[Federal Register: March 24, 2008 (Volume 73, Number 57)]
[Rules and Regulations]
[Page 15397-15399]
[DOCID:fr24mr08-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0303; Directorate Identifier 2008-NM-047-AD;
Amendment 39-15441; AD 2008-06-29]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-300, -400, and -500
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires
repetitive inspections of the downstop assemblies on the main tracks of
the No. 2, 3, 4, and 5 slats and the inboard track of the No. 1 and 6
slats to verify if any parts are missing, damaged, or in the wrong
order. This AD also requires other specified actions, and related
investigative and corrective actions if necessary. This AD results from
reports of fuel leaking from a puncture in the slat track housing
(referred to as the ``slat can''). We are issuing this AD to detect and
correct loose or missing parts from the main slat track downstop
assemblies, which could puncture the slat can and result in a fuel leak
and consequent fire.

DATES: This AD is effective April 8, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 8,
2008.
    We must receive comments on this AD by May 23, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION;

Discussion

    Boeing has notified us that it has received numerous reports of
fuel leaking from the slat track housing (referred to as the ``slat
can'') on Boeing Model 737-300, -400, and -500 series airplanes. In all
cases, there were no reports of a fire as a result of the fuel leaks on
these airplane models. In some of the reports, the fuel leak was caused
by loose or broken parts falling off the downstop assembly into the
slat can, which were then subsequently driven into the slat can by the
retracting slat track. This condition, if not corrected, could puncture
the slat can and result in a fuel leak and consequent fire.

Other Related Rulemaking

    On August 28, 2007, we issued emergency AD 2007-18-52, amendment
39-15197, to address the same unsafe condition on all Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. That AD was
published in the Federal Register on September 21, 2007 (72 FR 53928).
That AD requires repetitive detailed inspections of the slat track
downstop assemblies to verify that proper hardware is installed, one-
time torquing of the nut and bolt, and corrective actions if necessary.
That AD resulted from reports of parts coming off the main slat track
downstop assemblies and a resultant fire. That AD was issued to detect
and correct loose or missing parts from the main slat track downstop
assemblies, which could result in a fuel leak and consequent fire.
    Because the main slat track downstop assemblies of Model 737
airplanes are similar in design to those of other Boeing airplane
models, we have been working with the manufacturer to evaluate its
remaining airplane models to determine if a similar unsafe condition
exists on them. As a result, we may consider additional rulemaking as
those evaluations are completed.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 737-57A1301, dated
February 5, 2008. The service bulletin describes procedures for doing
repetitive detailed inspections of the downstop assemblies on the main
tracks of the No. 2, 3, 4, and 5 slats and the inboard track of the No.
1 and 6 slats to verify if any parts are missing, damaged, or in the
wrong order. The service bulletin specifies that the downstop assembly
may be inspected using a borescope. The service bulletin also describes
procedures for doing other specified actions, and doing related
investigative and corrective actions if necessary. The other specified
actions include a one-time torquing of the nut of the downstop assembly
and a detailed inspection of the bolt to verify that the entire
chamfered portion of the bolt protrudes beyond the outer surface of the
nut. The related investigative action is a detailed inspection of the
inside of the slat can for loose parts and damage to the wall of the
slat can, which is done if any downstop assembly part is missing or
damaged. The corrective actions include the following:
     Removing any loose downstop assembly part found in the
slat can.
     Replacing any damaged slat can, or contacting Boeing for
repair information.
     Replacing any missing or damaged downstop assembly part
with a new or serviceable part.
     Removing and reinstalling the downstop assembly if any
downstop assembly parts are in the wrong order, or if the entire
chamfered portion of the bolt does not protrude beyond the outer
surface of the nut after it is torqued.
    The service bulletin specifies doing the initial inspection within
90 days and repeating the inspection thereafter at intervals not to
exceed 4,500 flight

cycles. The service bulletin specifies doing the other specified
actions within 90 days. The service bulletin specifies doing the
related investigative and corrective actions before further flight
after certain findings.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This AD requires accomplishing the actions specified in the
service information described previously, except as discussed under
``Differences Between the AD and Service Bulletin.''

Differences Between the AD and Service Bulletin

    For airplanes on which any downstop assembly part is missing or
damaged, the service bulletin specifies doing a related investigative
action--i.e., a detailed inspection of the inside of the slat can for
loose parts and damage to the wall of the slat can. However, this AD
allows operators to accomplish a borescope inspection of the inside of
the slat can instead of a detailed inspection. We have coordinated this
difference with Boeing.
    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this AD would
require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Delegation Option Authorization
Organization whom we have authorized to make those findings.

Clarification of Slat Can Replacement

    Paragraph 3.B.5.a.(2) of the Accomplishment Instructions of the
service bulletin specifies to either replace any damaged slat can or
contact Boeing for repair information if any damaged slat can is found.
Paragraph (f)(3) of this AD specifies, in part, that if an operator
chooses to replace the damaged slat can instead of contacting Boeing
for repair information, the damaged slat can must be replaced with a
new slat can having the same part number.

Interim Action

    We consider this AD interim action. The manufacturer is currently
developing a modification that will address the unsafe condition
identified in this AD. Once this modification is developed, approved,
and available, we might consider additional rulemaking.

FAA's Justification and Determination of the Effective Date

    Loose or missing parts from the main slat track downstop assemblies
could puncture the slat can and result in a fuel leak and consequent
fire. Because of our requirement to promote safe flight of civil
aircraft and thus, the critical need to assure the structural integrity
of the main slat track downstop assemblies and the short compliance
time involved with this action, this AD must be issued immediately.
    Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-0303; Directorate Identifier 2008-NM-047-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-06-29 Boeing: Amendment 39-15441. Docket No. FAA-2008-0303;
Directorate Identifier 2008-NM-047-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 8,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 737-300, -400, and -500
series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports of fuel leaking from a puncture
in the slat track housing (referred to as ``slat can''). We are
issuing this AD to detect and correct loose or missing parts from
the main slat track downstop assemblies, which could puncture the
slat can and result in a fuel leak and consequent fire.

Compliance

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

Repetitive Inspections and Corrective Actions

    (f) At the applicable time specified in Table 1 of paragraph
1.E. of Boeing Alert Service Bulletin 737-57A1301, dated February 5,
2008, except as provided by paragraph (f)(1) of this AD: Do a
detailed inspection or borescope inspection of the downstop
assemblies on the main tracks of the No. 2, 3, 4, and 5 slats and
the inboard track of the No. 1 and 6 slats to verify if any parts
are missing, damaged, or in the wrong order; and do all the other
specified, related investigative, and corrective actions as
applicable; by accomplishing all of the applicable actions specified
in the Accomplishment Instructions of the service bulletin, except
as provided by paragraphs (f)(2) and (f)(3) of this AD. Repeat the
inspection thereafter at the applicable interval specified in Table
1 of paragraph 1.E. of the service bulletin. Do all applicable
related investigative and corrective actions before further flight.
    (1) Where the service bulletin specifies counting the compliance
time from ``* * * the date on the service bulletin,'' this AD
requires counting the compliance time from the effective date of
this AD.
    (2) For airplanes on which any downstop assembly part is missing
or damaged, a borescope inspection of the inside of the slat can for
loose parts and damage to the wall of the slat can may be
accomplished in lieu of the detailed inspection of the inside of the
slat can that is specified in the service bulletin.
    (3) If any damaged slat can is found during any inspection
required by this AD: Before further flight, either replace the slat
can with a new slat can having the same part number or repair the
slat can using a method approved in accordance with the procedures
specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, Attn: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-
120S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.

Material Incorporated by Reference

    (h) You must use Boeing Alert Service Bulletin 737-57A1301,
dated February 5, 2008, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; 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.

    Issued in Renton, Washington, on March 11, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.

 [FR Doc. E8-5702 Filed 3-21-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8698-8699]
[FR Doc No: 2015-03234]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

T[Uuml]V S[Uuml]D America, Inc.: Grant of Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for T[Uuml]V S[Uuml]D America, Inc., as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
February 18, 2015.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Acting Director, Office of Technical Programs and Coordination
Activities, Directorate of Technical Support and Emergency Management,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>OSHA's Web
page includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of T[Uuml]V S[Uuml]D America, Inc. (TUVAM), as an NRTL.
TUVAM's expansion covers the addition of one test standard to its scope
of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The Agency processes applications by an NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page

for each NRTL that details its scope of recognition. These pages are
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM submitted an application, dated June 9, 2014 (OSHA-2007-0043-
0009, Exhibit 14-1--TUVAM Request for Expansion), to expand its
recognition to include one additional test standard. OSHA staff
performed a comparability analysis and reviewed other pertinent
information. OSHA did not perform any on-site reviews in relation to
this application.
    OSHA published the preliminary notice announcing TUVAM's expansion
application in the Federal Register on October 3, 2014 (79 FR 59863).
The Agency requested comments by October 20, 2014, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of TUVAM's scope of recognition.
    To obtain or review copies of all public documents pertaining to
TUVAM's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC
20210. Docket No. OSHA-2007-0043 contains all materials in the record
concerning TUVAM's recognition.

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, its capability
to meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that
TUVAM meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant TUVAM's
scope of recognition expansion. OSHA limits the expansion of TUVAM's
recognition to testing and certification of products for demonstration
of conformance to the test standard listed in Table 1 below.

 Table 1--Appropriate Test Standard for Inclusion in TUVAM's NRTL Scope
                             of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
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ANSI/AAMI ES60601-1:2005/(R)2012.......  Medical electrical equipment,
                                          Part 1: General requirements
                                          for basic safety and essential
                                          performance (with amendments).
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    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standard listed above as an American National Standard. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
TUVAM must abide by the following conditions of the recognition:
    1. TUVAM must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
    2. TUVAM must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. TUVAM must continue to meet the requirements for recognition,
including all previously published conditions on TUVAM's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of TUVAM, subject to the limitation and conditions
specified above.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on February 11, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-03234 Filed 2-17-15; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Rules and Regulations]
[Page 1282-1285]
[DOCID:fr08ja08-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0215; FRL-8513-8]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and
Amendments to the 1-Hour Ozone Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions

submitted by West Virginia. These revisions pertain to: the maintenance
plan prepared by West Virginia to maintain the 8-hour national ambient
air quality standard (NAAQS) for ozone in Greenbrier County, which is
designated attainment for the ozone NAAQS; and two amendments to the
existing 1-hour ozone maintenance plan, which include removal of the
obligation to submit a maintenance plan for the 1-hour NAAQS eight
years after approval of the initial 1-hour maintenance plan, and
removal of the State's obligation to implement contingency measures
upon a violation of the 1-hour NAAQS. The purpose of this approval is
to ensure Federal enforceability of the state air program plan and to
maintain consistency between the State-adopted plan and the approved
SIP. This action is being taken under the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on February 7,
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0215. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the electronic

docket, some information is not publicly available, i.e., confidential
business information (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 through http://www.regulations.gov or in hard

copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street,
SE., Charleston, WV 25304.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 110(a)(1) of the Clean Air Act (CAA) requires, in part,
that states submit to EPA plans to maintain any NAAQS promulgated by
EPA. EPA interprets this provision to require that areas that were
maintenance areas for the 1-hour ozone NAAQS, but attainment for the 8-
hour ozone NAAQS submit a plan to demonstrate the continued maintenance
of the 8-hour ozone NAAQS. EPA established June 15, 2007, three years
after the effective date of the initial 8-hour ozone designations, as
the deadline for submission of plans for these areas.
    On May 20, 2005, EPA issued guidance that applies, in part, to
areas that are designated attainment/unclassifiable for the 8-hour
ozone standard and that had an approved 1-hour ozone maintenance plan.
The purpose of the guidance, referred to as section 110(a)(1) guidance,
is to assist the states in the development of a SIP which addresses the
maintenance requirements found in section 110(a)(1) of the CAA. There
are five components of the section 110(a)(1) maintenance plan which
are: (1) An attainment inventory, which is based on actual typical
summer day emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NOX) for a ten-year period from a base year as
chosen by the state; (2) a maintenance demonstration which shows how
the area will remain in compliance with the 8-hour ozone standard for
10 years after the effective date of designations (June 15, 2004); (3)
a commitment to continue to operate air quality monitors; (4) a
contingency plan that will ensure that a violation of the 8-hour ozone
NAAQS is promptly addressed; and (5) an explanation of how the State
will track the progress of the maintenance plan.
    On November 7, 2007 (72 FR 62809), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia. The NPR
proposed approval of the 8-hour ozone maintenance plan for Greenbrier
County, as well as concurrent approval of two amendments to its
existing 1-hour ozone maintenance plan, which include (a) removal of
the obligation to submit a maintenance plan for the 1-hour NAAQS eight
years after approval of the initial 1-hour maintenance plan, and (b)
removal of the State's obligation to implement contingency measures
upon a violation of the 1-hour NAAQS. The formal SIP revision was
submitted by West Virginia on November 29, 2006.

II. Summary of SIP Revision

    The WVDEP 8-hour ozone maintenance plan addresses the components of
the section 110(a)(1) 8-hour ozone maintenance plan as outlined in
EPA's May 20, 2005 guidance. West Virginia requested approval of their
8-hour ozone maintenance plan for Greenbrier County, as well as
concurrent approval of two amendments to its existing 1-hour ozone
maintenance plan.
    Emissions Inventory: An emissions inventory is an itemized list of
emission estimates for sources of air pollution in a given area for a
specified time period. WVDEP has provided a comprehensive and current
emissions inventory for NOX and VOCs. WVDEP has chosen to
use 2002 as the base year from which it will project emissions. The
maintenance plan also includes an explanation of the methodology used
for determining the anthropogenic (area and mobile sources) emissions.
There are no Title V point sources located in Greenbrier County, so a
2002 point source inventory was not compiled. The inventory is based on
emissions from a typical ozone season day. The term ``typical'' refers
to emissions being emitted during a typical weekday during the months
where ozone concentrations are typically the highest.
    Maintenance Demonstration and Tracking Progress: With regard to
demonstrating continued maintenance of the 8-hour ozone standard, West
Virginia projects that the total emissions from Greenbrier County will
decrease during the ten-year maintenance period. WVDEP has projected
emissions for 10 years from the effective date of initial designations,
or 2014. In 2002, the total anthropogenic emissions in Greenbrier
County were 7.7 tons/ozone season day for VOCs and 7.4 tons/ozone
season day for NOX. The projected 2014 anthropogenic
emissions from Greenbrier County are 7.0 tons/ozone season day for VOCs
and 4.9 tons/ozone season day for NOX. As such, the plan
demonstrates that, from an emissions projections standpoint, emissions
are projected to decrease.
    It is important to note that the formation of ozone is dependent on
a number of variables which cannot be estimated through emissions
growth and reduction calculations. A few of these variables include
weather and the transport of ozone precursors from outside the
maintenance area. In the section 110(a)(1) maintenance plan, WVDEP had
indicated that the state will track the progress of the maintenance
plan by updating the emissions inventory for Greenbrier County
approximately every three years. The emissions inventory update will
include point, area, and mobile emissions. Information from these
future updates will be compared with the projected growth estimates for
the 2002 base inventory data to track maintenance of the standard.
    Ambient Monitoring: With regard to the ambient air monitoring
component of the maintenance plan, West Virginia commits to continue
operating air quality monitoring stations in accordance with 40 CFR
Part 58 throughout the maintenance period to

verify maintenance of the 8-hour ozone standard, and will submit
quality-assured ozone data to EPA through the AIRS system.
    Contingency Measures: EPA interprets section 110(a)(1) of the CAA
to require that the state develop a contingency plan that will ensure
that any violation of a NAAQS is promptly corrected. The purposes of
the contingency measures, as outlined in West Virginia's maintenance
plan, is to accordingly select and adopt one or more measures outlined
in the maintenance plan so as to assure continued attainment in the
event that a violation of the ozone NAAQS is measured. Violation of the
8-hour ozone standard would trigger one or more of the control measures
outlined in the plan.
    Approval of two amendments to West Virginia's existing 1-hour
maintenance plan has also been requested by WVDEP. Section 175A(b)
requires that maintenance plans be updated. The 1-hour maintenance plan
for Greenbrier County extends to 2005, but no update has been
developed. West Virginia identifies the most important reason for this
being that available resources are being devoted to attainment and
maintenance of the 8-hour standard since the 8-hour standard is
considered by the State to be more protective than the former 1-hour
standard upon which the current maintenance plan is based. As such,
West Virginia is amending this existing maintenance plan, which is
codified at 40 CFR 52.2520(e), for the Greenbrier County 1-hour
maintenance area by removing the State's obligation to submit a
maintenance plan for the 1-hour NAAQS eight years after approval of the
initial 1-hour maintenance plan, and is requesting approval of these
amendments.

III. Final Action

    EPA is approving the SIP revisions submitted by WVDEP pertaining to
their section 110(a)(1) 8-hour ozone maintenance plan for Greenbrier
County, West Virginia. This plan demonstrates how the State intends to
maintain the 8-hour NAAQS for ozone. Additionally, EPA is concurrently
approving two amendments to the existing 1-hour ozone maintenance plan:
(1) Removal of the obligation to submit a maintenance plan for the 1-
hour NAAQS 8 years after approval of the initial 1-hour maintenance
plan; and (2) removal of the State's obligation to implement
contingency measures upon a violation of the 1-hour NAAQS.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
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 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal
standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 10, 2008. 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 approving the section 110(a)(1) 8-hour Ozone Maintenance
Plan for Greenbrier County, West Virginia, and concurrent approval of
two amendments to the existing 1-hour ozone maintenance plan may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: December 19, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by:
0
a. Revising the existing entry for Ozone Maintenance Plan & contingency
measures (Greenbrier County).
0
b. Adding an entry for the 8-hour Ozone Maintenance plan for Greenbrier
County, WV, at the end of the table.
    The amendments read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Applicable geographic        State
 Name of non-regulatory SIP revision            area           submittal date     EPA approval date                  Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Ozone Maintenance Plan & contingency  Greenbrier County......          9/9/94  8/4/95, 60 FR 39857....  52.2565(c)(36)
 measures.

                                                                      * * * * * * *
                                                                     11/29/06  1/8/08, [Insert page     Action includes (a) removal of the obligation to
                                                                                number where the         submit a maintenance plan eight years after
                                                                                document begins].        initial approval, and (b) removal of the
                                                                                obligation to implement contingency measures
                                                                                upon a violation of the NAAQS

                                                                      * * * * * * *
8-Hour Ozone Maintenance Plan for     Greenbrier County......        11/29/06  1/8/08, [Insert page
 Greenbrier County, WV.                                                         number where the
                                                                                document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E7-25640 Filed 1-7-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75091-75092]
[FR Doc No: 2015-30398]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-148-000]

Tennessee Gas Pipeline Company, L.L.C; Notice of Schedule for
Environmental Review of the Susquehanna West Project

    On April 2, 2015, Tennessee Gas Pipeline Company, L.L.C. (TGP)
filed an application in Docket No. CP15-148-000 requesting
authorization pursuant to section 7(c) of the Natural Gas Act to
construct and operate certain natural gas pipeline facilities. The
proposed project is known as the Susquehanna West Project (Project),
and would deliver an additional 145,000 dekatherms per day of natural
gas. According to TGP, its project would meet market needs in the
northeast U.S., which have been capacity constrained.
    On April 13, 2015, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application

for the Project. Among other things, that notice alerted agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on a request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's Environmental Assessment (EA) for the Project. This
instant notice identifies the FERC staff's planned schedule for the
completion of the EA for the Project.

Schedule for Environmental Review

Issuance of EA, February 23, 2016
90-day Federal Authorization Decision Deadline, May 23, 2016

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    TGP is proposing to construct 8.1 miles of new 36-inch-diameter
looping \1\ pipeline in two segments in Tioga County, Pennsylvania;
relocation of an existing 16,000 horsepower compressor unit from
Compressor Station 319 to Compressor Station 317, both located in
Bradford County, Pennsylvania, resulting in an increase of 16,000
horsepower at Compressor Station 317; replacement of an existing
compressor unit at Compressor Station 319 with a new 20,500 horsepower
compressor unit, resulting in an increase of 4,500 horsepower at
Compressor Station 319; and certain piping and equipment modifications
associated with the pipeline loops at Compressor Stations 315, 317, and
319.
---------------------------------------------------------------------------

    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
---------------------------------------------------------------------------

Background

    On June 10, 2015, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Susquehanna West
Project and Request for Comments on Environmental Issues (NOI). The NOI
was sent to affected landowners; federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; other interested parties; and local libraries
and newspapers. In response to the NOI, the Commission received
comments from the Pennsylvania Department of Environmental Protection;
Pennsylvania Department of Conservation and Natural Resources;
Pennsylvania Department of Transportation; Stockbridge-Munsee Tribal
Historic Preservation Office; and the Allegheny Defense Project. The
primary environmental issues raised during scoping relate to impacts on
wetlands and waterbodies, fish, wildlife, cultural resources, air
quality, and impacts associated with road crossings.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP15-148), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.

    Dated: November 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30398 Filed 11-30-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16592-16593]
[FR Doc No: 2021-06479]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC21-67-000.
    Applicants: Ventura Energy Storage, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Ventura Energy Storage, LLC.
    Filed Date: 3/22/21.

    Accession Number: 20210322-5462.
    Comments Due: 5 p.m. ET 4/12/21.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG21-112-000.
    Applicants: Maverick Solar 6, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Maverick Solar 6, LLC.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5405.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: EG21-113-000.
    Applicants: Samson Solar Energy LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Samson Solar Energy LLC.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5454.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: EG21-114-000.
    Applicants: Hawtree Creek Farm Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Hawtree Creek Farm Solar, LLC.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5455.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: EG21-115-000.
    Applicants: Maverick Solar 7, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Maverick Solar 7, LLC.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5456.
    Comments Due: 5 p.m. ET 4/12/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3117-009; ER10-3115-008; ER11-4060-010; ER11-
4061-010; ER13-445-010; ER14-2823-008; ER15-1170-006; ER15-1171-006;
ER15-1172-006; ER15-1173-006.
    Applicants: Lea Power Partners, LLC, Waterside Power, LLC, Badger
Creek Limited, Double C Generation Limited Partnership, High Sierra
Limited, Kern Front Limited, Bear Mountain Limited, Chalk Cliff
Limited, Live Oak Limited, McKittrick Limited.
    Description: Notice of Change in Status of Lea Power Partners, LLC,
et al.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5472.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: ER20-844-001.
    Applicants: Hamilton Projects Acquiror, LLC.
    Description: Notice of Non-Material Change in Status of Hamilton
Projects Acquiror, LLC.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5516.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: ER20-1776-001.
    Applicants: Yards Creek Energy, LLC.
    Description: Compliance filing: Reactive Service Rate Schedule
Compliance Filing to be effective 3/5/2021.
    Filed Date: 3/23/21.
    Accession Number: 20210323-5027.
    Comments Due: 5 p.m. ET 4/13/21.

    Docket Numbers: ER21-726-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Response to the Commission's 2/18/
2021 Deficiency Letter re: 2021 Annual RTEP to be effective 1/1/2021.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5277.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: ER21-1498-000.
    Applicants: Hawtree Creek Farm Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization, Request for Related Waivers to be effective 5/22/
2021.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5296.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: ER21-1499-000.
    Applicants: ADG Group Inc.
    Description: Notice of Cancellation of Market Based Rate Tariff of
ADG Group Inc.
    Filed Date: 3/22/21.
    Accession Number: 20210322-5458.
    Comments Due: 5 p.m. ET 4/12/21.

    Docket Numbers: ER21-1500-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Cancellation: Notice of Cancellation of Rate
Schedule FERC No. 171 to be effective 3/24/2021.
    Filed Date: 3/23/21.
    Accession Number: 20210323-5032.
    Comments Due: 5 p.m. ET 4/13/21.

    Docket Numbers: ER21-1501-000.
    Applicants: Sandy Ridge Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Rate Service as
Rate Schedule FERC No. 1 to be effective 5/24/2021.
    Filed Date: 3/23/21.
    Accession Number: 20210323-5135.
    Comments Due: 5 p.m. ET 4/13/21.

    Docket Numbers: ER21-1502-000.
    Applicants: Maverick Solar 6, LLC.
    Description: Baseline eTariff Filing: Initial Market-Based Rate
Petition of Maverick Solar 6 to be effective 4/30/2021.
    Filed Date: 3/23/21.
    Accession Number: 20210323-5147.
    Comments Due: 5 p.m. ET 4/13/21.

    Docket Numbers: ER21-1503-000.
    Applicants: Maverick Solar 7, LLC.
    Description: Baseline eTariff Filing: Initial Market-Based Rate
Petition of Maverick Solar 7 to be effective 4/30/2021.
    Filed Date: 3/23/21.
    Accession Number: 20210323-5155.
    Comments Due: 5 p.m. ET 4/13/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 23, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-06479 Filed 3-29-21; 8:45 am]
BILLING CODE 6717-01-P