[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]
[Page 16651-16655]
[DOCID:fr02ap10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0684; Directorate Identifier 2008-NM-149-AD;
Amendment 39-16247; AD 2010-07-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 747-200C and -
200F Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Model 747-200C and -200F series
airplanes. That AD currently requires repetitive inspections to find
fatigue cracking in the floor panel attachment fastener holes of the
upper chord of certain upper deck floor beams in Section 41 (i.e., body
station 520 and forward), and repair if necessary. The existing AD also
provides optional modifications, which extend the threshold for
initiating certain repetitive inspections. This new AD requires
additional repetitive inspections to find fatigue cracking in the floor
panel attachment fastener holes of the upper chord of certain other
upper deck floor beams in Section 41 and Section 42 (i.e., aft of body
station 520); repetitive inspections to find fatigue cracking in the
permanent fastener holes of the upper chord of certain upper deck floor
beams in Section 41; and related investigative and corrective actions.
This new AD also provides a new optional modification, which terminates
certain repetitive inspections. This AD results from new reports of
cracking in the upper chord of the upper deck floor beams in Sections
41 and 42, and new analysis that shows the permanent fastener holes of
the upper chord of certain upper deck floor beams in Section 41 are
also susceptible to fatigue cracking. We are issuing this AD to detect
and correct cracking in the upper chord of the upper deck floor beams.
Such cracking could extend and sever the floor beams, which could
result in rapid decompression and loss of controllability of the
airplane.

DATES: This AD becomes effective May 7, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 7, 2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Docket Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-08-02, amendment
39-14556 (70 FR 18618, April 12, 2006). The existing AD applies to
certain Model 747-200C and -200F series airplanes. That NPRM was
published in the Federal Register on August 12, 2009 (74 FR 40529).
That NPRM proposed to continue to require repetitive inspections to
find fatigue cracking in the floor panel attachment fastener

holes of the upper chord of certain upper deck floor beams in Section
41 (i.e., body station 520 and forward), and repair if necessary. That
NPRM also proposed to continue to provide optional modifications, which
extend the threshold for the initiation of certain repetitive
inspections. That NPRM also proposed to add repetitive inspections to
find fatigue cracking in the floor panel attachment fastener holes of
the upper chord of certain other upper deck floor beams in Section 41
and Section 42 (i.e., aft of body station 520); repetitive inspections
to find fatigue cracking in the permanent fastener holes of the upper
chord of certain upper deck floor beams in Section 41; and related
investigative and corrective actions. Additionally, that NPRM proposed
to provide a new optional modification, which would terminate certain
repetitive inspections.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM from the single commenter.

Request To Revise Procedure Location Specified in Step (5) of Table 2
of the NPRM

    Boeing requests that we revise Table 2 of the NPRM to update the
location in the referenced service bulletin for the modification
provided in Step (5) of Table 2 of the NPRM. Boeing points out that the
modification referred to in paragraph (h)(2) of AD 2006-08-02, provided
in Step (5) in Table 2 of the NPRM, was defined in Figure 5 of the
original issue of Boeing Alert Service Bulletin 747-53A2439, dated July
5, 2001. Boeing further points out that the instructions for this
modification were moved to Part 3 and Part 4 of the Work Instructions
of Revision 2, dated July 17, 2008, of Boeing Alert Service Bulletin
747-53A2439.
    We do not agree to revise Table 2 of this AD. Step (5) of Table 2
references paragraph (i)(2) of this AD, and requires only the fastener
hole modification per Figure 5 and the open-hole high-frequency eddy
current (HFEC) inspection per Part 1 of the Work Instructions of Boeing
Alert Service Bulletin 747-53A2439, Revision 2, dated July 17, 2008.
The fastener hole slot repair per Part 4 of the Work Instructions of
Boeing Alert Service Bulletin 747-53A2439, Revision 2, dated July 17,
2008, is not required by paragraph (i)(2) of this AD. We note that the
fastener hole slot repair per Part 4 of the Work Instructions of Boeing
Alert Service Bulletin 747-53A2439, Revision 2, dated July 17, 2008,
which is referenced in Part 2 of the Work Instructions of Boeing Alert
Service Bulletin 747-53A2439, Revision 2, dated July 17, 2008, is
required by paragraph (i)(1) of this AD. We have made no change to the
final rule in this regard.

Request To Update Name of Boeing's Delegation Option Authorization
Organization

    Boeing requests that we revise paragraphs (h)(1) and (o)(4) of the
NPRM to change ``Boeing Commercial Airplanes Delegation Option
Authorization Organization'' to ``Boeing Commercial Airplanes
Organization Designation Authorization Organization.'' Boeing points
out that they changed the name of this organization at the end of
August 2009.
    We partially agree. Boeing Commercial Airplanes has received an
Organization Designation Authorization (ODA), which replaces their
previous designation as a Delegation Option Authorization holder. We
have revised paragraph (o)(4) of this AD to delegate the authority to
approve an alternative method of compliance for any repair required by
this AD to the Boeing Commercial Airplanes ODA rather than an
Authorized Representative under the former Delegation Option
Authorization (DOA) program. However, we have also revised paragraph
(h)(1) of this AD to reference paragraph (o) of this AD and to continue
to provide allowance for those operators that have used a repair
approved by a Boeing Company Designated Engineering Representative
(DER) or by an Authorized Representative for the Boeing Commercial
Airplanes DOA.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

    We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.

Costs of Compliance

    There are about 68 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                 Estimated Costs
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                                                Average                        Number of U.S.-
             Action               Work hours   labor rate   Cost per airplane    registered        Fleet cost
                                                per hour                          airplanes
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Inspections (required by AD               29          $85  $2,465 per                      25  $61,625 per
 2006-08-02).                                               inspection cycle.                   inspection
                                                                                cycle.
Inspection of Area 5 and                  78           85  $6,630 per                      25  $165,750 per
 permanent fastener hole in                                 inspection cycle.                   inspection
 Areas 1, 2, 3, and 4 (new                                                                      cycle.
 required action).
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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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14556 (70 FR 18618, April 12, 2006) and by adding
the following new airworthiness directive (AD):

2010-07-03 The Boeing Company: Amendment 39-16247. Docket No. FAA-
2009-0684; Directorate Identifier 2008-NM-149-AD.

Effective Date

    (a) This AD becomes effective May 7, 2010.

Affected ADs

    (b) This AD supersedes AD 2006-08-02, Amendment 39-14556.

Applicability

    (c) This AD applies to The Boeing Company Model 747-200C and -
200F series airplanes, certificated in any category, as identified
in Boeing Alert Service Bulletin 747-53A2439, Revision 2, dated July
17, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from new reports of cracking in the upper
chord of the upper deck floor beams in Sections 41 and 42, and new
analysis that shows the permanent fastener holes of the upper chord
of certain upper deck floor beams in Section 41 are also susceptible
to fatigue cracking. We are issuing this AD to detect and correct
cracking in the upper chord of the upper deck floor beams. Such
cracking could extend and sever the floor beams, which could result
in rapid decompression and loss of controllability of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Requirements of AD 2006-08-02

Initial Compliance Time at a New Reduced Threshold

    (g) At the earliest of the times specified in paragraphs (g)(1)
through (g)(3) of this AD, do the inspection required by paragraph
(h) of this AD.
    (1) Before the accumulation of 22,000 total flight cycles, or
within 1,000 flight cycles after March 15, 2004 (the effective date
of AD 2004-03-11, which was superseded by AD 2006-08-02), whichever
occurs later.
    (2) For airplanes with 17,000 or more total flight cycles as of
May 17, 2006 (the effective date of AD 2006-08-02): Before the
accumulation of 18,000 total flight cycles, or within 90 days after
May 17, 2006, whichever occurs later.
    (3) For airplanes with fewer than 17,000 total flight cycles as
of May 17, 2006: Before the accumulation of 15,000 total flight
cycles, or within 1,000 flight cycles after May 17, 2006, whichever
occurs later.

Inspections at Reduced Intervals for Certain Floor Beams and Repair

    (h) Do the applicable inspection to find fatigue cracking in the
upper chord of the upper deck floor beams as specified in Part 1
(Open-Hole High Frequency Eddy Current (HFEC) Inspection Method) or
Part 2 (Surface HFEC Inspection Method) of the Work Instructions of
Boeing Alert Service Bulletin 747-53A2439, dated July 5, 2001. Do
the inspections per the Boeing Alert Service Bulletin 747-53A2439,
dated July 5, 2001, except as provided by paragraph (k) of this AD.
Any combination of the applicable inspection methods specified in
Parts 1 and 2 may be used, provided that the corresponding
repetitive inspection interval is used.
    (1) If any crack is found, before further flight, repair per
Part 3 (Upper Chord Repair) of the Work Instructions of Boeing Alert
Service Bulletin 747-53A2439, dated July 5, 2001; except where
Boeing Alert Service Bulletin 747-53A2439, dated July 5, 2001,
specifies to contact Boeing for appropriate action, before further
flight, repair using a method approved in accordance with the
procedures specified in paragraph (o) of this AD or repair according
to data meeting the certification basis of the airplane approved by
a Boeing Company Designated Engineering Representative (DER) or by
an Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization. For a repair method to
be approved by the Manager, Seattle Aircraft Certification Office
(ACO), FAA, as required by this paragraph, the Manager's approval
letter must specifically reference this AD. Do the applicable
inspection of the repaired area per Part 1 of the Work Instructions
of Boeing Alert Service Bulletin 747-53A2439, dated July 5, 2001, at
the applicable time per Part 3 of the Work Instructions of Boeing
Alert Service Bulletin 747-53A2439, dated July 5, 2001, and repeat
the applicable inspection at the applicable interval per Figure 1 of
Boeing Alert Service Bulletin 747-53A2439, dated July 5, 2001.
    (2) If no crack is found, repeat the applicable inspection per
paragraph (h) of this AD at the applicable time specified in
paragraphs (h)(2)(i) through (h)(2)(iii) of this AD. As an option to
the repetitive inspections, accomplishment of paragraph (i)(1) or
(i)(2) of this AD, before further flight, extends the threshold for
the initiation of the repetitive inspections required by this
paragraph.
    (i) If the immediately preceding inspection was conducted using
an open-hole HFEC inspection method: Conduct the next inspection of
that area within 3,000 flight cycles of the last inspection.
    (ii) If the immediately preceding inspection was conducted using
a surface HFEC inspection method at stations 340 through 420
inclusive and station 500: Conduct the next inspection of that area
within 750 flight cycles of the last inspection.
    (iii) If the immediately preceding inspection was conducted
using a surface HFEC inspection method at stations 440 and 520:
Conduct the next inspection of that area at the earlier of the times
specified in paragraphs (h)(2)(iii)(A) and (h)(2)(iii)(B) of this
AD, and thereafter at intervals not to exceed 250 flight cycles.
    (A) Within 750 flight cycles since the last surface HFEC
inspection required by paragraph (h) of this AD.
    (B) Within 250 flight cycles after May 17, 2006.

Optional Repair/Modification

    (i) For areas on which the inspection required by paragraph (h)
of this AD is done per Part 1 of the Work Instructions of Boeing
Alert Service Bulletin 747-53A2439, dated July 5, 2001; and on which
no cracking is found: Accomplishment of the actions specified in
either paragraph (i)(1) or (i)(2) of this AD extends the threshold
for the initiation of the repetitive inspections required by
paragraph (h)(2) of this AD. For areas on which the inspection
required by paragraph (h) of this AD is done per Part 2 of Boeing
Alert Service Bulletin 747-53A2439, dated July 5, 2001; and on which
no cracking is found: Accomplishment of the actions specified in
paragraph (i)(1) of this AD extends the threshold for the initiation
of the repetitive inspections required by paragraph (h)(2) of this
AD.
    (1) Do the applicable repair per Part 3 of the Work Instructions
of Boeing Alert Service Bulletin 747-53A2439, dated July 5, 2001,
except as provided by paragraph (k) of this AD. At the applicable
time specified in Table 1 of Part 3 of the Work Instructions of
Boeing Alert Service Bulletin 747-53A2439, dated July 5, 2001, do
the applicable inspection of the repaired area per Part 1 of the
Work Instructions of Boeing Alert Service Bulletin 747-53A2439,
dated July 5, 2001. Repeat the inspection thereafter within the
applicable interval of 3,000 flight cycles per Figure 1 of Boeing
Alert Service Bulletin 747-53A2439, dated July 5, 2001.
    (2) Do the modification of the attachment hole of the floor
panel per Figure 5 of Boeing Alert Service Bulletin 747-53A2439,
dated July 5, 2001, except as provided by paragraph (k) of this AD.
Within 10,000 flight cycles after accomplishment of the
modification, do the inspection of the modified area per Part 1 of
the Work Instructions of Boeing Alert Service Bulletin 747-53A2439,
dated July 5, 2001. Repeat the inspection thereafter within the
applicable interval of 3,000 flight cycles per Figure 1 of Boeing
Alert Service Bulletin 747-53A2439, dated July 5, 2001.

Determining the Number of Flight Cycles for Compliance Time

    (j) For the purposes of calculating the compliance threshold and
repetitive intervals for actions required by paragraph (g), (h), or
(i) of this AD: As of May 17, 2006 (the effective date of AD 2006-
08-02), all flight cycles, including the number of flight cycles in
which cabin differential pressure is at 2.0 pounds per square inch
(psi) or less, must be counted when determining the number of flight
cycles that have occurred on the airplane.

New Requirements of This AD

Applicable Revisions of Service Bulletins

    (k) Use the information in Tables 1 and 2 of this AD, at the
applicable time specified in paragraphs (k)(1) and (k)(2) of this
AD, to determine the part of the applicable service bulletin to use
to accomplish the actions required by this AD.
    (1) On or after May 17, 2006, but before the effective date of
this AD, use only the service information listed in Table 1 or Table
2 of this AD.

Table 1--Service Information Given in Boeing Alert Service Bulletin 747-
                53A2439, Revision 1, Dated March 10, 2005
------------------------------------------------------------------------
             Do--                         In accordance with--
------------------------------------------------------------------------
(1) The actions required by    Parts 1 and 2 of the Work Instructions of
 paragraph (h) of this AD.      Boeing Alert Service Bulletin 747-
                                53A2439, Revision 1, dated March 10,
                                2005; as applicable.
(2) The applicable inspection  Parts 1 and 6 of the Work Instructions of
 of the repaired area           Boeing Alert Service Bulletin 747-
 required by paragraph (h)(1)   53A2439, Revision 1, dated March 10,
 of this AD.                    2005; as applicable; at the applicable
                                time specified in Table 1 of Part 3 of
                                the Work Instructions of that service
                                bulletin.
(3) The actions required by    Parts 1, 3, and 6 of the Work
 paragraph (i)(1) of this AD.   Instructions of Boeing Alert Service
                                Bulletin 747-53A2439, Revision 1, dated
                                March 10, 2005; as applicable.
(4) The actions required by    Figure 5 and Part 1 of the Work
 paragraph (i)(2) of this AD.   Instructions of Boeing Alert Service
                                Bulletin 747-53A2439, Revision 1, dated
                                March 10, 2005; as applicable.
------------------------------------------------------------------------

    (2) On or after the effective date of this AD, use only the
service information listed in Table 2 of this AD.

Table 2--Service Information Given in Boeing Alert Service Bulletin 747-
                53A2439, Revision 2, Dated July 17, 2008
------------------------------------------------------------------------
             Do--                         In accordance with--
------------------------------------------------------------------------
(1) The actions required by    Part 1 (open-hole or surface HFEC
 paragraph (h) and (l) of       inspection, as applicable) of the Work
 this AD.                       Instructions of Boeing Alert Service
                                Bulletin 747-53A2439, Revision 2, dated
                                July 17, 2008.
(2) The applicable inspection  Part 1 (open-hole HFEC inspection only)
 of the repaired area           and Part 5 of the Work Instructions of
 required by paragraph (h)(1)   Boeing Alert Service Bulletin 747-
 of this AD.                    53A2439, Revision 2, dated July 17,
                                2008; at the applicable time specified
                                in Table 1 of Part 2 of the Work
                                Instructions of that service bulletin.
(3) The applicable repair      Part 2 (upper chord repair at floor panel
 required by paragraph (h)(1)   attach holes) of the Work Instructions
 of this AD.                    of Boeing Alert Service Bulletin 747-
                                53A2439, Revision 2, dated July 17,
                                2008.
(4) The actions required by    Part 1 (open-hole HFEC inspection only),
 paragraph (i)(1) of this AD.   Part 2, and Part 5 of the Work
                                Instructions of Boeing Alert Service
                                Bulletin 747-53A2439, Revision 2, dated
                                July 17, 2008.
(5) The actions required by    Figure 5 and Part 1 (open-hole HFEC
 paragraph (i)(2) of this AD.   inspection only) of the Work
                                Instructions of Boeing Alert Service
                                Bulletin 747-53A2439, Revision 2, dated
                                July 17, 2008.
------------------------------------------------------------------------

New Inspections and Related Investigative and Corrective Actions

    (l) For all airplanes, except as provided by paragraphs (k)(1)
and (k)(2) of this AD: At the applicable time specified in Paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2439,
Revision 2, dated July 17, 2008, do the applicable open-hole or
surface HFEC inspections for fatigue cracking in the upper chord of
the upper deck floor beams in Area 5, and the inspection for fatigue
cracking in the permanent fastener holes of the upper chord of
certain upper deck floor beams in Areas 1, 2, 3, and 4, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2439, Revision 2, dated July 17, 2008. Do
all applicable related investigative and corrective actions before
further flight. Repeat the applicable inspection thereafter at the
applicable interval specified in Paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2439, Revision 2, dated July
17, 2008.

    (1) Where Boeing Alert Service Bulletin 747-53A2439, Revision 2,
dated July 17, 2008, specifies a compliance time relative to the
date of issuance of that service bulletin, this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2439, Revision 2,
dated July 17, 2008, specifies contacting Boeing for repair data:
Before further flight, repair using a method approved in accordance
with the procedures specified in paragraph (o) of this AD.

Optional New Modification for Areas 1, 2, 3, and 4

    (m) For areas 1, 2, 3, and 4 as defined in Boeing Alert Service
Bulletin 747-53A2439, Revision 2, dated July 17, 2008: Doing the
modification and post-modification actions specified in Boeing Alert
Service Bulletin 747-53A2696, dated October 16, 2008, terminates the
repetitive inspection requirements of paragraphs (g) and (h) of this
AD. Doing the modification and post-modification actions specified
in Boeing Alert Service Bulletin 747-53A2696, dated October 16,
2008, terminates the repetitive inspection requirements of paragraph
(l) of this AD, except at the upper deck floor beam at body station
(BS) 460 and 480 and the upper deck floor beams aft of BS 520.

No Reporting Requirement

    (n) Although Boeing Alert Service Bulletin 747-53A2439, Revision
1, dated March 10, 2005; and Boeing Alert Service Bulletin 747-
53A2439, Revision 2, dated July 17, 2008; specify to submit certain
information to the manufacturer, this AD does not include that
requirement.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Ivan Li, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) AMOCs approved previously in accordance with AD 2006-08-02,
are approved as AMOCs for the corresponding provisions of this AD.
    (4) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

Material Incorporated by Reference

    (p) You must use Boeing Alert Service Bulletin 747-53A2439,
Revision 2, dated July 17, 2008, to do the actions required by this
AD, unless the AD specifies otherwise. If you accomplish the new
optional actions specified by this AD, you must use Boeing Alert
Service Bulletin 747-53A2696, dated October 16, 2008, to perform
those actions, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the 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>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on March 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6546 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 11, 2006 (Volume 71, Number 7)]
[Notices]
[Page 1750-1752]
[DOCID:fr11ja06-32]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0491; FRL-7756-3]

Bitertanol Tolerance Reassessment Decision for Low Risk
Pesticide; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's Report of the
Food Quality Protection Act (FQPA) Tolerance Reassessment Progress and
Risk Management Decision, known as a TRED, for the fungicide
bitertanol, and opens a public comment period on this document, related
risk assessments, and other support documents. EPA has reviewed the low
risk pesticide bitertanol through a modified, streamlined version of
the public participation process that the Agency uses to involve the
public in developing pesticide tolerance reassessment and
reregistration decisions. Through the tolerance reassessment program,
EPA is ensuring that all pesticides meet current health and food safety
standards.

DATES:  Comments, identified by docket ID number EPA-HQ-OPP-2005-0491,
must be received on or before February 10, 2006.

ADDRESSES:  Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:  Rosanna Louie, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others may also be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any 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?

    1. Docket. EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPP-2005-0491. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although, a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington,
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday

through Friday, excluding legal holidays. The docket telephone number
is<PHONE_NUMBER>.
    2. Electronic access. You may access this  Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr/.

     EDOCKET, EPA's electronic public docket and comment system was
replaced on November 25, 2005, by an enhanced Federal-wide electronic
docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

     An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
     Certain types of information will not be placed in the EPA
Dockets. Information claimed as CBI and other information whose
disclosure is restricted by statute, which is not included in the
official public docket, will not be available for public viewing in
EPA's electronic public docket. EPA's policy is that copyrighted
material will not be placed in EPA's electronic public docket but will
be available only in printed, paper form in the official public docket.
To the extent feasible, publicly available docket materials will be
made available in EPA's electronic public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in EPA's electronic
public docket. Although, not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.1.
EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public
docket.
     For public commenters, it is important to note that EPA's policy
is that public comments, whether submitted electronically or on paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
     Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

     You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also, include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
EPA-HQ-OPP-2005-0491. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID number EPA-HQ- OPP-2005-0491. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID number EPA-HQ-OPP-2005-
0491.
    3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
number EPA-HQ-OPP-2005-0491. Such deliveries are only accepted during
the docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

     Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI

on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and
then identify electronically within the disk or CD ROM the specific
information that is CBI). Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
     In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

     You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

     EPA has, on November 30, 2005, reached a tolerance reassessment
decision for 1 existing tolerance or residue limit for bitertanol on
bananas. Bitertanol is a broad-spectrum fungicide used to control black
sigatoka on banana and plantain plants. The existing tolerance for
bitertanol allows for residues on imported bananas and plantains, as
there are no U.S. registrations for bitertanol. The Agency is now
issuing for comment the resulting Report on Food Quality Protection Act
(FQPA) Tolerance Reassessment Progress and Risk Management Decision for
bitertanol, known as a TRED, as well as related risk assessments and
technical support documents.
     EPA developed the bitertanol TRED through a modified, streamlined
version of its public process for making tolerance reassessment and
reregistration eligibility decisions. Through these programs, the
Agency is ensuring that pesticides meet current standards under the
Federal Food, Drug, and Cosmetic Act (FFDCA) and the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended by
FQPA. EPA must review tolerances and tolerance exemptions that were in
effect when the FQPA was enacted to ensure that these existing
pesticide residue limits for food and feed commodities meet the safety
standard established by the new law. Tolerances are considered
reassessed once the safety finding has been made or a revocation
occurs. EPA has reviewed and made the requisite safety finding for the
bitertanol tolerance included in this notice.
     EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register of May 14,
2004 (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
EPA can expeditiously reach decisions for pesticides like bitertanol,
that pose no risk concerns and require no risk mitigation. Once EPA
assesses uses and risks for such low risk pesticides, the Agency may go
directly to a decision and prepare a document summarizing its findings,
such as the bitertanol TRED.
     The tolerance reassessment program is being conducted under
Congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public in finding ways to
effectively mitigate pesticide risks. Bitertanol, however, poses no
risks that require mitigation. The Agency therefore is issuing the
bitertanol TRED, its risk assessments, and related support documents
simultaneously for public comment. The comment period is intended to
provide an opportunity for public input and a mechanism for initiating
any necessary amendments to the TRED. All comments should be submitted
using the methods in Unit I. of the SUPPLEMENTARY INFORMATION, and must
be received by EPA on or before the closing date. These comments will
become part of the Agency Docket for bitertanol. Comments received
after the close of the comment period will be marked ``late.'' EPA is
not required to consider these late comments.
     EPA will carefully consider all comments received by the closing
date and will provide a Response to Comments Memorandum in the Docket
and electronic EDOCKET. If any comment significantly affects the
document, EPA also will publish an amendment to the TRED in the Federal
Register. In the absence of substantive comments requiring changes, the
decisions reflected in the TRED will be implemented as presented.

B. What is the Agency's Authority for Taking this Action?

     Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

     Environmental protection, Pesticides and pests.

    Dated: January 4, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-99 Filed 1-10-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Rules and Regulations]
[Pages 26628-26631]
[FR Doc No: 2014-10581]

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

40 CFR Part 52

[EPA-R10-OAR-2013-0707; FRL-9910-54-Region 10]

Revision to the Washington State Implementation Plan; Update to
the Solid Fuel Burning Devices Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is approving a State Implementation Plan (SIP)
revision submitted by the Washington State Department of Ecology
(Ecology) on January 30, 2014. The SIP submission contains revisions to
Washington's solid fuel burning device rules to control fine
particulate matter (PM2.5) from residential wood combustion.
The updated regulations reflect Washington State statutory changes made
in 2012, setting revised PM2.5 trigger levels for impaired
air quality burn bans and setting criteria for prohibiting solid fuel
burning devices that are not certified. The submission also contains
updates to the regulations to improve the clarity of the language.

DATES: Effective Date: This final rule is effective June 9, 2014.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2013-0707. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information the disclosure of which
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Programs Unit, Office of Air Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that
if at all possible, you contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to

view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background Information
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review

I. Background Information

    An explanation of the Clean Air Act requirements and implementing
regulations that are met by this SIP submittal, a detailed explanation
of the revisions, and the EPA's reasons for approving it were provided
in the notice of proposed rulemaking published on March 4, 2014, and
will not be restated here (79 FR 12136). On March 25, 2014, the EPA
received one comment via the www.regulations.gov Web site.

II. Response to Comments

    Comment: ``Wood stoves are now designed to re-burn the smoke and
get 98 percent of particle matter out of the air. By more complete and
efficient burning, the heat derived from wood is maximized and the
particle matter is minimized. In a metro city, an inefficient stove or
fireplace will cause neighbors to get upset at the smoke from using
such a unit. If a smoke reburning unit is used, the smoke is
considerably less and with less particles there is less irritation and
problems for neighbors. I suggest that any reburning stove or fireplace
be exempted from any such rules.''
    Response: Under section 110 of the Clean Air Act states are
responsible for developing regulations and control measures to address
air pollution for incorporation into the SIP. The EPA's role is to
evaluate these state choices to determine if the revisions meet the
requirements of the Clean Air Act. To the extent that the commenter
wants to influence these state choices, the comments are best submitted
during the state public comment period rather than as part of the EPA's
approval or disapproval process. The EPA has determined that
Washington's January 30, 2014 submittal meets all Clean Air Act
requirements for approval. The EPA provided a copy of the comment to
Ecology for consideration during future state rulemaking, but is
otherwise taking no further action on the comment.

III. Final Action

    The EPA is approving Washington's SIP revision submitted on January
30, 2014. Specifically, the EPA is approving and incorporating by
reference into the SIP the rules shown in the Table below. We have made
the determination that this action is consistent with section 110 of
the Clean Air Act.

                                                 Approved Rules
----------------------------------------------------------------------------------------------------------------
                                     Citation                                          State
             Agency                    (WAC)                   Title              effective date     Submitted
----------------------------------------------------------------------------------------------------------------
Ecology.........................     173-433-010  Purpose.......................        02/23/14        01/30/14
Ecology.........................     173-433-020  Applicability.................        02/23/14        01/30/14
Ecology.........................     173-433-030  Definitions...................        02/23/14        01/30/14
Ecology.........................     173-433-100  Emission Performance Standards        02/23/14        01/30/14
Ecology.........................     173-433-110  Opacity Standards.............        02/23/14        01/30/14
Ecology.........................     173-433-120  Prohibited Fuel Types.........        02/23/14        01/30/14
Ecology.........................     173-433-140  Criteria for Impaired Air             02/23/14        01/30/14
                                                   Quality Burn Bans.
Ecology.........................     173-433-150  Restrictions on the Operation         02/23/14        01/30/14
                                                   of Solid Fuel Burning Devices.
Ecology.........................     173-433-155  Criteria for Prohibiting the          02/23/14        01/30/14
                                                   Use of Solid Fuel Burning
                                                   Devices that Are Not
                                                   Certified.
----------------------------------------------------------------------------------------------------------------

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
rule neither imposes substantial direct compliance costs on tribal
governments, nor preempts tribal law. Therefore, the requirements of
section 5(b) and 5(c) of the Executive Order do not apply to this rule.
Consistent with EPA policy, the EPA nonetheless provided a consultation
opportunity to the Puyallup Tribe in a letter dated September 3, 2013,
and to all other

tribes located in Washington State in letters dated December 24, 2013.
The EPA did not receive a request for consultation.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 8, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate
matter, Incorporation by reference, and Reporting and recordkeeping
requirements.

    Dated: April 15, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart WW--Washington

0
2. Section 52.2470 is amended in paragraph (c) Table 1--Washington
Department of Ecology Regulations by:
0
a. Revising the heading ``Washington Administrative Code, Chapter 173-
433--Solid Fuel Burning Device Standards'' to read ``Washington
Administrative Code, Chapter 173-433--Solid Fuel Burning Devices'';
0
b. Revising entries 173-433-010 through 173-433-120;
0
c. Revising entries 173-433-140 and 173-433-150;
0
d. Adding in numerical order entry 173-433-155.
    The revisions and additions read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

                              Table 1--Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
                                                              State
        State citation               Title/subject       effective date     EPA approval date      Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                   Washington Administrative Code, Chapter 173-433--Solid Fuel Burning Devices
----------------------------------------------------------------------------------------------------------------
173-433-010..................  Purpose.................        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-020..................  Applicability...........        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-030..................  Definitions.............        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-100..................  Emission Performance            02/23/14  05/09/14 [Insert page    ..............
                                Standards.                                number where the
                                                                          document begins].
173-433-110..................  Opacity Standards.......        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].
173-433-120..................  Prohibited Fuel Types...        02/23/14  05/09/14 [Insert page    ..............
                                                                          number where the
                                                                          document begins].

                                                  * * * * * * *
173-433-140..................  Criteria for Impaired           02/23/14  05/09/14 [Insert page    ..............
                                Air Quality Burn Bans.                    number where the
                                                                          document begins].
173-433-150..................  Restrictions on the             02/23/14  05/09/14 [Insert page    ..............
                                Operation of Solid Fuel                   number where the
                                Burning Devices.                          document begins].
173-433-155..................  Criteria for Prohibiting        02/23/14  05/09/14 [Insert page    ..............
                                the Use of Solid Fuel                     number where the
                                Burning Devices that                      document begins].
                                Are Not Certified.

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

* * * * *
[FR Doc. 2014-10581 Filed 5-8-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Rules and Regulations]
[Pages 21253-21255]
[FR Doc No: 2011-9144]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0939]
RIN 1625-AA00

Safety Zone; M/V DAVY CROCKETT, Columbia River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The U.S. Coast Guard is extending and expanding the emergency
safety zone established on the waters of the Columbia River surrounding
the M/V DAVY CROCKETT at approximately river mile 117 on January 28,
2011. The safety zone is necessary to help ensure the safety of the
response workers and maritime public from the hazards associated with
deleterious state of and ongoing response operations involving the M/V
DAVY CROCKETT. All persons and vessels are prohibited from entering or
remaining in the safety zone unless authorized by the Captain of the
Port, Columbia River or his designated representative.

DATES: This rule is effective from April 15, 2011 through May 17, 2011.
This rule is effective with actual notice for purposes of enforcement
on March 28, 2011. This rule will remain in effect through May 17,
2011.

ADDRESSES: Documents indicated in this preamble as being available in
the

docket are part of docket USCG-2010-0939 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-0939 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management
Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-
9319, e-mail<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be contrary to public
interest since the safety zones are immediately necessary to help
ensure the safety of the response workers and maritime public due to
deleterious state of and ongoing response operations involving the M/V
DAVY CROCKETT.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because the safety zones are
immediately necessary to help ensure the safety of the response workers
and maritime public due to deleterious state of and ongoing response
operations involving the M/V DAVY CROCKETT.

Background and Purpose

    The M/V DAVY CROCKETT, a 431 ft barge, is anchored on the
Washington State side of the Columbia River at approximately river mile
117. The vessel is in a severe state of disrepair. The Coast Guard,
other State and Federal agencies, and Federal contractors are working
to remove the vessel. The response operations require a minimal wake in
the vicinity of the vessel to minimize the spread of contaminants and
help ensure the safety of response workers on or near the vessel and in
the water. In addition, due to the deleterious state of the vessel only
authorized persons and/or vessels can be safely allowed on or near it.
    A 300 ft safety zone is necessary to keep vessels clear of the
ongoing response operations surrounding the M/V DAVY CROCKETT. The
previous 200 ft zone was an inadequate distance to mitigate the wake of
transiting and nearby vessels.

Discussion of Rule

    The Coast Guard is extending and expanding the stationary safety
zone created by this rule 100 ft past the previous 200 ft safety zone.
The amended safety zone will cover all waters of the Columbia River
encompassed within the following four points: point one at
45[deg]34'59.74'' N/122[deg]28'35.00'' W on the Washington bank of the
Columbia River then proceeding into the river to point two at
45[deg]34'51.42'' N/122[deg]28'35.47'' W, then proceeding upriver to
the third point at 45[deg]34'51.02'' N/122[deg]28'07.32'' W, then
proceeding to the shoreline to the fourth point on the Washington Bank
at 45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the
shoreline to point one. Geographically this encompasses all the waters
within an area starting at approximately 300 ft upriver from the M/V
DAVY CROCKETT extending to 300 ft abreast of the M/V DAVY CROCKETT and
then ending 300 ft down river of the M/V DAVY CROCKETT.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard has made this determination based on the fact that
the safety zones created by this rule will not significantly affect the
maritime public because the areas covered are limited in size and/or
have little commercial or recreational activity. In addition, vessels
may enter the safety zones with the permission of the Captain of the
Port, Columbia River or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: the owners and operators of vessels intending to
operate in the areas covered by the safety zones created in this rule.
The safety zones will not have a significant economic impact on a
substantial number of small entities because the areas covered are
limited in size. In addition, vessels may enter the safety zones with
the permission of the Captain of the Port, Columbia River or his
designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork

Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the creation of safety zones. An
environmental analysis checklist and a categorical exclusion
determination will be available in the docket where

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T13-175 to read as follows:

Sec.  165.T13-175  Safety Zone; M/V DAVY CROCKETT, Columbia River.

    (a) Location: The following area is a safety zone:
    (1) All waters of the Columbia River encompassed within the
following four points: point one at 45[deg]34' 59.74'' N/
122[deg]28'35.00'' W on the Washington bank of the Columbia River then
proceeding into the river to point two at 45[deg]34'51.42'' N/
122[deg]28'35.47'' W, then proceeding upriver to the third point at
45[deg]34'51.02'' N/122[deg]28'07.32'' W, then proceeding to the
shoreline to the fourth point on the Washington Bank at
45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the shoreline
to point one. Geographically this encompasses all the waters within an
area starting at approximately 300 ft upriver from the M/V DAVY
CROCKETT extending to 300 ft abreast of the M/V DAVY CROCKETT and then
ending 300 ft down river of the M/V DAVY CROCKETT.
    (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port, Columbia River
or his designated representative.
    (c) Enforcement Period. The safety zone created in this section
will be in effect from March 28, 2011 through May 17, 2011 unless
cancelled sooner by the Captain of the Port, Columbia River.

    Dated: March 28, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-9144 Filed 4-14-11; 8:45 am]
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[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Rules and Regulations]
[Page 26295]
[DOCID:fr02jn09-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2009-0378]
RIN 1625-AA09

Drawbridge Operation Regulations; Curtis Creek, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
Pennington Avenue Bridge, at mile 0.9, across Curtis Creek in
Baltimore, MD. This deviation is necessary to facilitate mechanical
repairs to the bridge. Under this temporary deviation, the drawbridge
may remain in the closed position during the deviation period.

DATES: This deviation is effective from 7 a.m. on July 20, 2009, to 8
p.m. on August 31, 2009.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2009-0378 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0378
in the Docket ID box, processing Enter, and then clicking on the item
in the Docket ID box. This material is also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Bill H. Brazier, Bridge Management Specialist, Fifth
Coast Guard District, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826

SUPPLEMENTARY INFORMATION: The Maryland State Highway Administration
(MSHA), who owns and operates this double-leaf bascule drawbridge, has
requested a temporary deviation from the current operating regulations
set forth in 33 CFR 117.5 and 33 CFR 117.557 to facilitate mechanical
repairs.
    The Pennington Avenue Bridge, a lift-type drawbridge, has a
vertical clearance in the closed position to vessels of 38 feet, above
mean high water. Vessels may pass underneath the bridge while the
bridge is in the closed position.
    Under this temporary deviation, the drawbridge will provide partial
openings of the lift spans for vessels. The MSHA will repair a cracked
trunnion bearing on the southwest leaf of the lift span. To facilitate
repairs, MSHA must immobilize half of the drawbridge spans to single-
leaf operation each day, beginning 7 a.m. on July 20, 2009, until 8
p.m. on August 31, 2009. While not under repair, the opposite
connecting spans on the north side will continue to open for vessels.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the opening restrictions of
the draw span to minimize transiting delays caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: May 11, 2009.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. E9-12785 Filed 6-1-09; 8:45 am]

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