[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1333-1335]
[FR Doc No: 2021-28579]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0621; Project Identifier MCAI-2020-01517-T;
Amendment 39-21849; AD 2021-25-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-25-
16, which applied to certain Airbus Defense and Space S.A. Model CN-
235, CN-235-200, and CN-235-300 airplanes. AD 2018-25-16 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2018-25-16, the FAA has determined that additional
new or more restrictive airworthiness limitations, including
inspections for discrepancies (cracking) of certain structural
elements, are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, and
repetitive inspections for discrepancies (cracking) of certain
structural elements and corrective actions; as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective February 15, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 15,
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0621.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0621; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0251, dated November 11, 2020
(EASA AD 2020-0251) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus Defense and Space S.A. Model CN-235,
CN-235-100, CN-235-200, and CN-235-300 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-25-16, Amendment 39-19527 (83 FR
64441, December 17, 2018) (AD 2018-25-16). AD 2018-25-16 applied to
certain Airbus Defense and Space S.A. Model CN-235, CN-235-200, and CN-
235-300 airplanes. The NPRM published in the Federal Register on August
9, 2021 (86 FR 43437). The NPRM was prompted by a determination that
additional new or more restrictive airworthiness limitations, including
inspections for discrepancies (cracking) of certain structural
elements, are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, and
repetitive inspections for discrepancies (cracking) of certain
structural elements and corrective actions, as specified in EASA AD
2020-0251.
    The FAA is issuing this AD to address fatigue cracking, damage, and
corrosion in principal structural elements; such fatigue cracking,
damage, and corrosion could result in reduced structural integrity of
the airplane. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Additional Changes Made to This AD

    The FAA has revised paragraph (c) of this AD to remove the
inadvertent reference to an airplane's original airworthiness
certificate or original export certificate of airworthiness issued on
or before March 20, 2018, from the applicability. As explained in the
preamble of the NPRM, the intention was to follow the EASA AD 2020-
0251's intent. None of the airplanes in the current U.S. fleet have an
original airworthiness certificate or original export certificate of
airworthiness issued after March 20, 2018. This change does not add any
further requirements on any airplane on the U.S. registry, therefore,
re-opening the public comment period to provide notice and opportunity
for prior public comment are unnecessary, pursuant to 5 U.S.C
553(b)(3). However, paragraphs (h)(5) and (6) of this AD do retain the
reference to an airplane's original airworthiness certificate or
original export certificate of airworthiness issued on or before March
20, 2018. Those paragraphs state the FAA requirements in regards to
maintenance or inspection program revisions to incorporate
airworthiness limitations and are separate from the repetitive
inspections that apply to all airplanes. Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after March 20, 2018, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet. Therefore, this AD
does not include those airplanes in the requirement to revise the
existing maintenance or inspection program.

Conclusion

    The FAA reviewed the relevant data, and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any

operator. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0251 specifies new or more restrictive airworthiness
limitations for airplane systems, structural inspections, safe life
structural items, and safe life system items. EASA AD 2020-0251 also
describes repetitive inspections for discrepancies (cracking) of
certain structural elements and corrective action (repair). This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 8 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. The FAA estimates the total cost per operator for the new
actions to be $7,650 (90 work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
New inspections.......................  60 work-hours x $85 per               $0          $5,100         $40,800
                                         hour = $5,100.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2018-25-16, Amendment 39-19527
(83 FR 64441, December 17, 2018); and
0
b. Adding the following new AD:

2021-25-06 Airbus Defense and Space S.A. (Formerly Known as
Construcciones Aeronauticas, S.A.): Amendment 39-21849; Docket No.
FAA-2021-0621; Project Identifier MCAI-2020-01517-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 15,
2022.

(b) Affected ADs

    This AD replaces AD 2018-25-16, Amendment 39-19527 (83 FR 64441,
December 17, 2018) (AD 2018-25-16).

(c) Applicability

    This AD applies to all Airbus Defense and Space S.A. (formerly
known as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-
100, CN-235-200, and CN-235-300 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; and 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations, including inspections for
discrepancies (cracking) of certain structural elements, are
necessary. The FAA is issuing this AD to address fatigue cracking,
damage, and corrosion in principal structural elements; such fatigue
cracking, damage, and corrosion could result in reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0251, dated November 11, 2020 (EASA AD 2020-0251).

(h) Exceptions to EASA AD 2020-0251

    (1) Where EASA AD 2020-0251 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraph (4) of EASA AD 2020-
0251 do not apply to this AD.
    (3) Where paragraph (5) of EASA AD 2020-0251 specifies actions
if discrepancies are found while accomplishing any task ``required
by paragraph (1), (2), (3) or (4) of this [EASA] AD,'' this AD
requires actions if discrepancies are found while accomplishing

any task ``required by paragraph (1), (2), or (3) of EASA AD 2020-
0251.''
    (4) Where paragraph (5) of EASA AD 2020-0251 specifies actions
``in case of finding discrepancies,'' for this AD, discrepancies
include fatigue cracking.
    (5) Paragraph (6) of EASA AD 2020-0251 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires, for airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before March 20, 2018, revising the existing maintenance or
inspection program, as applicable, to incorporate the ``limitations,
tasks and associated thresholds and intervals'' specified in
paragraph (6) of EASA AD 2020-0251 within 90 days after the
effective date of this AD.
    (6) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
March 20, 2018, the initial compliance time for doing the tasks
specified in paragraph (6) of EASA AD 2020-0251 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (6)
of EASA AD 2020-0251, or within 90 days after the effective date of
this AD, whichever occurs later.
    (7) The provisions specified in paragraphs (7) and (8) of EASA
AD 2020-0251 do not apply to this AD.
    (8) The ``Remarks'' section of EASA AD 2020-0251 does not apply
to this AD.

(i) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0251.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0251
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
Defense and Space S.A.'s EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

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

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0251,
dated November 11, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0251, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-28579 Filed 1-10-22; 8:45 am]
BILLING CODE 4910-13-P


	Ceritfication in Indian Country_Yurok feedback
	Suzanne Fluharty
	to:  Nicole Zinn
	12/20/2010 07:36 PM
	Cc:  Mary Powell, Kathleen Sloan

Greetings,
I'm sending you my verbal comments to the Proposed Federal Plan for Certifying Restricted Use Pesticide Applicators within Indian Country as you requested during the Dec 13th conference call.
The first being that the Yurok Tribe reserves the right to one on one consultation as per Executive Order 13175.  I must declare this to you as directed by the Yurok Legal Department in light of the short time frame between your consultation letter of October 25 and the conference calls you scheduled.  In order for staff to formally represent the Yurok Tribe in any Government to Government communication requires Tribal Council approval of the comments.  To begin this process staff must draw up a review of the item and make recommendations, then an internal review and comment by any effected Yurok Departments is required, they are then reviewed by the Yurok Executive Director who decides if the comments are appropriate and ready to submit as a Council Action Item.  Then they are placed on the Council docket which may take from 2 weeks to a month before a Council Meeting where they can be discussed and any action decided.
I am sure that if you consider and compare the time it took your office to draw up the plan and the general timing of Federal legislative action, you too will realize the time period that you have given for consultation and comment to be inadequate.
Regardless, as I am the Environmental Specialist with the Yurok Tribe assigned to Environmental Health and Pesticide issues, concerns, and education, I am able to give general feedback and one of the most glaring issues is that despite its title that includes "in Indian Country," there is very little language that differentiates the application of RUPs in Indian Country as compared to the States in general.
The Plan needs to include the language "in Indian Country" through out the document and also address explicitly the meaning, responsibilities, enforcement, and penalties to applicators "in Indian Country."  An example of where it is needed is in section III Background; bullet 2)...the proper use of RUPs in Indian Country (italics to be added language).
 If the Plan is adopted, you will be certifying applicators as competent to apply in Indian Country. As such, it must be explicitly stated that it is the responsibility of the applicators to know the applicable tribal ordinances, codes, laws, and regulations of the tribes in the Region for which they are being certified, otherwise they are blatantly NOT competent to apply RUPs in Indian Country!  This should be made clear in Section V Applicability of the Plan; Whereas, some Tribes may also choose to further restrict or prohibit the use of RUPs, it is the responsibility of the applicator to know...etc.
In section VII Lead Agency, first bullet; EPA Regions will administer routine maintenance activities, including application processing, database management, recordkeeping, and program oversight...including a publicly available database containing Tribes by EPA Region, along with contact information, and any  pertinent ordinances, codes, laws, and regulations.
In section VIII Applicator Requirements; A. Private Applicators; bullet 2) Submits documentation of physical attendance and completion of an EPA approved training and self-study evaluation...that includes examples of a range of pertinent Tribal regulations and how to obtain contact information for the Tribes within their EPA Region.
This sort of explicit language, training, and enforcement should be carried out throughout, including section X Certification Procedures. Also some clause should be in section XI Enforcement of the Plan to the effect that should Certified Applicators be found to be applying RUPs in contradiction of pertinent Tribal ordinances, codes, laws, and regulations EPA will revoke their certification to apply in Indian Country.
Thank you for your time in considering these issues and I look forward to seeing how they will be incorporated into the Plan. Please contact me when the next draft is completed so the Yurok Tribe can have sufficient time to respond formally.  If there any questions or concerns that I might help with, please feel free to contact me.
Respectfully,
Dr. Suzanne Fluharty

Wok-hlaw'
Suzanne Fluharty
Environmental Specialist
Envir. Health and Pesticides
Yurok Tribe Environmental Program
15900 Hwy 101 N.
Klamath, CA  95548

Phone<PHONE_NUMBER> ext 1013
Cell<PHONE_NUMBER>
Email<EMAIL_ADDRESS>


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72416-72419]
[FR Doc No: 2022-25695]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1483; Project Identifier MCAI-2022-00435-T]
RIN 2120-AA64

Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. This proposed AD was prompted by a report from the
supplier of a manufacturing quality escape in which some sensing
elements were manufactured with insufficient salt fill. This could
result in an inability to detect hot bleed air leaks. This proposed AD
would require, depending on airplane serial number, reviewing the
airplane maintenance records for affected bleed leak detection system
sensing elements, testing the sensing elements, replacing those that
fail, and witness marking those that pass, as specified in a Transport
Canada Civil Aviation (TCCA) AD, which is proposed for incorporation by
reference. 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 January 9,
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-2022-1483; 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 TCCA material that will be incorporated by reference
(IBR) in this AD, contact TCCA, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada;
telephone<PHONE_NUMBER>; email [email protected]; website tc.canada.ca/en/
aviation.
     For Kidde Aerospace & Defense service information
identified in this NPRM, contact Kidde Aerospace & Defense, 4200
Airport Drive NW, Building B, Wilson, NC 27896; telephone: 319-295-
5000; website: kiddetechnologies.com/aviation.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: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<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-2022-1483; Project Identifier
MCAI-2022-00435-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
this 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
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<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

    TCCA, which is the aviation authority for Canada, has issued TCCA
AD CF-2022-13, dated March 28, 2022 (TCCA AD CF-2022-13) (also referred
to as the MCAI), to correct an unsafe condition for certain Airbus
Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes.
The MCAI states that Airbus Canada Limited Partnership received
disclosure letters from the supplier that reported a manufacturing
quality escape in which some of the overheat detection sensing elements
were manufactured with insufficient salt fill. These sensing elements
are used by the bleed air leak detection system for temperature
detection in the event of a hot bleed air leak. Insufficient salt fill
can result in an inability to detect hot bleed air leaks, which can
cause damage to surrounding structures and systems that could prevent
continued safe flight and landing.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1483.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2022-13 specifies procedures for, depending on airplane
serial number, reviewing the airplane maintenance records for affected
bleed leak detection system sensing elements, testing the sensing
elements, replacing those that fail, and witness marking those that
pass. TCCA AD CF-2022-13 also prohibits the installation of any
affected parts unless it is a serviceable part.
    Kidde Aerospace & Defense Service Bulletin CFD-26-1, Revision 6,
dated February 28, 2022, specifies affected continuous fire detector
(CFD) part numbers and testing procedures.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in TCCA AD CF-2022-13 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate TCCA AD CF-2022-13 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
TCCA AD CF-2022-13 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by TCCA AD CF-2022-13
for compliance will be available at regulations.gov under Docket No.
FAA-2022-1483 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 69 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                Parts cost           Cost per product           Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 125 work[dash]hours x $85 per               0  Up to $10,625................  Up to $552,500.
 hour = $10,625 (for Group A, 52
 airplanes).
Up to 1 work[dash]hours x $85 per                 0  Up to $85....................  Up to $1,445.
 hour = $85 (for Group B, 17
 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
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 58 work-hours x $85 per hour =      Up to $101,045....................  Up to $105,975.
 $4,930 (for Group A airplanes).
Up to 183 work-hours x $85 per hour =     Up to $101,045....................  Up to $116,600.
 $15,555 (for Group B airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness
directive:

Airbus Canada Limited Partnership (Type Certificate Previously Held
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):
Docket No. FAA-2022-1483; Project Identifier MCAI-2022-00435-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category, as
identified in Transport Canada Civil Aviation (TCCA) AD CF-2022-13,
dated March 28, 2022 (TCCA AD CF-2022-13).

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report from the supplier of overheat
detection sensing elements that there was a manufacturing quality
escape in which some sensing elements were manufactured with
insufficient salt fill. The FAA is issuing this AD to address
insufficient salt fill of the

overheat detection sensing elements. The unsafe condition, if not
addressed, could result in an inability to detect hot bleed air
leaks, which can cause damage to surrounding structures and systems
that could prevent continued safe flight and landing.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, TCCA AD CF-2022-13.

(h) Exception to TCCA AD CF-2022-13

    (1) Where TCCA AD CF-2022-13 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where TCCA AD CF-2022-13 refers to hours air time, this AD
requires using flight hours.
    (3) Where TCCA AD CF-2022-13 defines ``Affected part'' and
refers to part numbers in a certain service bulletin, for this AD,
operators must use Kidde Aerospace and Defense Service Bulletin CFD-
26-1, Revision 6, dated February 28, 2022, to determine the part
number.
    (4) Where ``Part I'' of TCCA AD CF-2022-13 specifies the parts
installation prohibition for certain airplanes, replace the text
``associated with Part A through Part J of the first SB or Part A
through Part C of the second SB'' with ``associated with Part A
through Part J of ACLP SB BD500-362002 Issue 001, dated February 18,
2022, or Part A through Part C of ACLP SB BD500-362003 Issue 001,
dated February 18, 2022.''

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Airbus Canada Limited Partnership's TCCA
Design Approval Organization (DAO). If approved by the DAO, the
approval must include the DAO-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(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.

(j) Additional Information

    For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].

(k) 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.
    (i) Transport Canada Civil Aviation (TCCA) AD CF-2022-13, dated
March 28, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-1
Revision 6, dated February 28, 2022.
    (3) For TCCA AD CF-2022-13, contact TCCA, Transport Canada
National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone<PHONE_NUMBER>; email [email protected]; website tc.canada.ca/en/aviation.
    (4) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone:<PHONE_NUMBER>; website:
kiddetechnologies.com/aviation.com.
    (5) 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>.
    (6) 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 November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25695 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Rules and Regulations]
[Pages 2063-2067]
[FR Doc No: 2018-27907]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0383; FRL-9988-37-Region 5]

Air Plan Approval; Illinois; Nonattainment New Source Review
Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
State Implementation Plan (SIP) revision, Illinois' certification that
its SIP satisfies the nonattainment new source review (NNSR)
requirements of the Clean Air Act (CAA) for the 2008 8-hour ozone
National Ambient Air Quality Standard (``NAAQS'' or ``Standard''). This
action permanently stops the Federal Implementation Plan (FIP) clocks
triggered by EPA's February 3 and December 11, 2017 findings that
Illinois failed to submit an NNSR plan for the Illinois portion of the
Chicago-Naperville, Illinois-Indiana-Wisconsin area (Chicago
Nonattainment Area).

DATES: This final rule is effective on March 8, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0383. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, 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
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone David Ogulei, Environmental Engineer, at (312) 353-
0987 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: David Ogulei, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. Summary of EPA Analysis
III. What comments did we receive on the proposed rule?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
    A. General Requirements
    B. Submission to Congress and the Comptroller General
    C. Petitions for Judicial Review

I. Background

    On March 6, 2015, EPA issued a final rule titled ``Implementation
of the 2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Requirements'' (SIP Requirements Rule), which
detailed the requirements that state, tribal, and local air quality
management agencies must meet as they develop implementation plans for
areas where air quality exceeds the 2008 8-hour ozone NAAQS. See 80 FR
12264 (March 6, 2015).\1\ Areas that were

designated as marginal ozone nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS no later than 36 months after the
effective date of area designations for the 2008 8-hour ozone NAAQS
(i.e., July 20, 2015), based on 2012-2014 monitoring data. See 80 FR
12268 and 40 CFR 51.1103.
---------------------------------------------------------------------------

    \1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology
(RACT), reasonably available control measures (RACM), major new
source review (NSR), emission inventories, and the timing of SIP
submissions and of compliance with emission control measures in the
SIP. The rule also revokes the 1997 ozone NAAQS and establishes
anti-backsliding requirements.
---------------------------------------------------------------------------

    EPA classified the Chicago Nonattainment Area as a marginal
nonattainment area for the 2008 8-hour ozone NAAQS on June 11, 2012
(effective July 20, 2012) using certified ambient air quality
monitoring data from calendar years 2009-2011. See 77 FR 34221. The
Chicago Nonattainment Area includes Cook, DuPage, Kane, Lake, McHenry,
and Will Counties and parts of Grundy and Kendall Counties in Illinois;
Lake and Porter Counties in Indiana; and part of Kenosha County in
Wisconsin.
    On May 4, 2016, pursuant to section 181(b)(2) of the CAA, EPA
determined that the Chicago Nonattainment Area failed to attain the
2008 8-hour ozone NAAQS by the July 20, 2015 marginal area attainment
deadline and did not meet the CAA section 181(a)(5) criteria, as
interpreted in 40 CFR 51.1107, for a 1-year attainment date extension.
See 81 FR 26697 (May 4, 2016). Thus, EPA reclassified this area by
operation of law as moderate for the 2008 8-hour ozone NAAQS. Id.\2\ In
that action, EPA established January 1, 2017, as the due date for the
State to submit all moderate area nonattainment plan SIP requirements
applicable to newly reclassified areas.\3\
---------------------------------------------------------------------------

    \2\ The Metro-East area also did not attain the 2008 8-hour
ozone NAAQS by July 20, 2015; however, EPA found that area to be
eligible for a 1-year attainment date extension, for a new
attainment date of July 20, 2016. See 81 FR 26697 (May 4, 2016). The
Metro-East area includes the Illinois portion of the St. Louis-St.
Charles-Farmington, Missouri-Illinois ozone nonattainment area,
which includes Madison, Monroe and St. Clair Counties in Illinois,
and Franklin, Jefferson, St. Charles, and St. Louis Counties and the
City of St. Louis in Missouri.
    \3\ On November 14, 2018, EPA proposed to determine that the
Illinois portion of the Chicago Nonattainment Area failed to attain
the 2008 ozone NAAQS by the attainment date; thus, the Illinois
portion of the Chicago area will be reclassified by operation of law
to ``serious'' upon the effective date of the final reclassification
notice. See 83 FR 56781. Consequently, Illinois must submit a SIP
revision to satisfy the statutory and regulatory requirements for
serious areas for the 2008 ozone NAAQS by the submission deadlines
established in the final reclassification notice. Today's action
only addresses the moderate and marginal area SIP requirements as
addressed by the February 3 and December 11, 2017 findings.
---------------------------------------------------------------------------

    As explained in the SIP Requirements Rule, Illinois was required to
develop a SIP revision addressing NNSR requirements for its marginal
ozone nonattainment areas by July 20, 2015. See 80 FR 12266 (March 6,
2015). Additionally, because the Chicago Nonattainment Area was
reclassified to moderate nonattainment, Illinois was required to submit
a moderate area NNSR SIP by January 1, 2017. See 81 FR 26697 (May 4,
2016).\4\ NNSR is a preconstruction review permit program that applies
to new major stationary sources or major modifications at existing
sources located in a nonattainment area. See CAA sections 172(c)(5),
173 and 182. The NNSR requirements for the 2008 8-hour ozone NAAQS are
located in 40 CFR 51.160-165.
---------------------------------------------------------------------------

    \4\ Illinois' obligation to submit the NNSR SIP was not affected
by the D.C. Circuit Court's February 16, 2018 decision on portions
of the SIP Requirements Rule in South Coast Air Quality Mgmt. Dist.
v. EPA, 882 F.3d 1138 (D.C. Cir. Feb. 16, 2018).
---------------------------------------------------------------------------

    On February 3, 2017, EPA found that 15 states and the District of
Columbia failed to submit SIP revisions to satisfy certain
nonattainment plan requirements for the 2008 ozone NAAQS. See 82 FR
9158. EPA found, inter alia, that Illinois failed to timely submit a
SIP revision to satisfy marginal NNSR requirements for the Chicago and
Metro-East ozone nonattainment areas. In addition, on December 11,
2017, EPA found, inter alia, that Illinois failed to timely submit a
revision to its SIP to satisfy moderate NNSR requirements for the
Chicago Nonattainment Area. See 82 FR 58118.
    The February 3 and December 11, 2017 findings established certain
deadlines for the imposition of sanctions if Illinois does not submit a
timely SIP revision addressing the requirements for which EPA made the
findings, as well as deadlines for EPA to promulgate a FIP to address
any outstanding SIP requirements. Specifically, Illinois was required
to submit a complete SIP addressing the deficiencies that were the
basis for each finding within 18 months of the effective dates of the
findings (i.e., September 6, 2018 and July 10, 2019, respectively) so
as to avoid triggering, pursuant to CAA section 179(a) and (b) and 40
CFR 52.31, the offset sanction identified in CAA section 179(b)(2) in
the affected nonattainment area. Additionally, these rules triggered
the requirement for EPA to promulgate a FIP for the affected
nonattainment area if EPA does not take final action to approve the
State's submittal within 2 years of the effective date of the findings
(i.e., March 6, 2019, and January 10, 2020, respectively).
    On March 1, 2018, EPA redesignated the Metro-East area to
attainment for the 2008 8-hour ozone NAAQS because EPA found this area
to have met the statutory requirements for redesignation to attainment
under the CAA. See 83 FR 8756 (March 1, 2018). In that action, EPA also
approved, as a revision to the Illinois SIP, Illinois' plan for
maintaining the 2008 ozone NAAQS through calendar year 2030 in the
Metro-East area. NNSR SIP revisions are no longer required if an area
is redesignated to attainment; the CAA's Prevention of Significant
Deterioration (PSD) program requirements apply in lieu of NNSR. See 82
FR 9160 n. 16 (February 3, 2017). Because the Metro-East area is now
designated attainment, a NNSR SIP is not required for this area.
    On May 23, 2018, the Illinois Environmental Protection Agency
(IEPA) submitted a SIP revision requesting EPA's approval of Illinois'
certification that its existing SIP-approved NNSR regulations fully
satisfy the NNSR requirements set forth in 40 CFR 51.165 for both
marginal and moderate ozone nonattainment areas for the 2008 ozone
NAAQS. IEPA certified that its existing NNSR program covering its ozone
nonattainment areas for the 2008 8-hour ozone NAAQS, including the
Chicago Nonattainment Area, contains the NNSR elements required by 40
CFR 51.165, as amended by the SIP Requirements Rule, for ozone and its
precursors. IEPA certified that it already complies with CAA sections
172(c)(5) and 182(a)(2)(C), which require states that have been
designated nonattainment for an ozone NAAQS to submit plans or plan
revisions containing certain required elements, including permit
programs for the construction and operation of new or modified
stationary sources in the nonattainment area. Specifically, IEPA
certified that its existing NNSR regulations in Title 35 of Illinois
Administrative Code Part 203 (35 IAC Part 203, Major Stationary Sources
Construction And Modification) fully satisfy the NNSR requirements set
forth in 40 CFR 51.165 for both marginal and moderate ozone
nonattainment areas because they contain all NNSR SIP elements required
by 40 CFR 51.165 for its ozone nonattainment areas.
    On October 9, 2018, EPA issued a notice of proposed rulemaking
(proposed rule) in which we proposed to find that IEPA's submittal
addresses Illinois' obligations as described in the February 3 and
December 11, 2017

findings. See 83 FR 50551. Specifically, we proposed to conclude that
Illinois' submittal fulfills the 40 CFR 51.1114 revision requirement,
meets the requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165, as well as Illinois' obligations under
EPA's February 3 and December 11, 2017 findings.

II. Summary of EPA Analysis

    The minimum SIP requirements for NNSR permitting programs for the
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR
51.1114. These NNSR program requirements include those promulgated in
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (70 FR
71612, November 29, 2005) and the SIP Requirements Rule implementing
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each
ozone nonattainment area must contain NNSR provisions that: set major
source thresholds for nitrogen oxides (NOX) and volatile
organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (a)(1)(iv)(A)(2); classify physical changes as a major source
if the change would constitute a major source by itself pursuant to 40
CFR 51.165(a)(1)(iv)(A)(3); consider any significant net emissions
increase of NOX as a significant net emissions increase for
ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases
of VOC emissions in extreme ozone nonattainment areas as a significant
net emissions increase and a major modification for ozone pursuant to
40 CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2);
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii)
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008
8-hour ozone NAAQS, the SIP for each ozone nonattainment area
designated nonattainment for the 2008 8-hour ozone NAAQS and designated
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also
contain NNSR provisions that include the anti-backsliding requirements
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
    Illinois' NNSR rules, as set forth in 35 IAC Part 203, are designed
to ensure that the construction of a major new source of air pollution
or a large increase of emissions at an existing source does not
interfere with the attainment demonstration and does not delay timely
achievement of the ambient air quality standards. The rules require
owners or operators of major projects to: (1) Apply the Lowest
Achievable Emission Rate (LAER) or, for certain existing sources, the
Best Available Control Technology (BACT) on emissions of the
nonattainment pollutant from the major project; (2) offset the
emissions of the nonattainment pollutant from a major project by
emission reductions from other sources in the nonattainment area; (3)
demonstrate that other sources in Illinois which are under common
ownership or control with the person proposing the project are in
compliance with the CAA; and (4) analyze alternatives to the particular
project to determine whether the benefits of the project outweigh the
environmental and social costs.
    EPA last approved revisions to Illinois' NNSR rules on May 13,
2003. See 68 FR 25504.\5\ In that action, EPA approved amendments to 35
IAC 203 to better track the language of CAA sections 182(c)(6), (7),
and (8). See 68 FR 25505. The changes dealt with how one determines
whether a proposed change at a source is a major modification.
---------------------------------------------------------------------------

    \5\ For other relevant approvals, see 45 FR 11470 (February 21,
1980); 46 FR 44172 (September 3, 1981); 50 FR 38803 (September 25,
1985); 51 FR 10837 (March 31, 1986); 57 FR 59928 (December 17,
1992); and 60 FR 49778 (September 27, 1995).
---------------------------------------------------------------------------

    Based on our review of the NNSR checklist that IEPA incorporated
into its submittal, and the version of 35 IAC 203 approved into the
Illinois SIP, we are finding that Illinois' SIP-approved NNSR program
at 35 IAC 203 contains the minimum required NNSR elements as specified
in 40 CFR 51.165 for Illinois' ozone nonattainment areas. We are
approving Illinois' certification that 35 IAC 203 is consistent with 40
CFR 51.165 and meets the requirements of CAA sections 172(c)(5), 173,
110(a)(2), 182(a)(4) and 182(b)(5) under the 2008 ozone standard for
the Illinois portion of the Chicago Ozone Nonattainment Area. While
some of Illinois' regulations are worded or organized differently than
the Federal counterparts, EPA finds that these differences do not
affect the relative stringency of such provisions.
    The following table lists the specific provisions of Illinois' NNSR
rules that EPA finds to address the required elements of the Federal
NNSR rules:

------------------------------------------------------------------------
            Federal rule                        Illinois rule
------------------------------------------------------------------------
40 CFR 51.165(a)(1)(iv)(A)(1)(i)-    35 IAC 203.206(b).
 (iv), (a)(1)(iv)(A)(2).
40 CFR 51.165(a)(1)(iv)(A)(3)......  35 IAC 203.206(c).
40 CFR 51.165(a)(1)(v)(E)..........  35 IAC 203.207(b).
40 CFR 51.165(a)(1)(v)(F)..........  35 IAC 203.207(f).
40 CFR 51.165(a)(1)(x)(A)-(C); (E).  35 IAC 203.207(d), (e) and (f), and
                                      203.209(a) and (b).
40 CFR 51.165(a)(3)(ii) (C)(1) and   35 IAC 203.302(a), 203.303(b) and
 (2).                                 (f), 203.602, and 203.701.
40 CFR 51.165(a)(8)................  35 IAC 203.206(b), 203.207(b), (d),
                                      (e) and (f), 203.209(a) and (b),
                                      203.30l(e) and (f), and 203.302.
40 CFR 51.165(a)(9)(ii), (iv)......  35 IAC 203.302(a).
------------------------------------------------------------------------

III. What comments did we receive on the proposed rule?

    Our October 9, 2018 proposed rule (83 FR 50551) provided a 30-day
public review and comment period. During the comment period, which
closed on November 8, 2018, we received one set of comments. Although
the commenter generally supported our proposal, the commenter also
raised concerns that we address below.
    Comment: The commenter asserts that due to potential increased
health risks to vulnerable communities, new VOC emissions should not be
permitted in extreme ozone nonattainment areas pursuant to 40 CFR
51.165(a)(1)(v)(F). The commenter suggests that instead of issuing new
source review (NSR) permits in extreme nonattainment areas, any VOC
emissions increases should be banned, and fines should be assessed for
each additional ton of VOC emitted within the extreme nonattainment
area. The commenter urges Illinois to revise its SIP to eliminate the
provisions for

permitting of new emissions in extreme ozone nonattainment areas.
    EPA Response: As we discussed at proposal, our review of Illinois'
submittal is limited to the extent to which Illinois' existing NNSR
regulations are consistent with the underlying Federal requirements for
the 2008 8-hour ozone NAAQS as set forth in 40 CFR 51.160-51.165. EPA
is not, through this action, revising the underlying Federal
requirements.
    Under 40 CFR 51.165(a)(1)(v)(F), if a major stationary source of
VOC is located in an extreme ozone nonattainment area that is subject
to subpart 2 of part D of title 1 of the CAA, any physical change in,
or change in the method of operation of, the major stationary source
that results in any increase in emissions of VOC from any discrete
operation, emissions unit, or other pollutant emitting activity at the
source shall be considered a significant net emissions increase and a
major modification for ozone. This Federal requirement therefore
provides a mechanism for NSR of new or increased VOC emissions in
extreme ozone nonattainment areas. As we discussed in the proposed
rule, Illinois has certified, and EPA has found, that the requirements
of 40 CFR 51.165(a)(1)(v)(F) are addressed by 35 IAC 203.207(f). Note,
however, that under both the Federal and Illinois' EPA-approved
regulations, the owner or operator of a new major source or major
modification that proposes new or increased VOC or NOX
emissions in an extreme ozone nonattainment area must offset such
increase in emissions by an amount equal to or greater than 1.5 tons
for each ton of the allowable emissions from the new source or the net
increase in emissions from the modification. See 40 CFR
51.165(a)(9)(ii)(E) and 35 IAC 203.302(a)(1)(E).\6\ In addition, if
Illinois were to revise its existing regulations to impose additional
restrictions on new or increased VOC emissions in extreme ozone
nonattainment areas, such revisions could make Illinois' regulations
inconsistent with the Federal requirements.
---------------------------------------------------------------------------

    \6\ Note that the analysis we included with the proposed rule
contained a typographical error at 83 FR 50555. We incorrectly
listed the offset requirement of 1.3:1, which applies in severe
ozone nonattainment areas, twice. The second reference to the 1.3:1
offset ratio should have been to 1.5:1 for extreme ozone
nonattainment areas.
---------------------------------------------------------------------------

IV. What action is EPA taking?

    EPA is approving Illinois' May 23, 2018 SIP revision addressing the
NNSR requirements for the 2008 8-hour ozone NAAQS for the Chicago
Nonattainment Area. EPA has concluded that Illinois' submittal fulfills
the 40 CFR 51.1114 revision requirement, meets the requirements of CAA
sections 110 and 172 and the minimum SIP requirements of 40 CFR 51.165,
as well as its obligations under EPA's February 3 and December 11, 2017
findings. This final action to approve Illinois' NNSR certification
addresses the deficiencies that were the basis for the February 3 and
December 11, 2017 findings and stops the FIP clock for the Illinois
portion of the Chicago Nonattainment Area.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:

     Is not a significant regulatory action subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January
21, 2011);
     Does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
     Is certified as not having a significant economic
impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62
FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with the CAA; and
     Does not provide EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16,
1994).

    This final rule approving Illinois' 2008 8-hour ozone NAAQS NNSR
SIP revision is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action 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 April 8, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 12, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.720, the table in paragraph (e) is amended by adding an
entry entitled ``Ozone (8-hour, 2008) Nonattainment New Source Review
Requirements'' before the entry entitled ``Regional haze plan'' to read
as follows:

Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
      Name of SIP  provision          geographic or          State          EPA approval date        Comments
                                    nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Ozone (8-hour, 2008)               Chicago area.......       5/23/2018  2/6/2019, [Insert         ..............
 Nonattainment New Source Review                                         Federal Register
 Requirements.                                                           citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-27907 Filed 2-5-19; 8:45 am]
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Approval Expires: 	Page 1 of 4
Approval Expires: 	Page 1 of 4
DRAFT		Form Approved OMB Number:

                                       FORM R Schedule 1
  TRI Facility ID Number

                        PART II. CHEMICAL-SPECIFIC INFORMATION (continued)

  SECTION 5. QUANTITY OF DIOXIN AND DIOXIN-LIKE COMPOUNDS ENTERING EACH ENVIRONMENTAL MEDIUM ON-SITE

 5.1
 NA

 5.2
  NA

 5.3
 Discharges to receiving streams or water bodies
 (Enter data for one stream or water body per box)
 NA

    Fugitive or non- point air emissions
      Stack or point air emissions
                                      5.3.1
                                      5.3.2
                                      5.3.3

  D. Mass (grams) of each compound in the category (1-17)
                                       1

                                       2

                                       3

                                       4

                                       5

                                       6

                                       7

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                                      17

 If additional pages of Section 5.3 are attached, indicate the total number of pages in this box

 If additional pages of Section 5.3 are attached, indicate the total number of pages in this box

  and indicate the Section 5.3 page number in this box (Example: 1, 2, 3, etc.)

DRAFT
Form Approved OMB Number:
Approval Expires:							Page 2 of 4
                               FORM R Schedule 1
              PART II. CHEMICAL-SPECIFIC INFORMATION (continued)
                            TRI Facility ID Number

 SECTION 5. QUANTITY OF DIOXIN AND DIOXIN-LIKE COMPOUNDS ENTERING EACH ENVIRONMENTAL MEDIUM ON-SITE

                     5.4  -  5.5 Disposal to land on-site

                                     5.4.1
                                      NA

                                     5.4.2
                                      NA

                                    5.5.1.A
                                      NA

                                    5.5.1.B
                                      NA

                                     5.5.2
                                      NA

                                    5.5.3.A
                                      NA

                                    5.5.3.B
                                      NA

                                     5.5.4
                                      NA

 Class I Underground Injection Wells
 Class II-V Underground Injection Wells
 RCRA Subtitle C landfills
 Other landfills
 Land treatment/ application farming
 RCRA Subtitle C surface impoundments
 Other surface impoundments
 Other disposal
            C. Mass (grams) of each compound in the category (1-17)
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DRAFT
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                               FORM R Schedule 1
              PART II. CHEMICAL-SPECIFIC INFORMATION (continued)
                            TRI Facility ID Number

 SECTION 6. TRANSFERS OF DIOXIN AND DIOXIN-LIKE COMPOUNDS IN WASTES TO OFF-SITE LOCATIONS
                      6.1. DISCHARGES TO PUBLICLY OWNED TREATMENT WORKS (POTWs)
                                                                             NA

                                    6.1 ___
            D. Mass (grams) of Each Compound in the Category (1-17)
                                      1.
                                       1

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                                    6.1 ___
            D. Mass (grams) of Each Compound in the Category (1-17)
                                      1.
                                       1

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                                      16

                                      17

                                6.2 TRANSFERS TO OTHER OFF-SITE LOCATIONS
                                                                             NA

                                    6.2 ___
            D. Mass (grams) of Each Compound in the Category (1-17)
                                      1.
                                       1

                                       2

                                       3

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                                    6.2 ___
            D. Mass (grams) of Each Compound in the Category (1-17)
                                      1.
                                       1

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If additional pages of Section 6.1 or 6.2 are attached, indicate the total number of pages in this box

and indicate the Section 6.1 or 6.2 page number in this box

                           (Example: 1, 2, 3, etc.)

DRAFT
Form Approved OMB Number:
Approval Expires: 	 						                Page 4 of 4
                               FORM R Schedule 1
              PART II. CHEMICAL-SPECIFIC INFORMATION (continued)
                            TRI Facility ID Number

 SECTIONS 8.1-8.8. WASTE MANAGEMENT QUANTITIES FOR DIOXIN AND DIOXIN-LIKE COMPOUNDS (current year only)

                   8.1-8.7 Production-related waste managed
                  8.8 Non-production related
waste managed*

                                     8.1a
                                     8.1b
                                     8.1c
                                     8.1d
                                      8.2
                                      8.3
                                      8.4
                                      8.5
                                      8.6
                                      8.7

        Total on-site disposal to Class 1 Underground Injection Wells,
                RCRA Subtitle C landfills, and other landfills
                                  Total other
                      on-site disposal or other releases
       Total off-site disposal to Class 1 Underground Injection Wells,
                RCRA Subtitle C landfills, and other landfills
                                  Total other
                      off-site disposal or other releases
                       Quantity used for energy recovery
                                    on-site
                       Quantity used for energy recovery
                                   off-site
                          Quantity recycled
on-site
                          Quantity recycled
off-site
                           Quantity treated on-site
                           Quantity treated off-site

         Column f. Mass (grams) of each compound in the category (1-17)
 1

 2

 3

 4

 5

 6

 7

 8

 9

 10

 11

 12

 13

 14

 15

 16

 17

  *Includes quantities released to the environment or transferred off-site as a result of remedial actions, catastrophic events, or other one-time events not associated with production processes.


[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Notices]
[Page 37993-37994]
[DOCID:fr30jy09-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13391-000]

Lock+\TM\ Hydro Friends Fund I, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

July 23, 2009.
    On March 6, 2009, and supplemented on May 29, 2009, and June 26,
2009,

Lock+\TM\ Hydro Friends Fund I, LLC filed an application for a three-
year preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), to study the feasibility of the proposed Mighty Mouse
Project. The Mighty Mouse Project would be located on the Mississippi
River at the U.S. Army Corps of Engineers Lock and Dam No. 5a in
Fountain City, Winona County, Minnesota, and in Buffalo County,
Wisconsin.
    The proposed project would consist of: (1) A new lock door placed
in an auxiliary lock that would hold seven new turbine generating units
with a total capacity of 4,963 kW; (2) new removable panels to control
flow through the turbine units; and (3) appurtenant facilities. Project
power would be transmitted through a 1,000-foot-long, 36.7-kV
transmission line. The estimated annual generation is 41,330 megawatt-
hours.
    Applicant Contact: Mr. Wayne F. Krouse, Hydro\\ Friends Fund I,
LLC, 5090 Richmond Avenue, Suite 390, Houston, TX 77056;<PHONE_NUMBER>,
ext. 709.
    FERC Contact: Patrick Murphy,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13391) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-18150 Filed 7-29-09; 8:45 am]

BILLING CODE 6717-01-P