MEMORANDUM Subject: Meeting with Chevron Regarding the Proposed Fuel Requirements for Nonroad Diesel Fuel From: Paul Machiele, Fuel Programs Center Director Office of Transportation and Air Quality To: Environmental Protection Agency ( EPA), Air Docket A 2001 28 Date: January 15, 2004 On January 7, 2004, we held a conference call with representatives Chevron to discuss the option considered in the Environmental Protection Agency's ( EPA's) proposed nonroad diesel rule to finalize a 15 ppm standard for locomotive and marine diesel fuel.

The following Chevron representatives participated in the meeting: ° Mike Ingham ° Hugh Dickey ° Bob Anderson The following EPA representatives participated in the meeting:

° Paul Machiele, Richard Rykowski, Jean Marie Revelt


[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Proposed Rules]
[Page 15401-15403]
[DOCID:fr06ap09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0309; Directorate Identifier 2008-NM-173-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Several cases have been reported of in-flight loss of the drive
strut fitting from the movable fairing of flap track No. 3.
Consequently, the flap track No. 3 fairing was detached from its aft
end, and found hanging. Investigations have shown that the
detachment of the aft lower drive strut fitting from the fairing
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss
of the affected aircraft parts, potentially resulting in injuries to
persons on the ground.

* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 6, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 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; fax +33 5 61 93 45 80, e-mail airworthiness.A330-
<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies
of the referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER> or
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
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, Washington 98057-3356; telephone (425)
227-1138; 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-2009-0309;
Directorate Identifier 2008-NM-173-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 (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0153, dated August 8, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Several cases have been reported of in-flight loss of the drive
strut fitting from the movable fairing of flap track No. 3.
Consequently, the flap track No. 3 fairing was detached from its aft
end, and found hanging. Investigations have shown that the
detachment of the aft lower drive strut fitting from the fairing
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss
of the affected aircraft parts, potentially resulting in injuries to
persons on the ground.
    For the reason described above, this AD requires the
modification of the movable flap track fairing No. 3, both Left Hand
(LH) and Right Hand (RH) side, and prohibits re-installation of
unmodified units.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A330-57-3095,
Revision 02, dated April 3, 2008; and A340-57-4103, Revision 01, dated
April 3, 2008. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

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 the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 35 products of U.S. registry. We also estimate that
it would take about 19 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $647 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $75,845, or $2,167 per product.

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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

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

Airbus: Docket No. FAA-2009-0309; Directorate Identifier 2008-NM-
173-AD.

Comments Due Date

    (a) We must receive comments by May 6, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Airbus Models A330-201, -202, -203, -223, -243, -301, -302,
-303, -321, -322, -323, -341, -342, and -343 airplanes, all
manufacturer serial numbers (MSN), except those on which Airbus
modification 55674 has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313
airplanes, all MSN, except those on which Airbus modification 55674
has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Several cases have been reported of in-flight loss of the drive
strut fitting from the movable fairing of flap track No. 3.
Consequently, the flap track No. 3 fairing was detached from its aft
end, and found hanging. Investigations have shown that the
detachment of the aft lower drive strut fitting from the fairing
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss
of the affected aircraft parts, potentially resulting in injuries to
persons on the ground.
    For the reason described above, this AD requires the
modification of the movable flap track fairing No. 3, both Left Hand
(LH) and Right Hand (RH) side, and prohibits re-installation of
unmodified units.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 months after the effective date of this AD, modify
the left- and right-hand movable flap track fairing No. 3, in
accordance with Airbus Mandatory Service Bulletin A330-57-3095,
Revision 02; or A340-57-4103, Revision 01; both dated April 3, 2008;
as applicable.
    (2) Modifying the left- and right-hand movable flap track
fairing No. 3 is also acceptable for compliance with the
requirements of paragraph (f)(1) of this AD if done before the
effective date of this AD in accordance with Airbus Mandatory
Service Bulletin A330-57-3095, Revision 01; or A340-57-4103; both
dated August 28, 2007; as applicable.
    (3) Installing a repaired left- and right-hand movable flap
track fairing No. 3 using replacement of a damaged insert by
through-bolts at the drive strut attachment fitting is acceptable
for compliance with the requirements of paragraph (f)(1) of this AD
if done before the effective date of this AD in accordance with the
repair instructions specified in Chapter 57-56-11, page block 201,
in one of the Airbus structural repair manuals listed in Table 1 of
this AD, as applicable.

                   Table 1--Structural Repair Manuals
------------------------------------------------------------------------
           Document                Revision               Date
------------------------------------------------------------------------
Airbus A330 Structural Repair               60  October 1, 2008.
 Manual.
Airbus A330 Structural Repair               61  January 1, 2009.
 Manual.
Airbus A340-200/-300                        64  October 1, 2008.
 Structural Repair Manual.
Airbus A340-200/-300                        65  January 1, 2009.
 Structural Repair Manual.
------------------------------------------------------------------------

    (4) As of the effective date of this AD, no person may install a
movable flap track fairing No. 3 on that airplane, unless it has
been modified or repaired in accordance with the requirements of
this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No Differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0153, dated August 8, 2008; and Airbus Mandatory
Service Bulletins A330-57-3095, Revision 02, and A340-57-4103,
Revision 01, both dated April 3, 2008; for related information.

    Issued in Renton, Washington, on March 30, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-7642 Filed 4-3-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Notices]
[Pages 68663-68664]
[FR Doc No: 2010-28111]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0150]

Federal Motor Vehicle Safety Standards; Rear Impact Guards; Rear
Impact Protection; Technical Report, on the Effectiveness of Underride
Guards for Heavy Trailers

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for comments on technical report.

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SUMMARY: This notice announces NHTSA's publication of a Technical
Report, its existing Safety Standard 223, Rear Impact Guards and Safety
Standard 224, Rear Impact Protection. The report's title is: The
Effectiveness of Underride Guards for Heavy Trailers.

DATES: Comments must be received no later than March 8, 2011.

ADDRESSES:
    Report: The technical report is available on the Internet for
viewing in PDF format at http://www-nrd.nhtsa.dot.gov/Pubs/811375.pdf.
You may obtain a copy of the report free of charge by sending a self-
addressed mailing label to Charles J. Kahane (NVS-431), National
Highway Traffic Safety Administration, Room W53-312, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
    Comments: You may submit comments [identified by Docket Number
NHTSA-2010-0150] by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
    You may call Docket Management at<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments, see
the Procedural Matters section of this document. Note that all comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Charles J. Kahane, Chief, Evaluation
Division, NVS-431, National Center for Statistics and Analysis,
National Highway Traffic Safety Administration, Room W53-312, 1200 New
Jersey Avenue, SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>. E-
mail<EMAIL_ADDRESS>    For information about NHTSA's evaluations of the effectiveness of
existing regulations and programs: You may see a list of published
evaluation reports at http://www-nrd.nhtsa.dot.gov/cats/listpublications.aspx?Id=226&ShowBy=Category and if you click on any
report you will be able to view it in PDF format.

SUPPLEMENTARY INFORMATION: Safety Standards 223 (49 CFR 571.223) and
224 (49 CFR 571.224) require underride guards meeting a strength test
on trailers with a GVWR of 10,000 pounds or greater manufactured on or
after January 24, 1998. Safety Standard 224 defines the size
requirements for the guards, while Safety Standard 223 describes
strength testing and energy absorption requirements for DOT-compliant
guards. This report is a statistical analysis of crash data aimed at
determining the effectiveness of standard-compliant underride guards at
preventing fatalities and serious injuries in crashes where a passenger
vehicle impacts the rear of a

tractor-trailer. The primary findings are the following:
     Data from Florida and North Carolina showed decreases in
fatalities and serious injuries to passenger vehicle occupants when
rear-ending a tractor-trailer subsequent to the implementation of
Safety Standards 223 and 224. However, the observed decreases are not
statistically significant at the 0.05 level, possibly due to the small
sample sizes of the data.
     Using supplemental data collection from North Carolina, it
is shown that passenger vehicle passenger compartment intrusion is more
apt to occur when the corner of the trailer is impacted, rather than
the center of the trailer. This result is statistically significant at
the 0.01 level.
     It is not possible to establish a nationwide downward
trend in fatalities when a passenger vehicle rear-ends a tractor-
trailer--neither in terms of total number of fatalities, percentage of
fatalities in rear impacts relative to other passenger vehicle
fatalities involved in tractor-trailer accidents, nor number of fatal
crashes per 1,000 total crashes. The Fatality Accident Reporting System
does not list the model year of the trailer.
    In April 2009, NHTSA issued An In-Service Analysis of Maintenance
and Repair Expenses for the Anti-Lock Brake System and Underride Guard
for Tractors and Trailers (74 FR 18803).

Procedural Matters

How can I influence NHTSA's thinking on this subject?

    NHTSA welcomes public review of the technical report. NHTSA will
submit to the Docket a response to the comments and, if appropriate,
will supplement or revise the report.

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the Docket
number of this document (NHTSA-2010-0150) in your comments.
    Your primary comments must not be more than 15 pages long (49 CFR
553.21). However, you may attach additional documents to your primary
comments. There is no limit on the length of the attachments.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or you may visit http://www.regulations.gov.
    Please send two paper copies of your comments to Docket Management,
fax them, or use the Federal eRulemaking Portal. The mailing address is
U.S. Department of Transportation, Docket Management Facility, M-30,
West Building, Ground Floor, Rm. W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. The fax number is 1-202-493-2251. To use the
Federal eRulemaking Portal, go to http://www.regulations.gov and follow
the online instructions for submitting comments.
    We also request, but do not require you to send a copy to Charles
J. Kahane, Chief, Evaluation Division, NVS-431, National Highway
Traffic Safety Administration, Room W53-312, 1200 New Jersey Avenue,
SE., Washington, DC 20590 (or e-mail them to chuck.kahane@dot.gov). He
can check if your comments have been received at the Docket and he can
expedite their review by NHTSA.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, send three copies of your complete submission,
including the information you claim to be confidential business
information, to the Chief Counsel, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Include a cover letter supplying the information specified in our
confidential business information regulation (49 CFR Part 512).
    In addition, send two copies from which you have deleted the
claimed confidential business information to U.S. Department of
Transportation, Docket Management Facility, M-30, West Building, Ground
Floor, Rm. W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
or submit them via the Federal eRulemaking Portal.

Will the agency consider late comments?

    In our response, we will consider all comments that Docket
Management receives before the close of business on the comment closing
date indicated above under DATES. To the extent possible, we will also
consider comments that Docket Management receives after that date.
    Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.

How can I read the comments submitted by other people?

    You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.

    Authority: 49 U.S.C. 30111, 30168; delegation of authority at 49
CFR 1.50 and 501.8.

James F. Simons,
Director, Office of Regulatory Analysis and Evaluation.
[FR Doc. 2010-28111 Filed 11-5-10; 8:45 am]
BILLING CODE 4910-59-P