Table 2: Two Component Model Estimates and Diagnostics ( EPA, Calibration Indicator)

Source Method Technique Analyte Calibration Number of Error Alpha Beta Eta Epsilon Order Spike Conc.

CL6000 365.2 . TOTAL PHOSPHORUS 3 12 NO 0.0000 1.0037 0.0275 0.0025 MT6000 1620 Axial ICP CADMIUM 1 5 NO  0.3740 1.1737 0.0154 0.0770 MT6000 1620 Axial ICP CADMIUM 3 7 NO . . . .

MT6000 1620 Axial ICP CHROMIUM 1 5 NO 0.0700 1.3143 0.0097 0.2484 MT6000 1620 Axial ICP CHROMIUM 3 7 NO 0.0440 1.2646 0.0014 0.1428 MT6000 1620 Axial ICP LEAD 1 5 NO  0.4060 1.2072 0.0080 0.8147 MT6000 1620 Axial ICP LEAD 3 7 NO 0.7360 1.1158 0.0026 0.5874 MT6000 1620 Axial ICP MOLYBDENUM 1 5 NO  1.6060 0.9007 0.0106 0.7892 MT6000 1620 Axial ICP MOLYBDENUM 3 7 YES . . . .

MT6000 1620 Axial ICP TIN 1 5 NO 0.7310 1.1835 0.0003 4.8290 MT6000 1620 Axial ICP TIN 3 7 NO  2.5760 1.2376 0.0127 0.8768 MT6000 200.8 ICP/ MS ALUMINUM 1 5 NO  0.5620 0.9628 0.0265 1.4239 MT6000 200.8 ICP/ MS ALUMINUM 3 8 NO 7.2920 0.8241 0.2797 4.8361 MT6000 200.8 ICP/ MS ANTIMONY 1 8 NO 0.0096 0.9595 0.0191 0.0094 MT6000 200.8 ICP/ MS ANTIMONY 2 8 YES . . . .

MT6000 200.8 ICP/ MS ARSENIC 1 8 NO  1.0278 1.0257 0.0202 0.0030 MT6000 200.8 ICP/ MS ARSENIC 2 8 NO  0.2266 0.9598 0.0067 0.0838 MT6000 200.8 ICP/ MS BARIUM 1 8 NO  0.0746 0.9585 0.0148 0.0210 MT6000 200.8 ICP/ MS BARIUM 2 8 NO 0.0151 1.1457 0.0044 0.0412 MT6000 200.8 ICP/ MS BERYLLIUM 1 8 NO  0.0843 1.1362 0.0445 0.0059 MT6000 200.8 ICP/ MS BERYLLIUM 2 8 NO 0.0038 1.1445 0.0115 0.0042 MT6000 200.8 ICP/ MS CADMIUM 1 8 YES  0.2108 1.0146 0.0140 0.0050 MT6000 200.8 ICP/ MS CADMIUM 2 8 YES  0.0077 1.1520 0.0306 0.0020 MT6000 200.8 ICP/ MS CHROMIUM 1 8 NO 0.7191 0.9945 0.0128 0.0902 MT6000 200.8 ICP/ MS CHROMIUM 2 8 NO 0.8095 1.6052 0.0279 0.1655 MT6000 200.8 ICP/ MS COBALT 1 8 NO  0.3699 1.0111 0.0221 0.0116 MT6000 200.8 ICP/ MS COBALT 2 8 YES . . . .

MT6000 200.8 ICP/ MS COPPER 1 8 NO 0.0071 1.0200 0.0228 0.0187 MT6000 200.8 ICP/ MS LEAD 1 8 NO 0.0509 1.0295 0.0180 0.0204 MT6000 200.8 ICP/ MS LEAD 2 8 NO 0.0770 0.7867 0.0777 0.1020 Table 2: Two Component Model Estimates and Diagnostics ( EPA, Calibration Indicator)

Source Method Technique Analyte Calibration Number of Error Alpha Beta Eta Epsilon Order Spike Conc.

MT6000 200.8 ICP/ MS MANGANESE 1 8 YES 0.1654 1.1744 0.0578 0.0002 MT6000 200.8 ICP/ MS MANGANESE 2 8 YES . . . .

MT6000 200.8 ICP/ MS MERCURY 1 5 NO 0.8399 0.3397 0.0734 0.0200 MT6000 200.8 ICP/ MS MOLYBDENUM 1 8 YES  0.1492 1.0249 0.0326 0.0018 MT6000 200.8 ICP/ MS MOLYBDENUM 2 8 YES . . . .

MT6000 200.8 ICP/ MS NICKEL 1 8 NO  0.0653 1.0783 0.0804 0.0649 MT6000 200.8 ICP/ MS NICKEL 2 8 NO 0.0296 1.2423 0.1614 0.0064 MT6000 200.8 ICP/ MS SELENIUM 1 8 NO  0.9597 1.0555 0.0383 0.0263 MT6000 200.8 ICP/ MS SELENIUM 2 8 NO  0.5236 1.0048 0.0012 0.0876 MT6000 200.8 ICP/ MS SILVER 1 8 YES  0.0036 0.8810 0.1066 0.0004 MT6000 200.8 ICP/ MS SILVER 2 8 YES . . . .

MT6000 200.8 ICP/ MS THALLIUM 1 8 YES . . . .

MT6000 200.8 ICP/ MS THALLIUM 2 8 YES . . . .

MT6000 200.8 ICP/ MS THORIUM 1 8 YES 0.2518 0.8373 0.0436 0.0060 MT6000 200.8 ICP/ MS THORIUM 2 8 YES . . . .

MT6000 200.8 ICP/ MS URANIUM 1 8 YES . . . .

MT6000 200.8 ICP/ MS URANIUM 2 8 YES . . . .

MT6000 200.8 ICP/ MS VANADIUM 1 8 NO  0.8290 1.0528 0.0223 0.1028 MT6000 200.8 ICP/ MS VANADIUM 2 8 NO  0.6076 1.0102 0.0338 0.2259 MT6000 200.8 ICP/ MS ZINC 1 8 NO  1.2452 1.1568 0.0515 0.4403 MT6000 200.8 ICP/ MS ZINC 2 8 NO 1.2179 0.6351 0.0096 1.3254


[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Proposed Rules]
[Pages 81216-81220]
[FR Doc No: 2015-32547]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-7533; Directorate Identifier 2015-NM-080-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A330-200 and -300 series airplanes, Model A330-200
Freighter series airplanes, and Airbus Model A340-541 and A340-642
airplanes. This proposed AD was prompted by a report of an under-
torqued forward engine mount bolt. This proposed AD would require a
one-time torque check of the forward and aft engine mount bolts, and
corrective actions if necessary. We are proposing this AD to detect and
correct improperly torqued engine mount bolts, which could lead to
detachment of the engine from the airplane during flight; and
consequent damage to the airplane and injury to persons on the ground.

DATES: We must receive comments on this proposed AD by February 12,
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5

p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email<EMAIL_ADDRESS>Internet http://www.airbus.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
425-227-1221.

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-2015-
7533; 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
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-7533;
Directorate Identifier 2015-NM-080-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 based on 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

    The European Aviation Safety Agency, which is the Technical Agent
for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0082, dated May 11, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain Airbus Model
A330-200 and -300 series airplanes, Model A330-200 Freighter series
airplanes, and Airbus Model A340-541 and A340-642 airplanes. The MCAI
states:

    In 2013, during a pre-delivery test on an A330 aeroplane fitted
with Pratt & Whitney (PW) PW4170 engines, an issue with N1
vibrations level on [engine] ENG1 was identified. While performing
an engine removal, one forward engine mount bolt was found
improperly torqued. The investigation concluded this was due to a
production line engine installation quality issue. Further analysis
showed that some aeroplanes, delivered between June 2006 and January
2014, may have had the rear (AFT) and forward (FWD) engine mount
bolts improperly torqued.
    This condition, if not detected and corrected, could ultimately
lead to an in-flight detachment of the engine from the aeroplane,
possibly resulting in damage to the aeroplane and/or injury to
persons on the ground.
    Prompted by these findings, Airbus issued four Alert Operators
Transmissions (AOT) A71L004-14 (for A330 aeroplanes fitted Pratt &
Whitney (PW) engines), AOT A71L006-14 (for A330 aeroplanes fitted
with General Electric (GE) engines), AOT A71L005-14 (for A330
aeroplanes fitted with Rolls Royce (RR) Trent 700 engines) and AOT
A71L008-14 (for A340 aeroplanes fitted with RR Trent 500 engines) to
provide torque check instructions.
    For the reasons described above, this [EASA] AD requires a one-
time torque check of the FWD and AFT engine mount bolts and,
depending on findings, [corrective actions] re-torque of the
affected bolt(s) and/or replacement of all four bolts and associated
nuts.

    Findings (or discrepancies) include one bolt that is loose or able
to rotate, two or more bolts that are loose or able to rotate, or one
or more pylon bolts that are fully broken. Corrective actions include
re-torqueing the affected bolt(s), and replacing all bolts and
associated nuts with new bolts and nuts on the engine where the loose
or fully broken bolt(s) were detected. This proposed AD specifies
reporting of all findings (including no discrepancies). The corrective
actions include re-torqueing loose bolts before further flight. The
compliance times for replacing loose or fully broken bolts ranges,
depend on airplane configuration, and range from before further flight
if more than one bolt rotates or is fully broken to no later than 2,350
flight cycles or 24,320 flight hours since first flight of the
airplane, if only one bolt rotates. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2015-7533.

Related Service Information Under 1 CFR Part 51

    We have reviewed the following service information.
     Airbus AOT A71L004-14, Revision 01, dated April 7, 2014.
The service information describes procedures for doing a one-time
torque check to determine if there are any loose or fully broken engine
mount pylon bolts at four positions at the forward engine pylon 1 and
pylon 2 of Airbus Model A330 series airplanes having Pratt and Whitney
engines, doing corrective actions, and reporting all findings.
     Airbus AOT A71L005-14, Revision 01, dated December 11,
2014. The service information describes procedures for doing a one-time
torque check to determine if there are any loose or fully broken engine
mount pylon bolts at four positions at the forward engine pylon 1 and
pylon 2 of Airbus Model A330 series airplanes having Trent 700 engines,
doing corrective actions, and reporting all findings.
     Airbus AOT A71L006-14, dated July 22, 2014. The service
information describes procedures for doing a one-time torque check to
determine if there are any loose or fully broken engine mount pylon
bolts at five FWD and four AFT positions at the forward engine pylon 1
and pylon 2 of Airbus Model A330 series airplanes having GE engines,
doing corrective actions, and reporting all findings.
     Airbus AOT A71L008-14, Revision 01, dated December 18,
2014. The service information describes procedures for doing a one-time
torque check to determine if there are any loose or fully broken engine
mount pylon bolts at four positions at the forward engine pylon 1 and
pylon 2 of Airbus Model A340 series airplanes having Trent 500 engines,
doing corrective actions, and reporting all findings.
    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 of this
NPRM.

Other Related Rulemaking

    On June 21, 2013, we issued AD 2013-14-04, Amendment 39-17509 (78
FR 68352, November 14, 2013). AD 2013-14-04 requires a torque check of
forward engine mount bolts, and replacement if necessary on all Airbus
Model A330-223F, -223, -321, -322, and -323 airplanes. AD 2013-14-04
was

prompted by a fatigue load analysis that determined that the inspection
interval for certain pylon bolts must be reduced. We issued AD 2013-04-
04 to detect and correct loose or broken bolts, which could lead to
engine detachment in-flight, and damage to the airplane.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 55 airplanes of U.S.
registry.
    We also estimate that it would take about 12 work-hours per product
to comply with the basic requirements of this proposed AD, and 1 work-
hour per product to report torque check findings. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this proposed AD on U.S. operators to be $60,755, or $1,105 per
product.
    In addition, we estimate that any necessary follow-on actions would
take about 20 work-hours and require parts costing $90,200 for a cost
of $91,900 per product. We have no way of determining the number of
aircraft that might need these actions.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to the FAA at 800 Independence Ave. SW., Washington, DC
20591, ATTN: Information Collection Clearance Officer, AES-200.

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):

Airbus: Docket No. FAA-2015-7533; Directorate Identifier 2015-NM-
080-AD.

(a) Comments Due Date

    We must receive comments by February 12, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs
(c)(1) through (c)(5) of this AD, certificated in any category, from
manufacturer serial number (MSN) 0715 through MSN 1507 inclusive,
and MSN 1509, except airplanes on which all engines have been
removed and/or replaced since the date of the first flight of the
airplane.
    (1) Airbus Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Airbus Model A330-223F and -243F airplanes.
    (3) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.
    (4) Airbus Model A340-541 airplanes.
    (5) Airbus Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by a report of an under-torqued forward
engine mount bolt. We are issuing this AD to detect and correct
improperly torqued engine mount bolts, which could lead to
detachment of the engine from the airplane during flight; and
consequent damage to the airplane and injury to persons on the
ground.

(f) Compliance

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

(g) Definition of Affected Engine

    For the purpose of this AD, an affected engine is an engine that
has never been removed and/or replaced since first flight of the
airplane.

(h) Action for Airbus Model A330 Airplanes Equipped With Pratt and
Whitney (PW) Engines

    (1) For Model A330-200, -200 Freighter, and -300 series
airplanes equipped with PW engines: At the earlier of the times
specified in paragraph (h)(1)(i) and (h)(1)(ii) of this AD,
accomplish a one-time torque check of the forward (FWD) and rear
(AFT) engine mount bolts on each affected engine, at the locations

specified in, and in accordance with the instructions of Section
4.2.2, ``Inspection Requirements,'' of Airbus Alert Operators
Transmission (AOT) A71L004-14, Revision 01, dated April 7, 2014.
    (i) Within 2,000 flight hours after the effective date of this
AD.
    (ii) During the accomplishment of Airbus Service Bulletin A330-
71-3028, Revision 01, dated February 20, 2012, if done after the
effective date of this AD.
    (2) If, during the torque check required by paragraph (h)(1) of
this AD, only one FWD bolt is found that rotates: Do the actions
specified in paragraph (h)(2)(i), (h)(2)(ii), (h)(2)(iii), or
(h)(2)(iv) of this AD, as applicable.
    (i) For Model A330-200 and -300 series airplanes with an average
flight time of greater than 132 minutes and having accumulated less
than 2,350 flight cycles and less than 24,320 flight hours since
first flight of the airplane: Before further flight, re-torque the
affected bolt, and, within 2,350 flight cycles or 24,320 flight
hours since first flight of the airplane, whichever occurs first,
replace the 4 bolts and associated nuts, in accordance with the
instructions of Section 4.2.3, ``Findings,'' of Airbus AOT A71L004-
14, Revision 01, dated April 7, 2014.
    (ii) For Model A330-200 and -300 series airplanes with an
average flight time of 132 minutes or lower and having accumulated
less than 1,950 flight cycles and less than 20,210 flight hours
since first flight of the airplane: Before further flight, re-torque
the affected bolt, and within 2,350 flight cycles or 24,320 flight
hours since first flight of the airplane, whichever occurs first,
replace the 4 bolts and associated nuts, in accordance with the
instructions of Section 4.2.3, ``Findings,'' of Airbus AOT A71L004-
14, Revision 01, dated April 7, 2014.
    (iii) For Model A330-200 Freighter series airplanes having
accumulated less than 2,140 flight cycles and less than 6,600 flight
hours since first flight of the airplane: Before further flight, re-
torque the affected bolt and within 2,140 flight cycles or 6,600
flight hours since first flight of the airplane, whichever occurs
first, replace the 4 bolts and associated nuts, in accordance with
the instructions of Section 4.2.3, ``Findings,'' of Airbus AOT
A71L004-14, Revision 01, dated April 7, 2014.
    (iv) For airplanes identified in paragraphs (h)(2)(iv)(A),
(h)(2)(iv)(B), and (h)(2)(iv)(C) of this AD: Before further flight,
replace the 4 bolts and associated nuts in accordance with the
instructions of Section 4.2.3, ``Findings,'' of AOT A71L004-14,
Revision 01, dated April 7, 2014.
    (A) Model A330-200 and -300 series airplanes with an average
flight time of greater than 132 minutes and having accumulated 2,350
flight cycles or more or 24,320 flight hours or more since first
flight of the airplane.
    (B) Model A330-200 and -300 series airplanes with an average
flight time of 132 minutes or lower and having accumulated 1,950
flight cycles or more or 20,210 flight hours or more since first
flight of the airplane.
    (C) Model A330-200 Freighter series airplanes having accumulated
2,140 flight cycles or more or 6,600 flight hours or more since
first flight of the airplane:
    (3) If, during the torque check required by paragraph (h)(1) of
this AD, two or more FWD bolts are found that rotate: Before further
flight, replace the 4 bolts and associated nuts in accordance with
the instructions of Section 4.2.3, ``Findings,'' of Airbus AOT
A71L004-14, Revision 01, dated April 7, 2014.
    (4) If, during the torque check required by paragraph (h)(1) of
this AD, one or more FWD pylon bolts are found fully broken: Before
further flight, replace the 4 bolts and associated nuts in
accordance with the instructions of Section 4.2.3, ``Findings,'' of
Airbus AOT A71L004-14, Revision 01, dated April 7, 2014, except as
required by paragraph (m)(2) of this AD.
    (5) If, during the torque check required by paragraph (h)(1) of
this AD, only one AFT bolt is found that rotates: Before further
flight, re-torque the affected bolt, and replace the 4 bolts and
associated nuts at the next engine removal, in accordance with the
instructions of Section 4.2.3, ``Findings,'' of Airbus AOT A71L004-
14, Revision 01, dated April 7, 2014.
    (6) If, during the torque check required by paragraph (h)(1) of
this AD, two or more AFT bolts are found that rotate: Before further
flight, replace the 4 bolts and associated nuts in accordance with
the instructions of Section 4.2.3, ``Findings,'' of Airbus AOT
A71L004-14, Revision 01, dated April 7, 2014.
    (7) If, during the torque check required by paragraph (h)(1) of
this AD, one or more AFT pylon bolts are found fully broken: Before
further flight, replace the 4 bolts and associated nuts in
accordance with the instructions of Section 4.2.3, ``Findings,'' of
Airbus AOT A71L004-14, Revision 01, dated April 7, 2014, except as
required by paragraph (m)(2) of this AD.

(i) Concurrent Actions

    AD 2013-14-04, Amendment 39-17509 (78 FR 68352, November 14,
2013), requires a torque check of forward engine mount bolts using
Airbus Service Bulletin A330-71-3028, Revision 01, dated February
20, 2012. If accomplishing the torque check of FWD engine mount
bolts within the compliance times specified in paragraph (g) of the
FAA AD 2013-14-04 using Airbus Service Bulletin A330-71-3028,
Revision 01, dated February 20, 2012, perform the torque check of
the AFT engine mount bolts at the same time.

(j) Action for Airbus Model A330 Airplanes Equipped With General
Electric (GE) Engines

    (1) For Airbus Model A330-200, -200 Freighter, and -300 series
airplanes equipped with GE engines: Within 2,000 flight hours after
the effective date of this AD, accomplish a one-time torque check of
the FWD and AFT engine mount bolts on each affected engine, at the
locations specified in, and in accordance with the instructions of
Section 4.2.2, ``Inspection Requirements,'' of Airbus AOT A71L006-
14, dated July 22, 2014.
    (2) If, during the torque check required by paragraph (j)(1) of
this AD, only one FWD bolt is found that rotates: Do the actions
specified in paragraphs (j)(2)(i) and (j)(2)(ii) of this AD, as
applicable.
    (i) For airplanes that have accumulated less than 4,000 flight
cycles and less than 30,800 flight hours since first flight of the
airplane: Before further flight, re-torque affected FWD engine mount
bolt(s), in accordance with the instructions of Section 4.2.3,
``Findings,'' of Airbus AOT A71L006-14, dated July 22, 2014, and,
within 4,000 flight cycles or 30,800 flight hours since first flight
of the airplane, whichever is first, replace the 5 bolts, as
applicable, and their associated nuts with new bolts and nuts in
accordance with the instructions of Section 4.2.3, ``Findings,'' of
Airbus AOT A71L006-14, dated July 22, 2014.
    (ii) For airplanes that have accumulated 4,000 flight cycles or
more or 30,800 flight hours or more since first flight of the
airplane: Before further flight, replace the 5 FWD engine mount
bolts, as applicable, and their associated nuts with new bolts and
nuts in accordance with the instructions of Section 4.2.3,
``Findings,'' of Airbus AOT A71L006-14, dated July 22, 2014.
    (3) If, during the torque check required by paragraph (j)(1) of
this AD, two or more FWD bolts are found that rotate: Repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (p)(1) of this AD.
    (4) If, during the torque check required by paragraph (j)(1) of
this AD, one or more FWD pylon bolts are found fully broken: Repair
before further flight using a method approved in accordance with the
procedures specified in paragraph (p)(1) of this AD.
    (5) If, during the torque check required by paragraph (j)(1) of
this AD, only one AFT bolt is found that rotates: Before further
flight, re-torque the affected AFT engine mount bolt(s) in
accordance with the instructions of Section 4.2.3, ``Findings,'' of
Airbus AOT A71L006-14, dated July 22, 2014, and, at the next engine
removal, replace the 4 bolts and associated nuts with new bolts and
nuts in accordance with the instructions of Section 4.2.3,
``Findings,'' of Airbus AOT A71L006-14, dated July 22, 2014.
    (6) If, during the torque check required by paragraph (j)(1) of
this AD, two or more AFT bolts are found that rotate: Repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (p)(1) of this AD.
    (7) If, during the torque check required by paragraph (j)(1) of
this AD, one or more AFT pylon bolts are found fully broken: before
further flight, do all applicable corrective actions in accordance
with the instructions of Section 4.2.3, ``Findings,'' of Airbus AOT
A71L006-14, dated July 22, 2014, except as required by paragraph
(m)(2) of this AD.

(k) Action for Airbus Model A330 Airplanes Equipped With Rolls-Royce
(RR) Trent 700 Engines

    (1) For Airbus Model A330-200, -200 Freighter, and -300 series
airplanes equipped with RR Trent 700 Engines: Within 2,000 flight
hours after the effective date of this AD, accomplish a one-time
torque check of the FWD and AFT engine mount bolts on each affected
engine, at the locations specified in,

and in accordance with the instructions of Section 4.2.2,
``Inspection Requirements,'' of Airbus AOT A71L005-14, Revision 01,
dated December 11, 2014.
    (2) If, during the torque check required by paragraph (k)(1) of
this AD, any discrepancy is detected (one bolt rotates, two or more
bolts rotate, or one or more bolts are fully broken): Within the
compliance time specified in Airbus AOT A71L005-14, Revision 01,
dated December 11, 2014, accomplish all applicable corrective
actions in accordance with the instructions of Section 4.2.3,
``Findings,'' of Airbus AOT A71L005-14, Revision 01, dated December
11, 2014, except as required by paragraphs (m)(1) and (m)(2) of this
AD.

(l) Action for Airbus Model A340-541 and -642 Airplanes Equipped With
Rolls-Royce Trent 500 Engines

    (1) For Airbus Model A340-541 and -642 airplanes equipped with
Rolls-Royce Trent 500 Engines: Within 2,000 flight hours after the
effective date of this AD, accomplish a one-time torque check of FWD
and AFT engine mount bolts on each affected engine, at the locations
specified in, and in accordance with the instructions of Section
4.2.2, ``Inspection requirements,'' of Airbus AOT A71L008-14,
Revision 01, dated December 18, 2014.
    (2) If, during the torque check required by paragraph (l)(1) of
this AD, any discrepancy is detected (one bolt rotates, two or more
bolts rotate, or one or more bolts are fully broken): Within the
compliance time specified in Airbus AOT A71L008-14, Revision 01,
dated December 18, 2014, accomplish all applicable corrective
actions, in accordance with the instructions of Section 4.2.3,
``Findings,'' of Airbus AOT A71L008-14, Revision 01, dated December
18, 2014, except as required by paragraphs (m)(1) and (m)(2) of this
AD.

(m) Service Information Exceptions

    (1) Where Airbus AOTs A71L005-14, Revision 01, dated December
11, 2014; A71L006-14, dated July 22, 2014; and A71L008-14, dated
September 29, 2014, specify to contact Airbus for further actions,
before further flight, repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA).
    (2) Where Airbus AOT A71L004-14, Revision 01, dated April 7,
2014; AOT A71L005-14, Revision 01, dated December 11, 2014; AOT
A71L006-14, dated July 22, 2014; and AOT A71L008-14, Revision 01,
dated December 18, 2014, specify actions ``if one pylon bolt fully
broken,'' this AD requires that those actions be done if one or more
pylon bolt is found fully broken during any torque check required by
paragraph (h)(1), (j)(1), (k)(1) or (l)(1) of this AD.

(n) Reporting

    At the applicable time specified in paragraphs (n)(1) and (n)(2)
of this AD: After accomplishment of any torque check required by
paragraphs (h), (j), (k), and (l) of this AD, report all inspection
results to Airbus, including no findings, in accordance with the
``Reporting'' section of the applicable service information
specified in paragraphs (h), (j), (k), and (l) of this AD.
    (1) If the torque check was done on or after the effective date
of this AD: Submit the report within 30 days after the torque check.
    (2) If the torque check was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.

(o) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Airbus AOT A71L004-14, dated April
1, 2014 (for Airbus Model A330 Airplanes Equipped with Pratt and
Whitney Engines), which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraph (k) of this AD, if those actions were performed before the
effective date of this AD using Airbus AOT A71L005-14, dated
September 29, 2014 (for Airbus Model A330 Airplanes Equipped with
Rolls-Royce Trent 700 Engines), which is not incorporated by
reference in this AD.
    (3) This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before the
effective date of this AD using Airbus AOT A71L008-14, dated
September 29, 2014 (for Airbus Model A340 Airplanes Equipped with
Rolls-Royce Trent 500 Engines), which is not incorporated by
reference in this AD.

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA 1601 Lind Avenue SW., Renton, WA
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0082, dated May 11, 2015,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2015-7533.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this 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 December 18, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-32547 Filed 12-28-15; 8:45 am]
 BILLING CODE 4910-13-P


As EPA evaluates the classes within the groups identified in this
notice, in the course of developing a proposed regulation, or in the
course of deciding whether to develop a proposed regulation, the Agency
will consider information it receives on these issues.

IV. Conclusion

    In today's notice, EPA has identified classes of facilities within
(1) the Chemical Manufacturing industry (NAICS 325), (2) the Petroleum
and Coal Products Manufacturing industry (NAICS 324), and (3) the
Electric Power Generation, Transmission, and Distribution industry
(NAICS 2211), as those for which EPA plans to develop, as necessary, a
proposed regulation identifying appropriate financial responsibility
requirements under CERCLA Section 108(b). EPA will carefully examine
specific activities, practices, and processes involving hazardous
substances at these facilities, as well as Federal and State
authorities, policies, and practices to determine the risks posed by
these classes of facilities and whether requirements under CERLCA
Section 108(b) will effectively reduce these risks. Any financial
responsibility regulations developed by the Agency as the result of its
analysis will be proposed in the Federal Register for public notice and
comment.
    In addition, the Agency has identified classes of facilities
within: (1) The Waste Management and Remediation Services industry
(NAICS 562), (2) facilities engaged in the recycling of

materials containing CERCLA hazardous substances, (3) the Wood Product
Manufacturing industry (NAICS 321), (4) the Fabricated Metal Product
Manufacturing industry (NAICS 332), and (5) the Electronics and
Electrical Equipment Manufacturing industry (NAICS 334 and 335), as
classes of facilities that require further study before EPA begins
development of a proposed regulation under CERCLA Section 108(b). Once
the in-depth analysis is complete, the Agency will decide whether to
begin development of a proposed regulation for these classes of
facilities.\85\
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    \85\ As part of developing proposed and final rules, the Agency
will consider whether facilities within the classes identified in
this notice that have RCRA permits or are subject to interim status
requirements under RCRA, and already are subject to RCRA financial
assurance and facility-wide corrective action requirements, also
need to be subject to financial responsibility requirements under
CERCLA Section 108(b). In addition, EPA is aware, and will consider
in its development of proposed and final rules, that some facilities
within the classes identified in this notice may be subject to other
financial responsibility requirements.

    Dated: December 30, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9-31399 Filed 1-5-10; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Rules and Regulations]
[Pages 34065-34067]
[FR Doc No: 2019-14986]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9995-39-Region 3]

Outer Continental Shelf Air Regulations; Consistency Update for
Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is updating a
portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which Maryland is the designated COA.
The State of Maryland's requirements discussed in this document, and
listed in the appendix to the Federal OCS air regulations, are approved
for incorporation into the compilation of state provisions that is
incorporated by reference.

DATES: This rule is effective on August 16, 2019. The incorporation by
reference of a certain publication listed in this rule is approved by
the Director of the Federal Register as of August 16, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0568. All documents in the docket are listed on
the https://www.regulations.gov website. 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 through
https://www.regulations.gov, or please contact the person identified in
the ``For Further Information Contact'' section for additional
availability information.

FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Mrs. Johansen can also be
reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 9, 2019 (84 FR 14078), EPA published a Notice of Proposed
Rulemaking (NPRM) proposing to approve various Maryland air pollution
control requirements for inclusion in the updated compilation of
``State of Maryland Requirements Applicable to OCS Sources,'' dated
December 6, 2018, which is incorporated by reference into 40 CFR part
55. EPA did not receive any comments on the NPRM.
    Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at
least annually; (2) upon receipt of a Notice of Intent (NOI) under 40
CFR 55.4; or (3) when a state or local agency submits a rule to EPA to
be considered for incorporation by reference in 40 CFR part 55. This
action is being taken to update 40 CFR part 55, in accordance with the
requirements at 40 CFR part 55.12, since the last consistency update
occurred more than one year ago.
    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
    EPA reviewed Maryland's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of Federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules,\1\ and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards. Other specific
requirements of the consistency update and the rationale for EPA's
proposed action are explained in the April 9, 2019 NPRM and will not be
restated here.
---------------------------------------------------------------------------

    \1\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
---------------------------------------------------------------------------

II. Final Action

    EPA is taking final action to incorporate the rules potentially
applicable to OCS sources for which the State of Maryland will be the
COA. The rules that EPA is taking final action to incorporate are
applicable provisions of the Code of Maryland Regulations (COMAR), as
amended through December 6, 2018. The rules that EPA is taking final
action to incorporate will replace the rules previously incorporated
into ``State of Maryland Requirements Applicable to OCS Sources,''
dated May 6, 2016, which was incorporated by reference into 40 CFR part
55. See 81 FR 62393 (September 9, 2016).

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of ``State
of Maryland Requirements Applicable to OCS Sources,'' dated December 6,
2018, which is the compilation of provisions of the COMAR described in
the amendments to 40 CFR part 55 set forth below. EPA has made, and
will continue to make, these materials available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25

miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. 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);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
     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).
    In addition, this rule incorporating by reference sections of
COMAR, does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because this action is not
approved to apply in Indian country located in the state, and EPA notes
that it does not impose substantial direct costs on tribal governments
or preemptive tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\2\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is estimated
to average 643 hours per response, using the definition of burden
provided in 44 U.S.C. 3502(2).
---------------------------------------------------------------------------

    \2\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
---------------------------------------------------------------------------

    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. The 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 September 16, 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).)
    EPA is incorporating the rules potentially applicable to sources
for which the State of Maryland is the COA. The rules that EPA is
incorporating are applicable provisions of COMAR.

List of Subjects in 40 CFR Part 55

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

    Dated: June 7, 2019.
Diana Esher,
 Acting Regional Administrator, Region III.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

     Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by revising paragraph (e)(10)(i)(A) to read
as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (10) * * *
    (i) * * *
    (A) State of Maryland Requirements Applicable to OCS Sources,
December 6, 2018.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``Maryland'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *

Maryland

    (a) * * *
    (1) The following State of Maryland requirements are applicable
to OCS Sources, December 6, 2018, State of Maryland-Department of
the Environment.

    The following sections of Code of Maryland Regulations (COMAR)
Title 26 Subtitle 11:

COMAR 26.11.01--General Administrative Provisions (Effective as of
December 6, 2018)

COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as
of February 12, 2018)
COMAR 26.11.03--Permits, Approvals, and Registration- Title V
Permits (Effective as of November 12, 2010)
COMAR 26.11.05--Air Pollution Episode System (Effective as of
November 12, 2010)
COMAR 26.11.06--General Emission Standards, Prohibitions, and
Restrictions (Effective as of July 02, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of December 6,
2018)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary
Internal Combustion Engines and Certain Fuel-Burning Installations
(Effective as of December 6, 2018)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound
Storage and Handling (Effective as of July 21, 2014)
COMAR 26.11.15--Toxic Air Pollutants (Effective as of November 12,
2010)
COMAR 26.11.16--Procedures Related to Requirements for Toxic Air
Pollutants (Effective as of November 12, 2010)
COMAR 26.11.17--Nonattainment Provisions for Major New Sources and
Major Modifications (Effective as of April 09, 2018)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes
(Effective as of September 28, 2015)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and
Sealants (Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of February 12,
2018)
COMAR 26.11.39--Architectural and Industrial Maintenance (AIM)
Coatings (Effective as of April 2016)
* * * * *
[FR Doc. 2019-14986 Filed 7-16-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Notices]
[Pages 59162-59163]
[FR Doc No: 2021-23328]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0196; FRL-9136-01-OCSPP]

Pesticide Program Dialogue Committee; Notice of Charter Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of charter renewal.

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SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has determined that, in accordance with the provisions of
the Federal Advisory Committee Act (FACA), 5 U.S.C. app. 2, the
Pesticide Program Dialogue Committee (PPDC) is in the public interest
and is necessary in connection with the performance of EPA's duties.
Accordingly, PPDC will be renewed for an additional two-year period.
The purpose of PPDC is to provide advice and recommendations to the EPA
Administrator on issues associated with regulatory development and
reform initiatives, evolving public policy and program implementation
issues, and science issues associated with evaluating and reducing
risks from use of pesticide.

FOR FURTHER INFORMATION CONTACT: Shannon Jewell, Designated Federal
Officer, PPDC, U.S. EPA, 1200 Pennsylvania Ave. NW, Washington, DC
20460, Telephone:<PHONE_NUMBER>, Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you work in
agricultural settings or if you are concerned about implementation of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7
U.S.C. 136 et seq.); the Federal Food, Drug, and Cosmetic Act (FFDCA)
(21 U.S.C. 301 et seq.); and the amendments to both of these major
pesticide laws by the Food Quality Protection Act (FQPA) of 1996; the
Pesticide Registration Improvement Act (PRIA) (which amends FIFRA
section 33); and the Endangered Species Act (ESA) (16 U.S.C. 1531 et
seq.). Potentially affected entities may include but are not limited
to: Agricultural workers and farmers; pesticide industry and trade
associations; environmental, consumer, farmworker and environmental
justice organizations; pesticide users and growers; animal rights
groups; pest consultants; State, local, and tribal governments;
academia; public health organizations; and the public. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0196, is available online at http://www.regulations.gov.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
    Once the EPA/DC is reopened to the public, the docket will also be
available in-person at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the EPA/DC, West William Jefferson
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC
20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPP Docket is<PHONE_NUMBER>.
    Authority: 5 U.S.C. appendix 2et seq.

    Dated: October 21, 2021.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2021-23328 Filed 10-25-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Rules and Regulations]
[Pages 50560-50563]
[FR Doc No: 2022-17789]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0990; Project Identifier MCAI-2022-00372-T;
Amendment 39-22137; AD 2022-16-08]
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: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a dual-engine automatic
shutdown on landing. This AD requires revising the existing airplane
flight manual (AFM) to incorporate a new normal procedure and revised
non-normal procedures, as specified in a Transport Canada Civil
Aviation (TCCA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective September 1, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 1,
2022.
    The FAA must receive comments on this AD by October 3, 2022.

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 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 material 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]; internet tc.canada.ca/en/aviation. 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 www.regulations.gov by searching for and
locating Docket No. FAA-2022-0990.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0990; 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 AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0990; Project Identifier MCAI-
2022-00372-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Jiwan
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<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-2022-11, dated March 17, 2022 (TCCA AD CF-2022-11) (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.
TCCA AD CF-2022-11 supersedes TCCA AD CF-2021-44, dated December 2,
2021.
    This AD was prompted by a dual-engine automatic shutdown on landing
experienced by a Model BD-500-1A11 airplane. The crew successfully
stopped the airplane with degraded systems and functions. An
investigation is ongoing to determine the root cause, but preliminary
findings of this event indicate that erroneous uncontrolled high thrust
(UHT) detection can occur above 16,000 feet when the thrust lever is
manually and abruptly \1\ moved towards the idle position. Based on the
preliminary findings from the ongoing investigation, and as a result of
extensive subsequent communication with TCCA and Airbus Canada to
determine the extent and urgency of the identified unsafe condition,
the FAA is issuing this AD, which corresponds to TCCA AD CF-2022-11.
TCCA AD CF-2022-11 is an interim action that includes revising the
existing AFM by incorporating new AFM operating procedures to mitigate
any UHT event--which can result in, for example, stall on the runway or
loss of braking on landing--that may occur until the investigation is
complete. The FAA is issuing this AD to address an erroneous UHT
detection in flight, which would result in engine shutdown on landing
with or without indications or crew alerting system messages displayed
before landing, and, in the case of an automatic dual-engine shutdown
upon landing, could result in loss of braking, loss of control of the
airplane, and a runway excursion. See the MCAI for additional
background information.
---------------------------------------------------------------------------

    \1\ See definition of abrupt throttle movement in Figure 1 of
TCCA AD CF-2022-11.
---------------------------------------------------------------------------

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2022-11 specifies procedures for revising the existing
AFM to incorporate a new normal procedure for low-altitude descent
check (below 16,000 feet) and revised non-normal procedures for ``L
THROTTLE FAIL'' and ``R THROTTLE FAIL.'' These procedures, which are
specified in paragraph D of TCCA AD CF-2022-11, replace the interim
procedures introduced by TCCA AD CF-2021-44; those interim procedures
are specified in paragraphs A and B of TCCA AD CF-2022-11. 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

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

Requirements of This AD

    This AD requires accomplishing actions specified in paragraph D of
TCCA AD CF-2022-11 described previously.

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,
TCCA AD CF-2022-11 is incorporated by reference in this AD. This AD
requires compliance with certain actions in TCCA AD CF-2022-11 through
that incorporation. Service information required by TCCA AD CF-2022-11
for compliance will be available at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0990 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because an erroneous UHT detection in flight would result in engine
shutdown on landing with or without indications or CAS messages
displayed before landing. An automatic dual-engine shutdown upon
landing could result in loss of braking, loss of control of the
airplane, and a runway excursion. Accordingly, notice and opportunity
for prior public comment are impracticable and contrary to the

public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 69 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $5,865
----------------------------------------------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

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 adding the following new airworthiness
directive:

2022-16-08 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22137; Docket No. FAA-2022-0990;
Project Identifier MCAI-2022-00372-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 1,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (Type
Certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category, as identified in Transport
Canada Civil Aviation (TCCA) AD CF-2022-11, dated March 17, 2022
(TCCA AD CF-2022-11).

(d) Subject

    Air Transport Association (ATA) of America Code 72, Turbine/
turboprop engine.

(e) Unsafe Condition

    This AD was prompted by a report of a dual-engine automatic
shutdown on landing. The FAA is issuing this AD to address an
erroneous uncontrolled high thrust detection in flight, which would
result in engine shutdown on landing with or without indications or
crew alerting system messages displayed before landing, and, in the
case of an automatic dual-engine shutdown upon landing, could result
in loss of braking, loss of control of the airplane, and a runway
excursion.

(f) Compliance

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

(g) Requirements

    Within 120 days from the effective date of this AD, revise the
existing airplane flight manual (AFM) in accordance with paragraph D
of TCCA AD CF-2022-11.

(h) 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.

(i) Related Information

    For more information about this AD, contact Jiwan Karunatilake,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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-2022-11, dated
March 17, 2022.
    (ii) [Reserved]
    (3) For TCCA AD CF-2022-11, contact TCCA, Transport Canada
National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone<PHONE_NUMBER>; email [email protected]; internet tc.canada.ca/en/aviation.
    (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 www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-17789 Filed 8-15-22; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register: October 18, 2005 (Volume 70, Number 200)]
[Notices]
[Page 60583]
[DOCID:fr18oc05-129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52592; File No. SR-Amex-2004-76]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Approving Proposed Rule Change and Amendment Nos. 1 and 2 Relating to
Contingency Trading Procedures

October 12, 2005.

I. Introduction

    On September 10, 2004, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt Amex Rule 119A regarding contingency
trading procedures. On August 26, 2005, the Exchange submitted
Amendment No. 1 to the proposal.\3\ On August 29, 2005, the Exchange
submitted Amendment No. 2 to the proposal.\4\ The proposed rule change,
as amended, was published for notice and comment in the Federal
Register on September 7, 2005.\5\ The Commission received no comment
letters regarding the proposed rule change. This order approves the
proposed rule change, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange substantially revised the
proposed rule text and corresponding description of the proposal in
its Form 19b-4. Amendment No. 1 replaced Amex's original filing in
its entirety.
    \4\ In Amendment No. 2, the Exchange made minor corrections to
the rule text.
    \5\ See Securities Exchange Act Release No. 52360 (August 30,
2005), 70 FR 53260 (``Notice'').
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II. Description of Proposal

    As set forth in the Notice, the Amex proposes to adopt a new Rule
119A, setting forth the Exchange's contingency trading with respect to
the use of the Exchange's ``Alternative Trading Facility'' (``ATF''),
which is a remote facility established by the Exchange for trading
securities admitted to dealings in the event that the Exchange's
primary trading facility at 86 Trinity Place is wholly or partially
unusable.
    Under proposed Amex Rule 119A(b) the provisions of the Constitution
and Rules of the Exchange are applicable to trading conducted on the
ATF, except to the extent that the provisions of Amex Rule 119A govern,
or unless the context otherwise requires. Paragraph (c) of proposed
Amex Rule 119A provides that the Exchange's Executive Vice President
for Market Operations and Trading Floor Systems or his or her
designee(s) shall have authority to designate the individuals who will
be allowed to conduct a securities business on the ATF from among those
members, member organizations, and persons associated with those
members and member organizations who are entitled to trade and support
trading at the Exchange's facility at 86 Trinity Place. Not all persons
who generally conduct business at the Exchange's regular facility will
be able to use the ATF due to occupancy restrictions at the facility.
One or more individuals from each broker and specialist unit will be
allowed to conduct business on the ATF. Registered Option Traders
(``ROTs'') will be allowed to conduct business on the ATF to the extent
that there is space in the ATF to accommodate them based upon their
volume of trading. Paragraph (d) to proposed Amex Rule 119A provides
that if a ROT is not allowed to trade on the ATF, the ROT may initiate
opening trades for his or her market maker account from off the ATF
without reference to in-person requirements or the requirement that
off-floor orders be effected only for hedging, reducing risk,
rebalancing or liquidating positions.
    The Exchange states that, although it has installed tethered
telephones at the ATF, it has not replicated its wireless telephone
system at this facility. As a result, the Amex is proposing to allow
members to use personal cellular telephones to conduct business on the
ATF subject to the same conditions that were applicable to the use of
personal cellular telephones on the Amex following September 11, 2001.
The conditions applicable to the use of personal cellular telephones on
the ATF are set forth in paragraph (e) to the proposed rule. Paragraph
(f) provides that Exchange Officials may substitute for Senior Floor
Officials without reference to their seniority in the event that a
Floor Official's ruling is appealed to a three Senior Floor Official
panel and there is an insufficient number of available Senior Floor
Officials to consider the appeal.\6\
---------------------------------------------------------------------------

    \6\ The Exchange recently amended Amex Rule 22 to establish a
three-level review process in which Floor Official decisions, as
needed, may be appealed to a three Senior Floor Official Panel. See
Securities Exchange Act Release No. 52527 (September 29, 2005), 70
FR 58246 (October 5, 2005) (SR-Amex-2005-052).
---------------------------------------------------------------------------

III. Discussion

    After careful consideration, the Commission finds that the Amex's
proposed rule change, as amended, is consistent with Section 6(b) of
the Act \7\ in general and furthers the objectives of Section 6(b)(5)
\8\ in particular in that it is designed to foster cooperation and
coordination with persons engaged in regulating, clearing, settling and
processing information with respect to, and facilitating transactions
in securities.\9\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Commission believes that the Amex's proposed rule change, as
amended, is an important element of ongoing contingency planning and
reasonably designed to permit trading in the event that the Exchange's
primary facilities are not available. As proposed, the Commission
believes that the ATF is reasonably designed to provide a venue
sufficient to accommodate a minimum threshold of Amex members and
personnel to support continued operations of the Exchange on a
contingency basis. The Commission further believes that the provisions
of proposed Amex Rule 119A are reasonably designed to permit the fair
and orderly trading of Amex-listed securities on the ATF.

IV. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\10\ that the proposed rule change (SR-Amex-2004-76), as amended,
is approved.
---------------------------------------------------------------------------

    \10\ 10 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E5-5719 Filed 10-17-05; 8:45 am]

BILLING CODE 8010-01-P