Resources
Division, Department of Environmental Services, 6 Hazen Drive, P.O. Box
95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics &
Indoor Programs Unit, Office Of Ecosystem Protection, U.S.
Environmental Protection Agency, One Congress Street, Suite 1100 (CAP),
Boston, MA 02114-2023, telephone number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:
    This Supplementary Information is organized as follows:

I. Background and Purpose.
II. What requirements must a state rule meet to adjust a Section 112
rule?
III. When did the authority to implement and enforce Section 112
standards become effective in New Hampshire?
IV. What are the differences between NH DES's regulations and the
Asbestos NESHAP?
V. What action is EPA taking?
VI. Opportunities for Public Comments
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    The Environmental Protection Agency (EPA) first promulgated
standards to regulate asbestos emissions on April 6, 1973 (see 40 FR
8826). These standards have since been amended several times and re-
codified as a National Emission Standard for Hazardous Air Pollutants
(NESHAP) in 40 CFR part 61, subpart M, ``National Emission Standard for
Asbestos'' (Asbestos NESHAP). The Asbestos NESHAP applies to several
asbestos-emitting categories, and includes emission and/or work
practice standards for: asbestos mills, including their waste disposal
practices, and roadways; numerous manufacturing operations that use
commercial asbestos, including their waste disposal practices;
demolitions/renovations; spraying and fabricating operations;
installation of insulating materials; and both active and inactive
waste disposal sites.
    On November 15, 2005 and January 10, 2006, respectively, EPA
received an application, and a supplement to that application, from the
NH DES. The application, which was determined to be complete on April
13, 2006, concerned a rule adjustment pursuant to the provisions of 40
CFR part 63, subpart E, section 63.92. Specifically, NH DES requested
the rule adjustment in order to implement and enforce New Hampshire
Rule Env-A 1800 entitled ``Asbestos Management and Control'' in place
of the Federal asbestos regulations found at 40 CFR part 61, subpart M,
except for inactive waste disposal sites not operating after July 9,
1981.
    EPA is approving this request and incorporating it into 40 CFR
parts 61 and 63. This action will have a beneficial effect on air
quality by reducing asbestos emissions. This action is being taken
under section 112 of the Clean Air Act.

II. What requirements must a state rule meet to adjust a Section 112
rule?

    Under CAA section 112(l), EPA may approve state or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable Federal rules, emissions standards, or requirements, when
the state or local rules are determined to be no less stringent than
the corresponding Federal rules or requirements. The Federal
regulations governing EPA's approval of state and local rules or
programs under section 112(l) are located at 40 CFR part 63, subpart E
(see 58 FR 62262, November 26, 1993 as amended at 65 FR 55810,
September 14, 2000). Under these regulations, a state air pollution
control agency has the option to request EPA's approval to adjust a
state rule for the applicable section 112 Federal rule (NESHAP). To
receive EPA approval using this option, the requirements of 40 CFR part
63, subpart E, sections 63.91 and 63.92 must be met. Upon approval, the
state agency is given the authority to implement and enforce its rule
in place of the NESHAP.
    Section 112(l)(5) of the Act requires that a state's NESHAP program
contain adequate authorities to assure compliance with each applicable
federal requirement, adequate resources for implementation, and an
expeditious compliance schedule. These are also requirements for an
adequate operating permits program under 40 CFR part 70. On September
24, 2001, EPA promulgated full approval of the state's operating
permits program as administered by NH DES (See 66 FR 48806). In
addition, on May 16, 2001, EPA provided ``up-front'' approval of NH
DES's request to implement and enforce alternative requirements in the
form of title V permit terms and conditions for subpart S, ``National
Emission Standards for Hazardous Air Pollutants from the Pulp and Paper
Industry'' (Pulp and Paper MACT I), and subpart MM, ``National Emission
Standards for Chemical Recovery Combustion Sources at Kraft, Soda,
Sulfite and Stand-Alone Semichemical Pulp Mills'' (Pulp and Paper MACT
II) (see 66 FR 27032). Under 40 CFR 63.91(d)(2), once a state has
satisfied up-front approval criteria, it needs only to reference the
previous demonstration and reaffirm that it still meets the criteria
for any subsequent submittals. NH DES has affirmed that it still meets
the up-front approval criteria.
    Additionally, the ``rule adjustment'' option requires EPA to ``make
a detailed and thorough evaluation of the state's submittal to ensure
that it meets the stringency and other requirements'' of 40 CFR 63.92
(see 65 FR 55840). A rule will be approved if EPA finds: (1) The state
or local rules are ``no less stringent'' than the corresponding Federal
regulations, (2) the state or local government has adequate authorities
to implement and enforce the rules, and (3) the schedule for
implementation and compliance is ``no less stringent'' than the
deadlines established in the otherwise applicable Federal rule. See 40
CFR 63.92(b).

III. When did the authority to Implement and Enforce Section 112
Standards become effective in New Hampshire?

    On October 2, 1996, EPA approved New Hampshire's program under
section 112(l)(5) and 40 CFR 63.91 for receiving delegation of section
112 standards that are unchanged from Federal standards as promulgated.
This delegation mechanism only applied to Part 70 sources (see 61 FR
51370). On May 9, 2002, the NH DES submitted a request to EPA to
receive straight delegation of authority to implement and enforce
NESHAPs and New Source Performance Standards (NSPSs) for both major and
area sources under a new delegation mechanism. NH DES sought to take
delegation of these standards by incorporating the standards into NH
DES's regulations. On September 19, 2002, EPA approved this delegation
mechanism (see 67 FR 59001). Among other standards, NH DES incorporated
by reference the Asbestos NESHAP, with the exception of 40 CFR 61.151,
the standard for inactive waste disposal sites for asbestos mills and
manufacturing and fabricating operations.
    NH DES did not request straight delegation of Sec.  61.151 because
it had submitted a partial rule substitution pursuant to 40 CFR 63.93
for a portion of that rule. On May 23, 2003, EPA approved NH DES's
request for a rule substitution for inactive waste disposal sites not
operating after July 9, 1981 (68 FR 31611). NH DES's request sought no
change in delegation relative to inactive asbestos waste disposal sites
not operating after July 9, 1981. Therefore, NH's request for a rule
adjustment applies to Subpart M, except for those inactive waste
disposal sites not operating after July 9, 1981.

IV. What are the differences between NH DES's regulation and the
Asbestos NESHAP?

    NH DES's asbestos rule Env-A 1800 Asbestos Management and Control
has incorporated by reference most, but not all, of the federal
national emission standards for hazardous air pollutants (40 CFR part
61, subpart M) for asbestos. What follows is a comparison of those
sections of 40 CFR part 61, subpart M that NH DES has not adopted with
the applicable sections of New Hampshire's

rule, demonstrating that New Hampshire's rule is in each case
equivalent to, or more stringent than, the federal rule.
    The rule in which NH DES incorporates by reference, with certain
exceptions, 40 CFR part 61, subpart M reads as follows: ``Env-A 1807.01
Federal Regulation. Under the authority of RSA 141-E:4,II(a)(3), the
owner or operator of a facility subject to this chapter shall comply
with the provisions of 40 CFR 61, subpart M, as in effect on July 1,
2004, except for: (a) The definition of ``facility'' in 40 CFR 61.141;
and (b) The provisions of 40 CFR 61.145(c)(1)(i), 61.145(c)(1)(ii),
61.145(c)(1)(iv), 61.149(c)(2), 61.150(a)(4), 61.150(a)(5),
61.150(b)(3), 61.151 with respect to disposal sites not operated after
July 9, 1981, 61.151(c), 61.152(b)(3), 61.154(c), 61.154(d), 61.155(a)
and 61.157.''
    New Hampshire's definition of ``facility'' at Env-A 1802.01(n)
includes single family dwellings, and is thus more stringent than the
federal definition, which excludes residential buildings with four or
fewer units.
    Env-A 1807.01(b): The first three exceptions under Env-A
1807.01(b), namely 40 CFR 61.145(c)(1)(i), 61.145(c)(1)(ii), and
61.145(c)(1)(iv), are demolition work practices that may be considered
together. Section 61.145 contains the standard for asbestos demolition
and renovation, subsection (c) contains the procedures for asbestos
emission control, and paragraph (1) provides for the removal of all
regulated asbestos-containing material (RACM), except RACM need not be
removed before demolition if:
    (i) It is Category I nonfriable ACM that is not in poor condition
and is not friable;
    (ii) It is on a facility component that is encased in concrete or
other similarly hard material and is adequately wet whenever exposed
during demolition; or
    (iii) They are Category II nonfriable ACM and the probability is
low that the materials will become crumbled, pulverized, or reduced to
powder (i.e., made friable) during demolition.
    In Env-A 1802.01 NH DES adopts the federal definitions for RACM and
Category I and II nonfriable ACM. However, unlike in the federal rule,
in Env-A 1805.09, NH DES requires that even (i) Category I nonfriable
ACM that is not in poor condition and is not friable, (ii) RACM on
facility components that are encased in concrete or other similarly
hard material and (iv) Category II nonfriable ACM must be removed prior
to demolition. Therefore, New Hampshire's rule is more stringent than
the federal rule at 40 CFR 61.145(c)(1)(i), 61.145(c)(1)(ii), and
61.145(c)(1)(iv).
    The next exception to the federal rule in New Hampshire's rule is
40 CFR 61.149(c)(2). This section, together with Sec. Sec.
61.150(a)(4), 61.151(c), 61.152(b)(3), 61.154(d) and 61.155(a), is non-
delegable to the states under the provisions of 40 CFR 61.157.
    NH DES did not to adopt 40 CFR 61.150(a)(5), which provides an
exception to the standard for waste disposal for manufacturing,
fabricating, demolition, renovation, and spraying operations. Section
61.150(a) states that each owner or operator of an applicable source
shall ``discharge no visible emissions to the outside air during the
collection, processing, packaging, or transporting of any asbestos-
containing waste material * * *'' Subparagraph (5) states: ``As applied
to demolition and renovation, the requirements of paragraph (a) of this
section do not apply to Category I nonfriable ACM waste and Category II
nonfriable ACM waste that did not become crumbled, pulverized, or
reduced to powder.'' NH DES will regulate both Category I and Category
II nonfriable ACM in demolitions, and therefore did not to adopt the
provisions of 40 CFR 61.150(a).
    For the same reason, NH DES did not adopt 40 CFR 61.150(b)(3).
Paragraph 61.150(b) states that ``All asbestos-containing waste
material shall be deposited as soon as is practical by the waste
generator'' at an approved site. Subparagraph 61.150(b)(3) excludes
``Category I nonfriable ACM that is not RACM.'' Again, NH DES has
chosen to regulate this material.
    NH DES did not adopt 40 CFR 61.151 with respect to disposal sites
not operated after July 9, 1981. This is a special case covered by New
Hampshire's waste management regulation Env-Wm 3900, for which
equivalency has already been determined by EPA.
    Finally, NH DES did not adopt 40 CFR 61.154(c). This section
contains the standard for active waste disposal sites. Paragraph (c)
provides an alternative to the ``no visible emissions'' standard of 40
CFR 61.154(a), but New Hampshire's rule is more stringent than the
federal rule, in that it does not allow this alternative approach.
    In conclusion, in each case where New Hampshire's asbestos rule
Env-A 1800 differs from the federal asbestos NESHAP 40 CFR part 61,
subpart M, New Hampshire's rule is more stringent or at least
equivalent to the federal rule. Also, NH DES incorporated the 40 CFR
part 61, subpart A General Provisions into New Hampshire's rule Env-
500. Consequently, with this approval, the general provisions of
subpart A will apply to any source subject to New Hampshire's asbestos
rule Env-A 1800.

V. What action is EPA taking?

    After reviewing NH DES's rule adjustment request and equivalency
demonstration for the Asbestos NESHAP as it applies to certain
asbestos-emitting operations, EPA has determined this request meets all
the requirements necessary for approval under CAA Section 112(l) and 40
CFR 63.91 and 63.92. Accordingly, the NH DES is granted the authority
to implement and enforce Env-A 1800 entitled ``Asbestos Management and
Control'' in place of the Federally-approved Asbestos NESHAP except for
inactive waste disposal sites that ceased operation on or before July
9, 1981. Although this approval grants NH DES primary implementation
and enforcement responsibility, EPA retains the right, pursuant to CAA
section 112(l)(7), to enforce any applicable emission standard or
requirement under CAA section 112. As of the effective date of this
action, NH DES's Env-A 1800 is the Federally-enforceable standard for
asbestos sources under the NH DES's jurisdiction. This rule will be
enforceable by the EPA Administrator and the citizens under the CAA.

VI. Opportunities for Public Comment

    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve this delegation request
should relevant adverse comments be filed. This rule will be effective
January 29, 2007 without further notice unless the Agency receives
relevant adverse comments by December 28, 2006.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on January 29, 2007 and no further action will
be taken on the proposed

rule. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

VII. Statutory and Executive Order Reviews

A. Executive Orders 12866 and 13045

    The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866, entitled ``Regulatory Planning and
Review.'' This rule is not subject to Executive Order 13045, entitled,
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.

B. Executive Order 13211

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.

C. Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
    This final rule does not have tribal implications. This action
allows the State of New Hampshire to implement equivalent state
requirements in lieu of pre-existing Federal requirements as applied
only to certain asbestos-emitting activities. This action will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

D. Executive Order 13132

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action simply allows New
Hampshire to implement equivalent alternative requirements to replace a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, Executive Order 13132 does not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq. generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and small governmental entities with jurisdiction over
populations of less than 50,000. This final rule will not have a
significant impact on a substantial number of small entities because
approvals under 40 CFR 63.92 do not create any new requirements. Such
approvals simply allow the state to implement and enforce equivalent
requirements in place of the Federal requirements that EPA is already
imposing. Therefore, because this approval does not create any new
requirements, I certify that this action will not have a significant
economic impact on a substantial number of small entities.

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate,
or to the private sector, of $100 million or more. Under section 205,
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector.
    This Federal action allows New Hampshire to implement equivalent
alternative requirements in lieu of pre-existing requirements under
Federal law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or to the
private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be

inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This action does not involve
technical standards. Therefore, the NTTAA does not apply to this rule.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 29, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects

40 CFR Part 61

    Environmental protection, Air pollution control, Administrative
practice and procedure, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

40 CFR Part 63

    Environmental protection, Air pollution control, Administrative
practice and procedure, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: October 17, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 61--[AMENDED]

0
1. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
2. Section 61.04 is amended by redesignating paragraph (c)(1) as
paragraph (c)(1)(i), and adding paragraph (c)(1)(ii) to read as
follows:

Sec.  61.04  Address.

* * * * *
    (c) * * *
    (1)(i) * * *
    (ii) The remainder of the sources subject to the part 61 subpart M
Asbestos provisions, except for those listed under paragraph (c)(1)(i)
of this section, must comply with the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, September 2006. The Director of
the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from the Air and Radiation Docket and Information Center, U.S.
EPA, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC.
You may examine this material at the above EPA office or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

* * * * *

PART 63--[AMENDED]

0
3. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
4. Section 63.14 is amended by redesignating paragraph (d)(5) as
paragraph (d)(5)(i), and adding paragraph (d)(5)(ii) to read as
follows:

Sec.  63.14  Incorporation by reference.

* * * * *
    (d) * * *
    (5)(i) * * *
    (ii) New Hampshire Regulations Applicable to Hazardous Air
Pollutants, September 2006. Incorporation by Reference approved for
Sec.  63.99(a)(29)(iv) of subpart E of this part.
* * * * *

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

0
5. Section 63.99 is amended by adding paragraph (a)(29)(iv) to read as
follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (29) * * *
    (iv) Affected asbestos facilities (i.e., facilities found under 40
CFR part 61, subpart M, except those listed under paragraph
(a)(29)(iii) of this section), must comply with the New Hampshire
Regulations Applicable to Hazardous Air Pollutants, September 2006,
(incorporated by reference as specified in Sec.  63.14) as follows:
    (A) The material incorporated in the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, September 2006, (incorporated
by reference as specified in Sec.  63.14) pertains to those affected
asbestos facilities in the State of New Hampshire's jurisdiction, and
has been approved under the procedures in 40 CFR 63.92 to be
implemented and enforced in place of the federal NESHAPs found at 40
CFR part 61, subpart M (except for those listed under paragraph
(a)(29)(iii) of this section).
    (B) [Reserved]
* * * * *
[FR Doc. E6-20157 Filed 11-27-06; 8:45 am]

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[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58588-58589]
[FR Doc No: 2018-25212]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0881]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0003

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0003,
Boating Accident Report; without change. Our ICR describes the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before January 22,
2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0881] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of

the necessity of the Collection, and other important information
describing the Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-0881], and
must be received by January 22, 2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Boating Accident Report.
    OMB Control Number: 1625-0003.
    Summary: The Coast Guard Boating Accident Report form (CG-3865, OMB
Control Number 1625-0003) is the data collection instrument that
ensures compliance with the implementing regulations and Title 46
U.S.C. 6102 (b) that requires the Secretary to collect, analyze and
publish reports, information, and statistics on marine casualties.
    Need: Title 46 U.S.C. 6102 (a) requires a uniform marine casualty
reporting system, with regulations prescribing casualties to be
reported and the manner of reporting. The statute requires a State to
compile and submit to the Secretary (delegated to the Coast Guard)
reports, information, and statistics on casualties reported to the
State. Implementing regulations are contained in Title 33 CFR
Subchapter S--Boating Safety, Part 173--Vessel Numbering and Casualty
and Accident Reporting, Subpart C--Casualty and Accident Reporting and
Part 174--State Numbering and Casualty Reporting Systems, Subpart C--
Casualty Reporting System Requirements, and Subpart D--State reports.
    States are required to forward copies of the reports or
electronically transmit accident report data to the Coast Guard within
30 days of their receipt of the report as prescribed by 33 CFR 174.121
(Forwarding of casualty or accident reports). The accident report data
and statistical information obtained from the reports submitted by the
State reporting authorities are used by the Coast Guard in the
compilation of national recreational boating accident statistics.
    Forms: CG-3865, Recreational Boating Accident Report.
    Respondents: Federal regulations (33 CFR 173.55) require the
operator or any uninspected vessel that is numbered or used for
recreational purposes to submit an accident report to the State
authority when:
    (1) A person dies; or
    (2) A person is injured and requires medical treatment beyond first
aid; or
    (3) Damage to the vessel and other property totals $2,000 or more,
or there is a complete loss of the vessel; or
    (4) A person disappears from the vessel under circumstances that
indicate death or injury.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated annual burden remains 2,500
hours a year.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: November 14, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-25212 Filed 11-19-18; 8:45 am]
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