[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Rules and Regulations]
[Pages 49685-49690]
[FR Doc No: 2013-19603]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0059; FRL-9846-8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Wyoming; Revised General Conformity Requirements and an
Associated Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan revision
submitted by the State of Wyoming. On December 21, 2012, the Governor
of Wyoming's designee submitted to EPA revisions to Wyoming's Air
Quality Standards and Regulations Chapter 8, Nonattainment Area
Regulations, involving Section 3 of Chapter 8 that addresses general
conformity requirements and a new Section 5 to Chapter 8 that involves
incorporation by reference. The SIP submission addresses revisions and
additions to Wyoming's general conformity requirements in order to
align them with the current federal general conformity regulation
requirements and incorporates by reference those sections of the Code
of Federal Regulations that are referred to in the State's general
conformity requirements. EPA is approving the submission in accordance
with the requirements of section 110 of the Clean Air Act.

DATES: Effective Date: This final rule is effective September 16, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2013-0059. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., 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 www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-
6479<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:

    (i) The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials NAAQS mean national ambient air quality
standard.
    (iv) The initials SIP mean or refer to State Implementation
Plan.
    (v) The words Wyoming and State mean the State of Wyoming.

Table of Contents

I. Background Information
II. What was the State's process?
III. EPA's Evaluation of the State's Revisions to Chapter 8,
Sections 3 and 5
IV. Response to Comments
V. Consideration of Section 110(1) of the Clean Air Act
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Background Information

    On May 7, 2013, EPA published a proposed rule in the Federal
Register in which we proposed approval of a State Implementation Plan
(SIP) revision that was submitted by the State of Wyoming on December
21, 2012. Our proposed rule provided an opportunity for public comment
through June 6, 2013 (see 78 FR 26563). The SIP submission addressed
revisions and additions to the State's general conformity requirements
in order to align them with the current federal general conformity
regulation requirements and incorporated by reference those sections of
the Code of Federal Regulations that are referred to in the State's
general conformity requirements. In response to our May 7, 2013
proposed rule, we received six comment letters in support of our
proposed rule and we did not receive any adverse comments.
    As background, we note the intent of the general conformity
requirement is to prevent the air quality impacts of federal actions
from causing or contributing to a violation of a National Ambient Air
Quality Standard (NAAQS) or interfering with the purpose of a SIP.
Under the Clean Air Act (CAA) as amended in 1990, Congress recognized
that actions taken by federal agencies could affect state and local
agencies' abilities to attain and maintain the NAAQS. Section 176(c) of
the CAA, as codified in Title 42 of the United States Code (42 U.S.C.
7506), requires federal agencies to assure that their actions conform
to the applicable SIP for attaining and maintaining compliance with the
NAAQS. General conformity is defined to apply to NAAQS established
pursuant to section 109 of the CAA, including the NAAQS for carbon
monoxide (CO), nitrogen dioxide (NO2), ozone, particulate
matter (PM), and sulfur dioxide (SO2). Because certain
provisions of section 176(c) of the CAA apply only to highway and mass
transit funding and approval actions, EPA published two sets of
regulations to implement section 176(c) of the CAA--one set for
transportation conformity and one set for general conformity. The
federal general conformity regulations were published on November 30,
1993 (58 FR 63214) and codified in the Code of Federal Regulations
(CFR) at 40 CFR part 93 Subpart B.
    On July 17, 2006, EPA revised the federal general conformity
regulations via a final rule (71 FR 40420). EPA had promulgated a new
NAAQS on July 18, 1997 (62 FR 38652) that established a separate NAAQS
for fine particulate matter smaller than 2.5 micrometers in diameter
(PM2.5). The prior coarse particulate matter NAAQS
promulgated in 1997 pertains to particulate matter under 10 micrometers
in diameter (PM10). EPA's July 17, 2006 revision to the
federal general conformity regulations (71 FR 40420) added requirements
for PM2.5 for the first time, including annual emission
limits of PM2.5 above which covered federal actions in NAAQS
nonattainment or maintenance areas would be subject to general
conformity applicability.

    On April 5, 2010, EPA revised the federal general conformity
regulations to clarify the conformity process, authorize innovative and
flexible compliance approaches, remove outdated or unnecessary
requirements, reduce the paperwork burden, provide transition tools for
implementing new standards, address issues raised by federal agencies
affected by the rules, and provide a better explanation of conformity
regulations and policies (75 FR 17254, April 5, 2010). EPA's April 2010
revisions simplified state SIP requirements for general conformity,
eliminating duplicative general conformity provisions codified at 40
CFR Part 93 Subpart B and 40 CFR Part 51 Subpart W. Finally, the April
2010 revision updated federal general conformity regulations to reflect
changes to governing laws passed by Congress since EPA's 1993 rule. The
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) passed by Congress in 1995 contains a
provision eliminating the CAA requirement for states to adopt general
conformity SIPs. As a result of SAFETEA-LU, EPA's April 2010 rule
eliminated the federal regulatory requirement for states to adopt and
submit general conformity SIPs, instead making submission of a general
conformity SIP a state option.
    With respect to a chronology of Wyoming's general conformity
requirements, EPA originally approved Wyoming's ``Conformity of general
federal actions to state implementation plans'' into Section 32 of
Wyoming's Air Quality Standards Regulations (WAQSR) with our direct
final rule of November 19, 1999 (64 FR 63206). That version of
Wyoming's ``Conformity of general federal actions to state
implementation plans'' requirements was developed by the State to
address the federal general conformity requirements that were
promulgated on November 30, 1993 (58 FR 63214). On July 28, 2004, we
approved Wyoming's restructuring and renumbering SIP submittal which
then located Wyoming's ``Conformity of General Federal Actions to State
Implementation Plans'' into WAQSR Chapter 8, Section 3 (69 FR 44965).

II. What was the State's process?

    Section 110(a)(2) of the CAA requires that a state provide
reasonable notice and public hearing before adopting a SIP revision and
submitting it to us.
    On October 5, 2012, the Environmental Quality Council of the
Wyoming Department of Environmental Quality conducted a public hearing
to consider the adoption of revisions and additions to the WAQSR. The
revisions affecting the SIP involved Chapter 8, ``Nonattainment Area
Regulations'', Section 3, ``Conformity of general federal actions to
state implementation plans'', and Section 5, ``Incorporation by
reference''. After reviewing and responding to comments received before
and during the public hearing, the Wyoming Environmental Quality
Council approved the proposed revisions on October 5, 2012. The SIP
revisions became State effective on December 19, 2012 and the
Governor's designee submitted the SIP revisions to EPA on December 21,
2012.
    We have evaluated Wyoming's SIP revision submittal and have
determined that the State met the requirements for reasonable notice
and public hearing under section 110(a)(2) of the CAA. By a letter
dated March 20, 2013, we advised the Governor's designee that the SIP
revision submittal was deemed to have met the minimum ``completeness''
criteria found in 40 CFR part 51, Appendix V.

III. EPA's Evaluation of the State's Revisions to Chapter 8, Sections 3
and 5

    On December 21, 2012, the State of Wyoming submitted revisions to
its SIP. The SIP revision consisted of changes and additions to
Wyoming's WAQSR Chapter 8, Section 3, ``Conformity of general Federal
actions to state implementation plans'', and a new Section 5,
``Incorporation by reference''. The purpose of Wyoming's SIP revision
was to update its general conformity requirements to address and align
the State's requirements with the federal general conformity
requirements promulgated on July 17, 2006 (71 FR 40420) and on April 5,
2010 (75 FR 17254), as described above. The revisions to Wyoming's
general conformity regulation, adopted on October 5, 2012 and State
effective on December 19, 2012, were described in our May 7, 2013,
proposed rule and for the reader's convenience, are again provided
below. The State's revisions make numerous changes to the prior, EPA-
approved version of Wyoming's general conformity requirements (State
effective October 29, 1999 and EPA effective on January 18, 2000). In
addition, Wyoming added a new section 5 which incorporates by reference
certain provisions of the federal regulations.

A. Revisions to WAQSR Chapter 8, Section 3

    1. Section 3(a), ``Prohibition'', was modified to remove obsolete
provisions in (a)(iii) and now makes this section reserved.
    2. Section 3(a), ``Prohibition'', was modified to define NEPA in
(a)(iv) and to add a new section (v) that indicates if an action in one
nonattainment or maintenance area would affect another nonattainment or
maintenance area, both areas must be evaluated.
    3. Section 3(b), ``Definitions'', was modified to revise, add or
delete the definitions for: ``Applicability analysis'', ``Applicable
implementation plan or applicable SIP'', ``Areawide air quality
modeling analysis'', ``Cause or contribute to a new violation'',
``Confidential business information (CBI)'', ``Conformity
determination'', ``Conformity evaluation'', ``Continuing program
responsibility'', ``Continuous program to implement'', ``Direct
emissions'', ``Emission inventory'', ``Emissions offsets'', ``Emissions
that a Federal agency has a continuing program responsibility for'',
``EPA'', ``Federal agency'', ``Indirect emissions'', ``Local air
quality modeling analysis'', ``Maintenance area'', ``Maintenance
plan'', ``Metropolitan Planning Organization (MPO)'', ``Milestone'',
``Mitigation measure'', ``National ambient air quality standards
(NAAQS)'', Nonattainment area (NAA)'', ``Precursors of a criteria
pollutant'', ``Reasonably foreseeable emissions'', ``Regionally
significant action'', ``Restricted information'', and ``Take or start
the Federal action''.
    4. Section 3(c), ``Applicability'', was revised as follows:
    a. Section 3(c)(ii) was modified to provide clarification of
emissions to include ``criteria'' and ``precursors''.
    b. Section 3(c)(ii)(A) was modified to update the language to state
``Other ozone NAAs inside an ozone transport region'' and emissions
thresholds were added for PM2.5 and its precursors.
    c. Section 3(c)(ii)(B) was modified to add emissions thresholds for
PM2.5 and its precursors.
    d. Section 3(c)(iii) was modified by adding language to indicate
the requirements of this section do not apply to certain federal
actions.
    e. Section 3(c)(iii)(B)(XXII) was added to address air traffic
control activities.
    f. Section 3(c)(iv)(A) was modified to include the portion of an
action that includes, in addition to major, minor new or modified
stationary sources that require a permit under the New Source Review
(NSR) program (Section 110(a)(2)(C) and section 173 of the CAA)), and
therefore, a conformity determination is not required for sources so
permitted.
    g. Section 3(c)(iv)(B) was modified to remove specific examples of
natural

disasters and keep the provisions to address emergencies.
    h. Section 3(c)(v)(B)(I) adds language that a federal agency must
provide a draft copy of the written determinations required to affected
EPA Regional Office(s), the affected state(s) and/or air pollution
control agencies, and any federally recognized Indian tribal government
in the nonattainment or maintenance area. Those organizations must be
allowed 15 days from the beginning of the extension period to comment
on the draft determination.
    i. Section 3(c)(v)(B)(II) adds language that within 30 days after
making the determination, federal agencies must publish a notice of the
determination by placing a prominent advertisement in a daily newspaper
of general circulation in the area affected by the action.
    j. Section 3(c)(v)(C) adds language that if additional actions are
necessary in response to an emergency or disaster under this subsection
beyond the specified time period in paragraph (v)(B) of this
subsection, a federal agency can make a new written determination for
as many 6-month periods as needed, but in no case does this exemption
extend beyond three 6-month periods. An exception is where an agency
provides information to EPA and the state stating that the conditions
that gave rise to the emergency exemption continue to exist and how
such conditions effectively prevent the agency from conducting a
conformity evaluation.
    k. Section 3(c)(vi) adds language which states that actions
specified by individual federal agencies as ``presumed to conform'' may
not be used in combination with one another when the total direct and
indirect emissions from the combination of actions would equal or
exceed any of the rates specified in Section 3 paragraphs (c)(ii)(A) or
(c)(ii)(B).
    l. Section 3(c)(vii) adds language that the federal agency must
meet the criteria for establishing activities that are presumed to
conform by fulfilling the requirements set forth in Section 3
paragraphs (c)(vii)(A), or (c)(vii)(B), or (c)(vii)(C).
    m. Section 3(c)(vii)(C) adds language that the federal agency must
clearly demonstrate that the emissions from the type or category of
actions and the amount of emissions from the action are included in the
applicable SIP and the state, local, or tribal air quality agencies
responsible for the SIP(s) provide written concurrence that the
emissions from the actions along with all other expected emissions in
the area will not exceed the emission budget in the SIP.
    n. Section 3(c)(viii) states that in addition to meeting the
criteria for establishing exemptions as set forth in paragraphs
(vii)(A) or (vii)(B) of the subsection, the new paragraph (vii)(C) is
also included.
    o. Section 3(c)(viii)(A) adds language that the referenced Federal
Register action must clearly identify the type and size of the action
that would be ``presumed to conform'' and provide criteria for
determining if the type and size of action qualifies it for the
presumption.
    p. Section 3(c)(viii)(B) adds language that if the ``presumed to
conform'' action has regional or national application (e.g., the action
will cause emission increases in excess of the de minimis levels of
this subsection) in more than one of EPA's Regions, the federal agency,
as an alternative to sending it to EPA Regional Offices, can send the
draft conformity determination to EPA's Office of Air Quality Planning
and Standards.
    q. Section 3(c)(ix) removed previous language and added language
that emissions from actions are ``presumed to conform'' from: (1)
Installations with facility-wide emission budgets meeting the necessary
requirements and that the State has included the emission budget in the
EPA-approved SIP and the emissions from the action along with all other
emissions from the installation will not exceed the facility-wide
emission budget; (2) prescribed fires conducted in accordance with a
smoke management program which meets the requirements of EPA's Interim
Air Quality Policy on Wildland and Prescribed Fires or an equivalent
replacement EPA policy; or (3) emissions for actions that the State
identifies in the EPA-approved SIP as ``presumed to conform''.
    r. Section 3(c)(x) removed previous language and added language
which states that even though an action would otherwise be ``presumed
to conform'' under Section 3 paragraphs (vi) or (ix) of this
subsection, an action shall not be ``presumed to conform'' and the
requirements of 40 CFR 93.151, subsection (a), subsections (d) through
(j) and subsections (l) through (n) shall apply to the action if EPA or
a third party shows that the action would: (1) Cause or contribute to
any new violation of any standard in any area; (2) interfere with
provisions in the applicable SIP for maintenance of any standard; (3)
increase the frequency or severity of any existing violation of any
standard in any area; or (4) delay timely attainment of any standard or
any required interim emissions reductions or other milestones in any
area including, where applicable, emission levels specified in the
applicable SIP for purposes of a demonstration of reasonable further
progress, a demonstration of attainment, or a maintenance plan.
    s. Section 3(c)(xi)(d) was modified to add language that the
provisions of Section 3 shall apply except in the case of newly
designated nonattainment areas where the requirements are not
applicable until 1 year after the effective date of the final
nonattainment designation for each NAAQS pollutant in accordance with
section 176(c)(6) of the CAA.
    t. Section 3(c)(xi)(e), ``Reporting requirements'', was modified to
add language that any federal agency must notify the appropriate EPA
Regional Office(s), state and local air quality agencies, any
federally-recognized Indian tribal government in the nonattainment or
maintenance area. In addition, the added language stated that the draft
and final conformity determination shall exclude any restricted
information or confidential business information. The disclosure of
restricted information and confidential business information shall be
controlled by the applicable laws, regulations, security manuals, or
executive orders concerning the use, access, and release of such
materials. Subject to applicable procedures to protect restricted
information from public disclosure, any information or materials
excluded from the draft or final conformity determination or supporting
materials may be made available in a restricted information annex to
the determination for review by federal and state representatives who
have received appropriate clearances to review the information.
    u. Section 3(c)(xi)(f)(ii), (iii), and (iv) under ``public
participation'' was modified to add language that if the action has
multi-regional or national impacts (e.g., the action will cause
emission increases in excess of the de minimis levels identified in
subsection (c)(ii) in three or more of EPA's Regions)), the federal
agency, as an alternative to publishing separate notices, can publish a
notice in the Federal Register.
    v. Section 3(c)(xi)(f)(v) under ``public participation'' was
modified to add language that the draft and final conformity
determination shall exclude any restricted information or confidential
business information. This section also notes that the disclosure of
restricted information and confidential business information shall be
controlled by the applicable laws, regulations, or executive orders
concerning the release of such materials.

    w. Section 3(c)(xi)(g) was renamed ``Reevaluation of conformity''
and included new language in sections (c)(xi)(g)(i) and (iv) addressing
when a federal action has commenced and that once a conformity
determination is completed by a federal agency, that determination is
not required to be reevaluated if the agency has maintained a
continuous program to implement the action; the determination has not
lapsed; or any modification to the action does not result in an
increase in emissions above the levels specified in Section 3. The
additional language continues that if a conformity determination is not
required for the action at the time the NEPA analysis is completed, the
date of the finding of no significant impact (FONSI) for an
Environmental Assessment, a record of decision (ROD) for an
Environmental Impact Statement, or a categorical exclusion
determination can be used as a substitute date for the conformity
determination date.
    x. Section 3(c)(xi)(g)(iv) also notes that if the federal agency
originally determined through the applicability analysis that a
conformity determination was not necessary because the emissions for
the action were below the limits in subsection (c)(ii) of this section
and changes to the action would result in the total emissions from the
action being above the limits in subsection (c)(ii) of this section,
then the federal agency must make a conformity determination.
    y. Section 3(c)(xi)(h), ``Criteria Determining Conformity of
General Federal Actions'', had several revisions addressing: (1)
Addition of ``precursor'' for emissions; (2) offsets coming from a
nearby area of equal or higher classification provided the emissions
from that area contribute to the violations, or have contributed to
violations in the past, in the area with the federal action; (3) where
a federal agency made a conformity determination based on a state's
commitment and the state has submitted a SIP to EPA covering the time
period during which the emissions will occur or is scheduled to submit
such a SIP within 18 months of the conformity determination; (4) where
a federal agency made a conformity determination based on a state
commitment and the state has not submitted a SIP covering the time
period when the emissions will occur or is not scheduled to submit such
a SIP within 18 months of the conformity determination, the state must,
within 18 months, submit to EPA a revision to the existing SIP
committing to include the emissions in the future SIP revision; (5)
offset emissions may come from within the same nonattainment or
maintenance area or from a nearby area of equal or higher
classification provided the emissions from that area contribute to the
violations, or have contributed to violations in the past, in the area
with the federal action; (6) baseline emissions from the most current
calendar year with a complete emission inventory available before an
area is designated unless EPA sets another year or the emission budget
in the applicable SIP; (7) the motor vehicle emissions model previously
specified by EPA as the most current version may be used unless EPA
announces a longer grace period in the Federal Register; (8)
``Guideline on Air Quality Models'' as noted in Appendix W to 40 CFR
part 51; and (9) the attainment year specified in the SIP, or if the
SIP does not specify an attainment year, the latest attainment year
possible under the CAA as specified in three options.
    z. Section 3(c)(xi)(h)(i)(D), ``For CO or directly emitted
PM10''. EPA notes that although the State updated other
sections of WAQSR Chapter 8, Section 3 to address our general
conformity provisions for PM2.5, it inadvertently did not
include the EPA revision to 40 CFR 93.158(a)(4). In our April 5, 2010
Federal Register action (75 FR 17254) we changed the language at 40 CFR
93.158(a)(4) from ``For CO or directly emitted PM10'' to
``For CO or directly emitted PM''. The reason for this change to only
``PM'' was to address both PM2.5 and PM10. EPA
does not view this inadvertent omission by the State as being an
approvability issue. Currently, all of Wyoming is designated as
``attainment/unclassifiable'' for both the 1997 annual PM2.5
NAAQS and the 2006 24-hour PM2.5 NAAQS (70 FR 944, January
5, 2005 and 74 FR 58688, November 13, 2009, respectively, and 40 CFR
81.351). Therefore, general conformity for PM2.5 does not
apply in Wyoming. If in the future any area in Wyoming is designated as
nonattainment for either the annual or 24-hour PM2.5 NAAQS,
general conformity will not apply until 1 year after the effective date
of the nonattainment designation (CAA section 176(c)(6)). Within that 1
year ``grace period'' before general conformity would apply, EPA will
require Wyoming to update Chapter 8, Section 3(c)(xi)(h)(i)(D) to
correctly reflect ``For CO or directly emitted PM'' and submit this
update to EPA as a revision to the SIP.
    aa. Section 3(c)(xi)(k), ``Conformity Evaluation for Federal
Installations With Facility-Wide Emission Budgets'', revised and added
new language that included requirements and provisions addressing: (1)
Time periods; (2) the pollutants or precursors of the pollutants for
which the area is designated nonattainment or maintenance; (3) specific
quantities allowed to be emitted on an annual or seasonal basis; (4)
that the emissions from the facility along with all other emissions in
the area will not exceed the emission budget for the area; (5) specific
measures to ensure compliance with the budget; (6) the submittal to EPA
as a SIP revision and the SIP revision must be approved by EPA; (7)
that the facility-wide budget developed and adopted in accordance with
paragraph (i) of this subsection; (8) that total direct and indirect
emissions from federal actions in conjunction with all other emissions
subject to general conformity from the facility that do not exceed the
facility budget are ``presumed to conform'' to the SIP and do not
require a conformity analysis; (9) that if the total direct and
indirect emissions from the federal actions in conjunction with the
other emissions subject to general conformity from the facility exceed
the budget adopted the action must be evaluated for conformity; (10)
that if the SIP for the area includes a category for construction
emissions, the negotiated budget can exempt construction emissions from
further conformity analysis; and (11) that for emissions beyond the
time period covered by the SIP the federal agency can demonstrate
conformity with the last emission budget in the SIP, or request the
state to adopt an emissions budget for the action for inclusion in the
SIP.
    bb. In addition to those items noted in section III(A)(4)(aa) of
this action, Section 3(c)(xi)(k), ``Conformity Evaluation for Federal
Installations With Facility-Wide Emission Budgets'', also revised and
added new language that included requirements and provisions
addressing: (1) Timing of offsets and mitigation measures; (2) inter-
precursor mitigation measures and offsets; and (3) early emission
reduction credit programs at federal facilities and installations
subject to federal oversight.

B. Revisions to WAQSR Chapter 8, Section 5

    Wyoming added a new Section 5 to WAQSR Chapter 8 entitled
``Incorporation by reference''. This new section states that all CFR
citations in Chapter 8, including their Appendices, revised and
published as of July 1, 2011, not including any later amendments, are
incorporated by reference. The section continues with noting where
copies of the applicable CFRs are available for

public inspection or may be obtained, at cost, from the State.
    EPA has reviewed Wyoming's revisions to WAQSR Chapter 8, Section 3,
``Conformity of general federal actions to state implementation
plans'', and the new Section 5, ``Incorporation by reference'', and has
concluded that our approval is warranted. Based on our review, we
determined that the revisions to Section 3 incorporate and address the
additional federal general conformity requirements that we promulgated
in July 2006 and April 2010. In addition, the new Section 5 that
incorporates relevant sections of the CFR is also acceptable. EPA is
approving Wyoming's December 21, 2012 SIP revision submittal in order
to update the State's general conformity requirements for federal
agencies, with applicable federal actions, and to align the State's
general conformity requirements with the federal general conformity
rule's requirements.

IV. Response to Comments

    On May 7, 2013, EPA published a proposed rule in the Federal
Register in which we proposed approval of Wyoming's general conformity
requirements SIP revision that was submitted by the State of Wyoming on
December 21, 2012. Our proposed rule provided an opportunity for public
comment through June 6, 2013 (see 78 FR 26563). In response to our May
7, 2013 proposed rule, we received six comment letters in support of
our proposed rule and we did not receive any adverse comments. EPA
notes and appreciates these comments. Copies of these comment letters
are provided in the docket for this final rule.

V. Consideration of Section 110(1) of the Clean Air Act

    Section 110(1) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. As described in section III.A.4.f. of this action, the changes
to the Wyoming SIP would not require a conformity determination for
minor new or modified stationary sources that require a permit under
the NSR permitting program (section 110(a)(2)(C) and section 173 of the
CAA)). The State of Wyoming indicates that SIP permitting regulations
prevent the State from issuing a permit if the facility would prevent
the attainment or maintenance of any ambient air quality standard
(``the proposed facility will not prevent the attainment or maintenance
of any ambient air quality standard'', WAQSR Chapter 6, Section
2(c)(ii)). With this final rule, EPA is finding that these Wyoming SIP
general conformity minor stationary source permit provisions are
adequate to ensure that this SIP revision will not interfere with any
applicable requirement concerning attainment and reasonable further
progress towards attainment of a NAAQS or any other applicable
requirement of the CAA.

VI. Final Action

    EPA is approving the December 21, 2012 submitted SIP revisions to
Wyoming's WAQSR Chapter 8, Section 3, ``Conformity of general federal
actions to state implementation plans'', and Section 5, ``Incorporation
by reference''. These revisions incorporate and address the federal
general conformity rule requirements that were promulgated on July 17,
2006 and April 5, 2010. EPA is approving this Wyoming SIP revision
submittal in order to update the State's general conformity
requirements for federal agencies, with applicable federal actions, and
to align the State's general conformity requirements with the federal
general conformity rule's requirements.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     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 (Pub. L. 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 Clean Air Act; 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).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 15, 2013. 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 16, 2013.
Judith Wong,
Acting Regional Administrator, Region 8.
    40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

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

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

Subpart ZZ--Wyoming

0
2. Section 52.2620, the table in paragraph (c)(1) is amended under
Chapter 8 by revising the entry for Section 3 and by adding a new entry
for Section 5 to read as follows:

Sec.  52.2620  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                State adopted and    EPA approval date
      State citation          Title/subject       effective date     and citation \1\         Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 8
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 3................  Conformity of         10/5/12, 12/19/12  8/15/13 [insert FR
                            general federal                          page number where
                            actions to state                         document begins].
                            implementation
                            plans..
Section 5................  Incorporation by      10/5/12, 12/19/12  8/15/13 [insert FR  ........................
                            reference..                              page number where
                                                                     document begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in the table, consult
  the Federal Register cited in this column for that particular provision.

* * * * *
[FR Doc. 2013-19603 Filed 8-14-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20491-20492]
[FR Doc No: 2015-08709]

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

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: EC15-116-000.
    Applicants: Lone Valley Solar Park I, LLC, Lone Valley Solar Park
II, LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for expedited action of Lone
Valley Solar Park I, LLC, et. al.
    Filed Date: 4/8/15.
    Accession Number: 20150408-5202.
    Comments Due: 5 p.m. ET 4/29/15.

    Docket Numbers: EC15-117-000.
    Applicants: BHE Geothermal, LLC, Saranac Power Partners, LP,TIFD
III-A, Inc.
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act and Request for Confidential Treatment of BHE
Geothermal, LLC, et al.
    Filed Date: 4/8/15.
    Accession Number: 20150408-5206.
    Comments Due: 5 p.m. ET 4/29/15.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2719-021; ER10-2718-021; ER10-2633-019; ER10-
2570-019; ER10-2717-019; ER10-3140-018; ER13-55-009.
    Applicants: East Coast Power Linden Holding, LLC, Cogen
Technologies Linden Venture, LP, Birchwood Power Partners, LP, Shady
Hills Power Company, LLC, EFS Parlin Holdings, LLC, Inland Empire
Energy Center, LLC, Homer City Generation, LP.
    Description: Notice of Non-Material Change in Status of the GE
Companies.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5149.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER12-1308-006.
    Applicants: Palouse Wind, LLC.
    Description: Notice of Non-Material Change in Status of Palouse
Wind, LLC.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5096.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1146-001.
    Applicants: Bucksport Mill, LLC.
    Description: Compliance filing per 35: Bucksport Mill, LLC
supplement 2015-04-09 to be effective 4/9/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5098.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1147-001.
    Applicants: Bucksport Generation, LLC.
    Description: Compliance filing per 35: Bucksport Generation, LLC
supplement 2015-04-09 to be effective 4/7/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5099.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1476-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Blaine
TX SA 785, 786, & 787 to be effective 3/1/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5001.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1477-000.
    Applicants: Illinois Municipal Electric Agency.
    Description: Waiver Request of the Illinois Municipal Electric
Agency.
    Filed Date: 4/8/15.
    Accession Number: 20150408-5216.
    Comments Due: 5 p.m. ET 4/29/15.

    Docket Numbers: ER15-1478-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Tariff Withdrawal per 35.15: Cancellation of Agreement
No. 1823 between NiMo and Athens to be effective 6/9/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5063.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1479-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
04-09_SA 2773 ATC-Adams-Columbia Common Facilities Agreement to be
effective 6/9/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5102.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1480-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
04-09_SA 2774 ATC-City of Cedarburg Common Facilities Agreement to be
effective 6/9/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5105.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1481-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
04-09_SA 2776 ATC-Village of Prairie du Sac CFA to be effective 6/9/
2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5106.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1482-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
04-09_SA 2777 ATC-City of Wisconsin Rapids CFA to be effective 6/9/
2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5107.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1483-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
04-09_SA 2775 ATC-Marshfield Common Facilities Agreement to be
effective 6/9/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5116.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1484-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
04-09 Q1 Tariff Clean up Filing to be effective 4/10/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5139.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1485-000.
    Applicants: PJM Interconnection, LLC, Monongahela Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): PJM and
Monongahela Power submit Revised Service Agreement No. 3513 (HREA) to
be effective 5/1/2015.
    Filed Date: 4/9/15.
    Accession Number: 20150409-5155.
    Comments Due: 5 p.m. ET 4/30/15.

    Docket Numbers: ER15-1486-000.
    Applicants: PJM Interconnection, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Original Service Agreement No. 4113, Queue No. T182 to be effective 3/
10/2015.
    Filed Date: 4/9/15.

    Accession Number: 20150409-5179.
    Comments Due: 5 p.m. ET 4/30/15.

    Take notice that the Commission received the following public
utility holding company filings:
    Docket Numbers: PH15-14-000.
    Applicants: Consolidated Edison, Inc.
    Description: Consolidated Edison, Inc. submits FERC 65-B Material
Change in Facts of Waiver Notification.
    Filed Date: 4/8/15.
    Accession Number: 20150408-5215.
    Comments Due: 5 p.m. ET 4/29/15.

    Take notice that the Commission received the following qualifying
facility filings:
    Docket Numbers: QF15-616-000.
    Applicants: CCI U.S. Asset Holdings, LLC.
    Description: Form 556 of CCI U.S. Asset Holdings, LLC [CCI San
Juan,LLC] under QF15-616.
    Filed Date: 4/6/15.
    Accession Number: 20150406-5199.
    Comments Due: Non Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: April 9, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-08709 Filed 4-15-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Notices]
[Page 21623-21624]
[DOCID:fr22ap08-42]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC08-566-001; FERC-566]

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

April 15, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of Section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C., the Federal Energy
Regulatory Commission (Commission) has submitted the information
collection described below to the Office of Management and Budget (OMB)
for review and extension of this information collection requirement.
Any interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission received no comments in response to an earlier Federal
Register notice of February 11, 2008 (73 FR 7723-25) and has made this
notification in its submission to OMB.

DATES: Comments on the collection of information are due by May 20,
2008.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira--
<EMAIL_ADDRESS>and include the OMB Control No. as a point of
reference. The Desk Officer may be

reached by telephone at<PHONE_NUMBER>. A copy of the comments should
also be sent to the Federal Energy Regulatory Commission, Office of the
Executive Director, ED-34, Attention: Michael Miller, 888 First Street,
NE., Washington, DC 20426. Comments may be filed either in paper format
or electronically. Those persons filing electronically do not need to
make a paper filing. For paper filings, such comments should be
submitted to the Office of the Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 and should
refer to Docket No. IC08-566-001.
    Documents filed electronically via the Internet must be prepared in
the acceptable filing format and in compliance with the Federal Energy
Regulatory Commission's submission guidelines. Complete filing
instructions and acceptable filing formats are available at (http://
www.ferc.gov/help/submission-guide/electronic-media.asp). To file the
document electronically, access the Commission's Web site and click on
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/
efiling.asp), and then follow the instructions for each screen. First-
time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    All comments may be viewed, printed, or downloaded remotely via the
Internet through FERC's homepage using the eLibrary link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

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

Description

    The information collection submitted for OMB review contains the
following:
    1. Collection of Information: FERC-566 ``Annual Report of a
Utility's Twenty Largest Purchasers''.
    2. Sponsor: Federal Energy Regulatory Commission.
    3. Control No.: 1902-0114.
    The Commission is now requesting that OMB approve and extend the
expiration date for an additional three years with no changes to the
existing collection. The information filed with the Commission is
mandatory.
    4. Necessity of the Collection of Information: Submission of the
information is necessary to enable the Commission to carry out its
responsibilities in implementing the statutory provisions of Section
305 of the Federal Power Act, as amended by Section 211 of the Public
Utility Regulatory Policies Act of 1978. Submission of the list is
necessary to fulfill the requirements of Section 211-Interlocking
Directorates, which defines monitoring and regulatory operations
concerning interlocking directorate positions held by utility personnel
and possible conflicts of interest. The information on facilities, who
seek qualifying status for their facilities, to file the information is
collected by the Commission to identify large purchasers of electric
energy and possible conflicts of interest. Through this process, the
Commission is able to review and exercise oversight of interlocking
directorates of public utilities and their related activities. The
Commission implements these requirements in the Code of Federal
Regulations (CFR) under 18 CFR Part 46, Section 46.3.
    5. Respondent Description: The respondent universe currently
comprises 183 respondents (average) subject to the Commission's
jurisdiction.
    6. Estimated Burden: 1,452 total hours, 242 respondents (average
per year), 1 response per respondent, and 6 hours per respondent
(average).
    7. Estimated Cost Burden to Respondents: 1,452 total hours/2,080
hours per year x $126,384 per year = $88,226. The cost per respondent
is $365.

    Statutory Authority: Section 305(c)(2)(D), 16 U.S.C. 825d.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-8635 Filed 4-21-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Proposed Rules]
[Pages 62031-62035]
[FR Doc No: 2016-21147]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9067; Directorate Identifier 2016-NM-043-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B,
747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and
747SP series airplanes. This proposed AD was prompted by a report of
incidents involving fatigue cracking in transport category airplanes
that are approaching or have exceeded their design service objective
and a structural reevaluation by the manufacturer that identified
additional structural elements that qualify as structural significant
items (SSIs). This proposed AD would require revising the maintenance
or inspection program, as applicable, to include inspections that will
give no less than the required damage tolerance rating (DTR) for
certain SSIs, and repairing any cracked structure. This proposed AD
would also require inspections to detect cracks of all SSI structure,
and repair if necessary. We are proposing this AD to ensure the
continued structural integrity of all The Boeing Company Model 747-100,
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, 747-400F, 747SR, and 747SP series airplanes.

DATES: We must receive comments on this proposed AD by October 24,
2016.

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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9067; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office

(phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-9067;
Directorate Identifier 2016-NM-043-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed 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 proposed AD.

Discussion

    On December 26, 2007, we issued AD 2004-07-22 R1, Amendment 39-
15326 (73 FR 1052, January 7, 2008); corrected February 14, 2008 (73 FR
8589) (``AD 2004-07-22 R1''); for all The Boeing Company Model 747-100,
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, 747-400F, 747SR, and 747SP series airplanes. AD 2004-07-22 R1
requires that the maintenance inspection program be revised to include
inspections that will give no less than the required DTR for each SSI,
and repair of cracked structure. AD 2004-07-22 R1 was prompted by a
report of incidents involving fatigue cracking in transport category
airplanes that are approaching or have exceeded their design service
objective. We issued AD 2004-07-22 R1 to ensure the continued
structural integrity of all Boeing Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-
400F, 747SR, and 747SP series airplanes.

Actions Since AD 2004-07-22 R1 Was Issued

    Since we issued AD 2004-07-22 R1, a structural reevaluation by the
manufacturer identified additional structural elements that qualify as
SSIs. We have determined that supplemental inspections are required for
timely detection of fatigue cracking for these additional structural
elements.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Document No. D6-35022, ``Supplemental Structural
Inspection Document for Model 747 Airplanes,'' Revision H, dated
September 2013. The service information describes procedures for
inspections to detect cracks of all structure identified as SSIs and
includes six new SSIs since the last revision.
    We also reviewed Boeing Document No. D6-35022-1, ``747-400 LCF
Supplemental Structural Inspection Document--Appendix A,'' dated
November 2015. The service information describes procedures for
inspections of wing, fuselage, and empennage SSIs for Model 747-400 LCF
airplanes.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing 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 same type design.

Proposed AD Requirements

    This proposed AD would require revising the maintenance or
inspection program, as applicable, to include inspections that will
give no less than the required DTR for certain SSIs, and repairing any
cracked structure. This proposed AD would also require inspections to
detect cracks of all SSI structure, and repair if necessary.
    This proposed AD does not supersede 2004-07-22 R1. However,
accomplishing the revision specified in paragraph (h) of this proposed
AD would terminate the requirements of paragraphs (f), (g), and (h) of
AD 2004-07-22 R1. Also, doing an inspection specified in paragraph (i)
of this proposed AD would terminate the corresponding inspection
required by paragraph (i) of AD 2004-07-22 R1.

Costs of Compliance

    We estimate that this proposed AD affects 118 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on  U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revision of maintenance or            1 work-hour x $85 per                $0              $85          $10,030
 inspection program.                   hour = $85.
----------------------------------------------------------------------------------------------------------------

    We have not specified cost estimates for the inspection and repair
specified in this proposed AD. Compliance with this proposed AD
constitutes a method of compliance with the FAA aging airplane safety
final rule (AASFR) (70 FR 5518, February 2, 2005) for certain baseline
structure of Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C,
747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series
airplanes. The AASFR requires certain operators to incorporate damage
tolerance inspections into their maintenance inspection programs. These
requirements are described in 14 CFR 121.1109(c)(1) and 14 CFR
129.109(b)(1). Accomplishment of the actions specified in this proposed
AD will meet the requirements of these regulations for certain baseline
structure. The costs for accomplishing the inspection portion of this
proposed AD were accounted for in the regulatory evaluation of the
AASFR.

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

    We 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2016-9067; Directorate Identifier
2016-NM-043-AD.

(a) Comments Due Date

    We must receive comments by October 24, 2016.

(b) Affected ADs

    This AD affects AD 2004-07-22 R1, Amendment 39-15326 (73 FR
1052, January 7, 2008); corrected February 14, 2008 (73 FR 8589)
(``AD 2004-07-22 R1'').

(c) Applicability

    This AD applies to all The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, 747-400F, 747SR, and 747SP series airplanes, certificated
in any category.

    Note 1 to paragraph (c) of this AD: A Model 747-400 LCF airplane
is a Model 747-400 series airplane that has been modified from a
passenger airplane to a freighter configuration as specified in
Boeing Service Bulletin 747-00-2084.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage;
54, Nacelles/Pylons; 55, Stabilizers; 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of incidents involving fatigue
cracking in transport category airplanes that are approaching or
have exceeded their design service objective and a structural
reevaluation by the manufacturer that identified additional
structural elements that qualify as structural significant items
(SSIs). We are issuing this AD to ensure the continued structural
integrity of all The Boeing Company Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D,
747-400F, 747SR, and 747SP series airplanes.

(f) Compliance

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

(g) Definition of SSI

    For the purposes of this AD, an SSI is defined as a principal
structural element (PSE). A PSE is a structural element that
contributes significantly to the carrying of flight, ground, or
pressurization loads, and whose integrity is essential in
maintaining the overall structural integrity of the airplane.

(h) Maintenance or Inspection Program Revision for All Airplanes

    Prior to reaching the compliance thresholds specified in
paragraph (i)(1)(i), (i)(2)(i), (j)(1)(i), or (j)(2)(i) of this AD,
as applicable, or within 12 months after the effective date of this
AD, whichever occurs later: Incorporate a revision into the
maintenance or inspection program, as applicable, that provides no
less than the required damage tolerance rating (DTR) for each SSI
listed in the applicable service information specified in paragraph
(h)(1) or (h)(2) of this AD. The revision to the maintenance or
inspection program must include, and must be implemented in
accordance with, the procedures in Section 5.0, ``Damage Tolerance
Rating (DTR) System Application,'' of Boeing Document No. D6-35022,
``Supplemental Structural Inspection Document for Model 747
Airplanes,'' Revision H, dated September 2013; and Boeing Document
No. D6-35022-1, ``747-400 LCF Supplemental Structural Inspection
Document--Appendix A,'' dated November 2015; as applicable.
Accomplishing the revision required by this paragraph terminates the
actions required by paragraphs (f), (g), and (h) of AD 2004-07-22
R1. After accomplishing the revision required by this paragraph, the
revisions required by paragraphs (f), (g), and (h) of AD 2004-07-22
R1, as applicable, must be removed.
    (1) For all airplanes except Model 747-400 LCF airplanes: SSIs
listed in Boeing Document No. D6-35022, ``Supplemental Structural
Inspection Document for Model 747 Airplanes,'' Revision H, dated
September 2013.
    (2) For Model 747-400 LCF airplanes: SSIs listed in Boeing
Document No. D6-35022, ``Supplemental Structural Inspection Document
for Model 747 Airplanes,'' Revision H, dated September 2013; and
SSIs listed in Boeing Document No. D6-35022-1, ``747-400 LCF
Supplemental Structural Inspection Document--Appendix A,'' dated
November 2015. For SSIs listed in both Boeing Document No. D6-35022-
1, ``747-400 LCF Supplemental Structural Inspection Document--
Appendix A,'' dated November 2015; and Boeing Document No. D6-35022,
``Supplemental Structural Inspection Document for Model 747
Airplanes,'' Revision H, dated September 2013: Incorporate the SSIs
listed Boeing Document No. D6-35022-1, ``747-400 LCF Supplemental
Structural Inspection Document--Appendix A,'' dated November 2015.

(i) Inspection Compliance Times for All Model 747 Airplanes Except
Model 747-400 LCF airplanes

    For all Model 747 airplanes except Model 747-400 LCF airplanes:
Perform inspections to detect cracks of all structure identified in
Boeing Document No. D6-35022, ``Supplemental Structural Inspection
Document for Model 747 Airplanes,'' Revision H, dated September
2013, at the times specified in paragraph (i)(1), (i)(2), or (i)(3)
of this AD, as applicable. Once the initial inspection has been
performed, in order to remain in compliance with the maintenance or
inspection program, as required by paragraph (h) of this AD,
repetitive inspections are required at the intervals specified in
Boeing Document No. D6-35022, ``Supplemental Structural Inspection
Document for Model 747 Airplanes,'' Revision H, dated September
2013. Doing an inspection required by this paragraph terminates the
corresponding inspection required by paragraph (i) of AD 2004-07-22
R1.
    (1) For wing structure, except as provided by paragraph (i)(3)
of this AD: Inspect at the times specified in paragraph (i)(1)(i) or
(i)(1)(ii) of this AD, whichever occurs later.
    (i) Within the applicable compliance time specified in paragraph
(i)(1)(i)(A) or (i)(1)(i)(B) of this AD.

    (A) For all Model 747-100, 747-100B, 747-100B SUD, 747-200B,
747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes:
Prior to the accumulation of 20,000 total flight cycles or 100,000
total flight hours, whichever occurs first.
    (B) For all Model 747-400, 747-400D, and 747-400F series
airplanes: Prior to the accumulation of 20,000 total flight cycles
or 115,000 total flight hours, whichever occurs first.
    (ii) Within 1,000 flight cycles or 12 months after the effective
date of this AD, whichever occurs later.
    (2) For all structure other than wing structure, except as
provided by paragraph (i)(3) of this AD: At the time specified in
paragraph (i)(2)(i) or (i)(2)(ii) of this AD, whichever occurs
later.
    (i) Prior to the accumulation of 20,000 total flight cycles.
    (ii) Within 1,000 flight cycles or 12 months after the effective
date of this AD, whichever occurs later.
    (3) For any portion of an SSI that has been replaced with new
structure: Inspect at the later of the times specified in paragraphs
(i)(3)(i) and (i)(3)(ii) of this AD.
    (i) At the time specified in paragraph (i)(1) or (i)(2) of this
AD, as applicable.
    (ii) Within 10,000 flight cycles after the replacement of the
part with a new part.

(j) Inspection Compliance Times for Model 747-400 LCF Airplanes

    For Model 747-400 LCF airplanes: Perform inspections to detect
cracks of all structure identified in Boeing Document No. D6-35022,
``Supplemental Structural Inspection Document for Model 747
Airplanes,'' Revision H, dated September 2013; and Boeing Document
No. D6-35022-1, ``747-400 LCF Supplemental Structural Inspection
Document--Appendix A,'' dated November 2015; at the times specified
in paragraph (j)(1) or (j)(2) of this AD, as applicable. Once the
initial inspection has been performed, in order to remain in
compliance with the maintenance or inspection program, as required
by paragraph (h) of this AD, repetitive inspections are required at
the intervals specified in Boeing Document No. D6-35022,
``Supplemental Structural Inspection Document for Model 747
Airplanes,'' Revision H, dated September 2013; and Boeing Document
No. D6-35022-1, ``747-400 LCF Supplemental Structural Inspection
Document--Appendix A,'' dated November 2015. Where SSIs are listed
in both Boeing Document No. D6-35022, ``Supplemental Structural
Inspection Document for Model 747 Airplanes,'' Revision H, dated
September 2013; and Boeing Document No. D6-35022-1, ``747-400 LCF
Supplemental Structural Inspection Document--Appendix A,'' dated
November 2015; the SSIs listed in Boeing Document No. D6-35022-1,
``747-400 LCF Supplemental Structural Inspection Document--Appendix
A,'' dated November 2015, take precedence. Doing an inspection
required by this paragraph terminates the corresponding inspection
required by paragraph (i) of AD 2004-07-22 R1.
    (1) For wing structure: Inspect at the times specified in
paragraph (j)(1)(i) or (j)(1)(ii) of this AD, whichever occurs
later.
    (i) Prior to the accumulation of 20,000 total flight cycles or
115,000 total flight hours, whichever occurs first.
    (ii) Within 1,000 flight cycles or 12 months after the effective
date of this AD, whichever occurs later.
    (2) For all structure other than wing structure: At the time
specified in paragraph (j)(2)(i) or (i)(2)(ii) of this AD, whichever
occurs later.
    (i) At the earlier of the times specified in paragraphs
(j)(2)(i)(A) and (j)(2)(i)(B) of this AD.
    (A) Prior to the accumulation of 20,000 total flight cycles.
    (B) Within the applicable initial compliance time specified in
Boeing Document No. D6-35022, ``Supplemental Structural Inspection
Document for Model 747 Airplanes,'' Revision H, dated September
2013; and Boeing Document No. D6-35022-1, ``747-400 LCF Supplemental
Structural Inspection Document--Appendix A,'' dated November 2015.
Where SSIs are listed in both Boeing Document No. D6-35022,
``Supplemental Structural Inspection Document for Model 747
Airplanes,'' Revision H, dated September 2013; and Boeing Document
No. D6-35022-1, ``747-400 LCF Supplemental Structural Inspection
Document--Appendix A,'' dated November 2015; the SSIs listed in
Boeing Document No. D6-35022-1, ``747-400 LCF Supplemental
Structural Inspection Document--Appendix A,'' dated November 2015,
take precedence.
    (ii) Within 1,000 flight cycles or 12 months after the effective
date of this AD, whichever occurs later.

(k) Repair

    If any cracked structure is found during any inspection required
by paragraph (i) or (j) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (m) of this AD.

(l) Inspection Program for Transferred Airplanes

    Before any airplane that is subject to this AD and that has
exceeded the applicable compliance times specified in paragraph (i)
or (j) of this AD can be added to an air carrier's operations
specifications, a program for the accomplishment of the inspections
required by this AD must be established in accordance with paragraph
(l)(1) or (l)(2) of this AD, as applicable.
    (1) For airplanes that have been inspected as specified in this
AD, the inspection of each SSI must be accomplished by the new
operator using the previous operator's schedule and inspection
method, or the new operator's schedule and inspection method, at
whichever time would result in the earlier accomplishment for that
SSI inspection. The compliance time for accomplishment of this
inspection must be measured from the last inspection accomplished by
the previous operator. After each inspection has been performed
once, each subsequent inspection must be performed using the new
operator's schedule and inspection method.
    (2) For airplanes that have not been inspected as specified in
this AD, the inspection of each SSI required by this AD must be
accomplished either prior to adding the airplane to the air
carrier's operations specification, or using a schedule and an
inspection method approved by the Manager, Seattle Aircraft
Certification Office (ACO). After each inspection has been performed
once, each subsequent inspection must be performed using the new
operator's schedule and inspection method.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in paragraph
(n)(1) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-
AMOC-Requests@faa.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2004-07-22 R1 are approved as AMOCs
for the corresponding provisions of paragraphs (h), (i), and (j) of
this AD for the SSIs identified in the AMOC, except for any SSI that
has an expanded inspection area identified in Boeing Document No.
D6-35022, ``Supplemental Structural Inspection Document for Model
747 Airplanes,'' Revision H, dated September 2013; or Boeing
Document No. D6-35022-1, ``747-400 LCF Supplemental Structural
Inspection Document--Appendix A,'' dated November 2015.

(n) Related Information

    (1) For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 24, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-21147 Filed 9-7-16; 8:45 am]
 BILLING CODE 4910-13-P