[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47565-47568]
[FR Doc No: 2017-22021]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)

<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 25, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

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                                                              Chief executive officer of      Community map                                   Community
          State and county            Location and case No.           community                 repository          Date of  modification        No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa (FEMA Docket No.: B-    City of Glendale (16-   The Honorable Jerry Weiers,  City Hall, 5850 West   Jun. 16, 2017.............       040045
     1712).                           09-2447P).              Mayor, City of Glendale,     Glendale Avenue,
                                                              City Hall, 5850 West         Glendale, AZ 85301.
                                                              Glendale Avenue, Glendale,
                                                              AZ 85301.
    Maricopa (FEMA Docket No.: B-    City of Litchfield      The Honorable Thomas L.      City Hall, 214 West    Jun. 15, 2017.............       040128
     1712).                           Park (16-09-3089P).     Schoaf, Mayor, City of       Wigwam Boulevard,
                                                              Litchfield Park, City        Litchfield Park, AZ
                                                              Hall, 214 West Wigwam        85340.
                                                              Boulevard, Litchfield
                                                              Park, AZ 85340.
    Maricopa (FEMA Docket No.: B-    City of Peoria (16-09-  The Honorable Cathy Carlat,  City Hall, 8401 West   Jun. 16, 2017.............       040050
     1712).                           2447P).                 Mayor, City of Peoria,       Monroe Street,
                                                              8401 West Monroe Street,     Peoria, AZ 85345.
                                                              Peoria, AZ 85345.
    Maricopa (FEMA Docket No.: B-    City of Phoenix (16-09- The Honorable Greg Stanton,  Street Transportation  Jun. 2, 2017..............       040051
     1712).                           2155P).                 Mayor, City of Phoenix,      Department, 200 West
                                                              200 West Washington          Washington Street,
                                                              Street, 11th Floor,          5th Floor, Phoenix,
                                                              Phoenix, AZ 85003.           AZ 85003.
    Maricopa (FEMA Docket No.: B-    Unincorporated Areas    The Honorable Denny Barney,  Flood Control          Jun. 16, 2017.............       040037
     1712).                           of Maricopa County      Chairman, Board of           District of Maricopa
                                      (16-09-2447P).          Supervisors, Maricopa        County, 2801 West
                                                              County, 301 West Jefferson   Durango Street,
                                                              Street, 10th Floor,          Phoenix, AZ 85009.
                                                              Phoenix, AZ 85003.
    Pima (FEMA Docket No.: B-1712).  City of Tucson (16-09-  The Honorable Jonathan       Planning and           Jun. 2, 2017..............       040076
                                      1226P).                 Rothschild, Mayor, City of   Development
                                                              Tucson, 255 West Alameda     Services, 201 North
                                                              Street, 10th Floor,          Stone Avenue, 1st
                                                              Tucson, AZ 85701.            Floor, Tucson, AZ
                                                                                85701.
    Pima (FEMA Docket No.: B-1712).  Unincorporated Areas    The Honorable Sharon         Pima County Flood      Jun. 2, 2017..............       040073
                                      of Pima County (16-09-  Bronson, Chair, Board of     Control District,
                                      1226P).                 Supervisors, Pima County,    201 North Stone
                                                              130 West Congress Street,    Avenue, 9th Floor,
                                                              11th Floor, Tucson, AZ       Tucson, AZ 85701.
                                                              85701.
California:
    Contra Costa (FEMA Docket No.:   City of Brentwood, (17- The Honorable Robert         Planning Department,   Jun. 19, 2017.............       060439
     B-1712).                         09-0675P).              Taylor, Mayor, City of       150 City Park Way,
                                                              Brentwood, 150 City Park     Brentwood, CA 94513.
                                                              Way, Brentwood, CA 94513.
    Contra Costa (FEMA Docket No.:   Unincorporated Areas    The Honorable Federal D.     Public Works           Jun. 19, 2017.............       060025
     B-1712).                         of Contra Costa         Glover, Chairman, Board of   Department, 255
                                      County, (17-09-0675P).  Supervisors, Contra Costa    Glacier Drive,
                                                              County, 651 Pine Street,     Martinez, CA 94553.
                                                              Martinez, CA 94553.
    Madera (FEMA Docket No.: B-      Unincorporated Areas    The Honorable Max            Resource Management    Jun. 15, 2017.............       060170
     1712).                           of Madera County (16-   Rodriguez, Chairman, Board   Agency, 2037 West
                                      09-2575P).              of Supervisors, Madera       Cleveland Avenue,
                                                              County, 200 West 4th         Madera, CA 93637.
                                                              Street, Madera, CA 93637.
    Riverside (FEMA Docket No.: B-   City of Menifee (16-09- The Honorable Scott Mann,    Engineering & Public   Jun. 16, 2017.............       060176
     1712).                           1612P).                 Mayor, City of Menifee,      Works Departments,
                                                              29714 Haun Road, Menifee,    29714 Haun Road,
                                                              CA 92586.                    Menifee, CA 92586.
    San Diego (FEMA Docket No.: B-   City of San Diego (16-  The Honorable Kevin L        Public Works           May 30, 2017..............       060295
     1712).                           09-1178P).              Faulconer, Mayor, City of    Department, 525 B
                                                              San Diego, 202 C Street,     Street, Suite 750,
                                                              11th Floor, San Diego, CA    MS 908A, San Diego,
                                                              92101.                       CA 92101.
    San Joaquin (FEMA Docket No.: B- City of Stockton (16-   The Honorable Michael D.     Community Development  Jun. 23, 2017.............       060302
     1712).                           09-2351P).              Tubbs, Mayor, City of        Department, 345
                                                              Stockton, 425 North El       North El Dorado
                                                              Dorado Street, Stockton,     Street, Stockton, CA
                                                              CA 95202.                    95202.

Idaho: Ada (FEMA Docket No.: B-      Unincorporated Areas    The Honorable Dave Case,     Ada County             Jun. 23, 2017.............       160001
 1712)                                of Ada County (16-10-   Chairman, Ada County Board   Courthouse, 200 West
                                      1385P).                 of Commissioners, 200 West   Front Street, Boise,
                                                              Front Street, 3rd Floor,     ID 83702.
                                                              Boise, ID 83702.
Indiana:
    Boone (FEMA Docket No.: B-1712)  City of Lebanon (16-05- The Honorable Matt Gentry,   Municipal Building,    Jun. 23, 2017.............       180013
                                      5075P).                 Mayor, City of Lebanon,      401 South Meridian
                                                              City of Lebanon Municipal    Street, Lebanon, IN
                                                              Building, 401 South          46052.
                                                              Meridian Street, Lebanon,
                                                              IN 46052.
    Boone (FEMA Docket No.: B-1712)  Unincorporated Areas    The Honorable Jeff Wolfe,    Boone County Area      Jun. 23, 2017.............       180011
                                      of Boone County (16-    Boone County Commissioner,   Plan Commission, 116
                                      05-5075P).              201 Courthouse Square,       West Washington
                                                              Lebanon, IN 46052.           Street, Lebanon, IN
                                                                                46052.
Kentucky:
    Pike (FEMA Docket No.: B-1712).  Unincorporated Areas    The Honorable William M.     Pike County            Jun. 29, 2017.............       210298
                                      of Pike County, (17-    Deskins, Judge Executive,    Courthouse, 146 Main
                                      04-1490P).              Pike County, 146 Main        Street, Pikeville,
                                                              Street, Pikeville, KY        KY 41501.
                                                              41501.
    Pike (FEMA Docket No.: B-1712).  Unincorporated Areas    The Honorable William M.     Pike County            Jun. 29, 2017.............       210298
                                      of Pike County, (17-    Deskins, Judge Executive,    Courthouse, 146 Main
                                      04-1672P).              Pike County, 146 Main        Street, Pikeville,
                                                              Street, Pikeville, KY        KY 41501.
                                                              41501.
Michigan: Wayne (FEMA Docket No.: B- City of Northville (16- The Honorable Ken Roth,      City Hall, 215 West    Jun. 2, 2017..............       260235
 1712)                                05-6404P).              Mayor, City of Northville,   Main Street,
                                                              City Hall, 215 West Main     Northville, MI 48167.
                                                              Street, Northville, MI
                                                              48167.
Missouri:
    St. Charles (FEMA Docket No.: B- City of Cottleville     The Honorable Jim            City Hall, 5490 5th    Jun. 29, 2017.............       290898
     1712).                           (16-07-1877P).          Hennessey, Mayor, City of    Street, Cottleville,
                                                              Cottleville, 5490 5th        MO 63304.
                                                              Street, Cottleville, MO
                                                              63304.
    St. Charles (FEMA Docket No.: B- City of St. Peters (16- The Honorable Len Pagano,    City Hall, 1 Saint     Jun. 29, 2017.............       290319
     1712).                           07-1877P).              Mayor, City of St. Peters,   Peters Centre
                                                              1 St. Peters Centre          Boulevard, St.
                                                              Boulevard, St. Peters, MO    Peters, MO 63376.
                                                              63376.
    St. Charles (FEMA Docket No.: B- Unincorporated Areas    Mr. Steve Ehlmann, St.       County Administration  Jun. 29, 2017.............       290315
     1712).                           of St. Charles County   Charles County Executive,    Building, 201 North
                                      (16-07-1877P).          100 North 3rd Street,        2nd Street, Suite
                                                              Suite 318, St. Charles, MO   420, St. Charles, MO
                                                              63301.                       63301.
Nebraska:
    Howard (FEMA Docket No.: B-      Unincorporated Areas    The Honorable Kathy          Howard County          Jun. 8, 2017..............       310446
     1712).                           of Howard County (16-   Hirschman, Chairman,         Courthouse, 612
                                      07-2344P).              Howard County Board of       Indian Street, St.
                                                              Commissioners, 830 Hardy     Paul, NE 68873.
                                                              Road, St. Paul, NE 68873.
    Howard (FEMA Docket No.: B-      Village of Dannebrog    The Honorable Carol          Village Hall, 102      Jun. 8, 2017..............       310118
     1712).                           (16-07-2344P).          Schroeder, Chairperson,      South Mill Street,
                                                              Village of Dannebrog, 104    Dannebrog, NE 68831.
                                                              South Mill Street,
                                                              Dannebrog, NE 68831.
Nevada:
    Carson (FEMA Docket No.: B-      City of Carson City     The Honorable Robert         Carson City Permit     Jun. 5, 2017..............       320001
     1712).                           (16-09-1192P).          Crowell, Mayor, City of      Center, 108 East
                                                              Carson City, City Hall,      Proctor Street,
                                                              201 North Carson Street,     Carson City, NV
                                                              Suite 2, Carson City, NV     89701.
                                                              89701.
    Clark (FEMA Docket No.: B-1712)  City of Las Vegas (16-  The Honorable Carolyn G.     Public Works           Jun. 21, 2017.............       325276
                                      09-0698P).              Goodman, Mayor, City of      Department, 400
                                                              Las Vegas, City Hall, 495    Stewart Avenue, 4th
                                                              South Main Street, Las       Floor, Las Vegas, NV
                                                              Vegas, NV 89101.             89101.
    Clark (FEMA Docket No.: B-1712)  City of North Las       The Honorable John J. Lee,   Public Works           May 30, 2017..............       320007
                                      Vegas (16-09-2150P).    Mayor, City of North Las     Department, 2200
                                                              Vegas, 2250 Las Vegas        Civic Center Drive,
                                                              Boulevard North, North Las   North Las Vegas, NV
                                                              Vegas, NV 89030.             89030.
    Clark (FEMA Docket No.: B-1712)  City of North Las       The Honorable John J. Lee,   Public Works           May 30, 2017..............       320007
                                      Vegas (16-09-2540P).    Mayor, City of North Las     Department, 2200
                                                              Vegas, 2250 Las Vegas        Civic Center Drive,
                                                              Boulevard North, North Las   North Las Vegas, NV
                                                              Vegas, NV 89030.             89030.
    Clark (FEMA Docket No.: B-1712)  City of North Las       The Honorable John J. Lee,   Public Works           Jun. 29, 2017.............       320007
                                      Vegas (16-09-3212P).    Mayor, City of North Las     Department, 2200
                                                              Vegas, 2250 Las Vegas        Civic Center Drive,
                                                              Boulevard North, North Las   North Las Vegas, NV
                                                              Vegas, NV 89030.             89030.
New Jersey: Ocean (FEMA Docket No.:  Township of Brick (16-  The Honorable John G.        Township Hall          May 30, 2017..............       345285
 B-1712)                              02-1649P).              Ducey, Mayor, Township of    Municipal Building,
                                                              Brick, 401 Chambersbridge    401 Chambersbridge
                                                              Road, Brick, NJ 08723.       Road, Brick, NJ
                                                                                08723.
Oregon: Deschutes (FEMA Docket No.:  Unincorporated Areas    Ms. Tammy Baney, Chair,      Deschutes County       Jun. 23, 2017.............       410055
 B-1712)                              of Deschutes County,    Deschutes County Board of    Board of
                                      (17-10-0456P).          Commissioners, P.O. Box      Commissioners, 1164
                                                              6005, Bend, OR 97708.        Northwest Bond
                                                                                Street, Bend, OR
                                                                                97701.
Texas:
    Dallas (FEMA Docket No.: B-      City of Balch Springs   The Honorable Carrie         Public Works           Jul. 5, 2017..............       480166
     1712).                           (16-06-3086P).          Marshall, Mayor, City of     Department, 3117
                                                              Balch Springs, 13503         Hickory Tree Road,
                                                              Alexander Road, Balch        Balch Springs, TX
                                                              Springs, TX 75181.           75180.
    Dallas (FEMA Docket No.: B-      City of Dallas (16-06-  The Honorable Michael S.     Department of Public   Jul. 5, 2017..............       480171
     1712).                           3086P).                 Rawlings, Mayor, City of     Works, 320 East
                                                              Dallas, 1500 Marilla         Jefferson Boulevard,
                                                              Street, Suite 5EN, Dallas,   Dallas, TX 75203.
                                                              TX 75201.
    Dallas (FEMA Docket No.: B-      City of Grand Prairie,  The Honorable Ron Jensen,    City Development       Jun. 8, 2017..............       485472
     1712).                           (17-06-0542P).          Mayor, City of Grand         Center, 206 West
                                                              Prairie, 317 West College    Church Street, Grand
                                                              Street, Grand Prairie, TX    Prairie, TX 75050.
                                                              75050.
Washington: Wahkiakum (FEMA Docket   Unincorporated Areas    Mr. Blair H. Brady,          Wahkiakum County       Jun. 23, 2017.............       530193
 No.: B-1712)                         of Wahkiakum County     Chairman, Wahkiakum County   Courthouse, 64 Main
                                      (16-10-0856P).          Board of Commissioners, 64   Street, Cathlamet,
                                                              Main Street, Cathlamet, WA   WA 98612.
                                                              98612.
Wisconsin:

    Marathon (FEMA Docket No.: B-    Unincorporated Areas    The Honorable Kurt Gibbs,    Conservation Planning  Jun. 22, 2017.............       550245
     1712).                           of Marathon County,     Chairperson, Marathon        and Zoning Office,
                                      (17-05-1790X).          County, 500 Forest Street,   210 River Drive,
                                                              Wausau, WI 54403.            Wausau, WI 54403.
    Marathon (FEMA Docket No.: B-    Village of Hatley, (17- The Honorable David          Village Hall, 435      Jun. 22, 2017.............       550251
     1712).                           05-1790X).              Narloch, President,          Curtis Avenue,
                                                              Village of Hatley, 115       Hatley, WI 54440.
                                                              Kuhlman Avenue, Hatley, WI
                                                              54440.
    Milwaukee (FEMA Docket No.: B-   City of Milwaukee (16-  The Honorable Tom Barrett,   City Hall, 200 East    Jun. 23, 2017.............       550278
     1712).                           05-7247P).              Mayor, City of Milwaukee,    Wells Street,
                                                              200 East Wells Street,       Milwaukee, WI 53202.
                                                              Room 201, Milwaukee, WI
                                                              53202.
    Milwaukee (FEMA Docket No.: B-   Village of Brown Deer   The Honorable Carl Krueger,  Village Hall, 4800     Jun. 23, 2017.............       550271
     1712).                           (16-05-7247P).          Village President, Village   West Green Brook
                                                              of Brown Deer, 4800 West     Drive, Brown Deer,
                                                              Green Brook Drive, Brown     WI 53223.
                                                              Deer, WI 53223.
    Waukesha (FEMA Docket No.: B-    Unincorporated Areas    The Honorable Paul L.        Waukesha County        Jun. 23, 2017.............       550476
     1712).                           of Waukesha County      Decker, Waukesha County      Administration
                                      (16-05-6562P).          Board Chair, County          Section, 515 West
                                                              Courthouse, 515 West         Mooreland Boulevard,
                                                              Moreland Boulevard, Room     Waukesha, WI 53188.
                                                              C170, Waukesha, WI 53188.
    Waukesha (FEMA Docket No.: B-    Village of Sussex (16-  The Honorable Gregory L.     Village Hall,          Jun. 23, 2017.............       550490
     1712).                           05-6562P).              Goetz, President, Village    N64W23760 Main
                                                              Board, N61W24222 Oak         Street, Sussex, WI
                                                              Court, Sussex, WI 53089.     53089.
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[FR Doc. 2017-22021 Filed 10-11-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Rules and Regulations]
[Pages 12278-12279]
[FR Doc No: 2011-4925]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0018; Airspace Docket No. 10-AWP-18]

Amendment to and Revocation of Reporting Points; Hawaii

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends and removes, several Hawaiian Reporting
Points. Specifically, the FAA is revising the description of EELIC, and
TOADS to address recent technical adjustments to their actual
locations. Additionally, the FAA is renaming the SILVA reporting point
to SYVAD, and has determined that the LULUS, NIEMO, and PADDI reporting
points are no longer needed. This action ensures the safe and efficient
management of aircraft within the National Airspace System (NAS).

DATES: Effective date 0901 UTC, May 5, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace Regulation and
ATC Procedures Group, Office of Mission Support Services, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The Honolulu Control Center conducted a review of their airspace
and

has identified two reporting points that need to be amended to align
with their actual locations. No changes to the routing or procedures
are being made. Several reporting points are no longer needed for air
traffic control and are being removed, and one reporting point is being
renamed. Accordingly, since this is an administrative change and does
not involve a change in the dimension or operating requirements of this
airspace, notice and public procedures under 5 U.S.C. 553 (b) are
unnecessary.
    Hawaiian Reporting Points are listed in paragraph 7006 of FAA Order
7400.9U dated August 18, 2010, and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Reporting Points
listed in this document will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending two Reporting Points (EELIC and TOADS) to reflect
their actual locations. Additionally, the SILVA reporting point will be
renamed SYVAD, and adjusted to reflect its actual location. The LULUS,
NIEMO, and PADDI Reporting Points will be removed.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Reporting Points in Hawaii.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Environmental Impacts: Polices and Procedures,
paragraph 311a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9U,
Airspace Designations and Reporting Points, dated August 18, 2010, and
effective September 15, 2010, is amended as follows:

Paragraph 7006--Hawaiian reporting points.

* * * * *

EELIC [Amended]

Lat. 19[deg]27[min]26[sec] N., long. 153[deg]18[min]23[sec] W. (INT
Hilo, HI, 099[deg] radial and the Honolulu CTA/FIR boundary).

TOADS [Amended]

Lat. 22[deg]46[min]09[sec] N., long. 156[deg]41[min]46[sec] W. (INT
Mollkai, HI, 015[deg] radial and the Honolulu CTA/FIR boundary).

SYVAD [Amended]

INT South Kauai, HI, 271[deg] radial and long.
162[deg]45[min]29[sec] W.

LULUS: [Removed]

NIEMO: [Removed]

PADDI: [Removed]

SILVA: [Removed]

    Issued in Washington, DC, on February 28, 2011.
Edith V. Parish,
Manager, Airspace, Regulation and ATC Procedures Group.
[FR Doc. 2011-4925 Filed 3-4-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Page 59395]
[FR Doc No: 2012-23809]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14241-000]

Alaska Energy Authority; Errata Notice

    A typographical error was made in our September 17, 2012 Notice of
``Extension of Time To File Comments on the Proposed Study Plan and the
Revised Study Plan for the Susitna-Watana'' Project No. 14241. Comments
on the proposed study plan are due November 14, 2012. All other dates
in the notice are correct.

    Dated: September 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23809 Filed 9-26-12; 8:45 am]
BILLING CODE 6717-01-P


Enclosure U. S. EPA Region 4 Objection Proposed Part 70 Operating Permit Florida Power Corporation Crystal River Plant Permit No. 0170004 004 AV November 1, 1999 I. EPA Objection Issues 1. Applicable Requirements  Based on our review of the proposed permit, the title V permit application, and supplemental materials, EPA has determined that the proposed permit for the FPC Crystal River facility does not assure compliance with all applicable requirements under the Clean Air Act ( CAA or the Act), the Florida State Implementation Plan ( SIP), and state and federal title V regulations. Specifically, the permit does not contain terms and conditions assuring compliance with applicable Prevention of Significant Deterioration ( PSD) requirements of the Act, the Florida SIP, and 40 C. F. R. part 70 for a proposed major modification to allow the facility to burn petroleum coke (" petcoke"). Pursuant to CAA § 504( a), title V permits are to include, among other conditions, " enforceable emission limitations and standards, . . . and such other conditions as are necessary to assure compliance with applicable requirements of [ the Act], including the requirements of the applicable implementation plan." " Applicable requirements" are defined in 40 C. F. R. § 70.2 to include: "( 1) any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under title I of the Act..." As you know, FDEP defines " applicable requirement" in a similar fashion to include, among other requirements, " any standard or other requirement provided for in the state implementation plan" 62 210.200( 31)( a)( 1) Florida Administrative Code ( F. A. C.). Applicable requirements include the requirement to obtain preconstruction permits that comply with applicable preconstruction review requirements under the Clean Air Act, EPA regulations, and SIPs. See generally CAA § § 110( a)( 2)( C), 160 69, & 173; 40 C. F. R. § § 51.160 66 & 52.21; see also Order In re Roosevelt Regional Landfill, at 2, 8 ( May 4, 1999); Order In re Monroe Electric Generating Plant Entergy Louisiana, Inc., at 2 ( June 11, 1999). Such applicable requirements include the requirement to obtain a PSD permit that in turn complies with applicable PSD requirements. See CAA § 165; 40 C. F. R. § § 51.160, 51.166 & 52.21; 48 FR 52,713 ( November 22, 1983); Rule 62 212.400 F. A. C. Those requirements include, but are not limited to: the use of best available control technology ( BACT) for each regulated pollutant that would be emitted in significant amounts, at each emissions unit at which the increase would occur; associated emission limitations; and any additional requirements resulting from the PSD review, such as those that are necessary to afford protection to any Class I area air quality related values. The FPC Crystal River Facility Title V Air Operating Permit Application, signed June 12, 1996, indicates that on December 26, 1995, FPC submitted to FDEP a request to allow the Crystal River facility to burn a blend of petroleum coke and coal in Units 1 & 2. This proposed modification would result in an actual emissions increase of approximately 9,400 tons per year of sulfur dioxide and a corresponding increase in the potential emissions of sulfur dioxide of approximately 18,700 tons per year. There are no scrubbers present or planned for Units 1 & 2 to abate this emissions increase. As you are aware, a major source is subject to PSD requirements if the proposed modification will result in a significant net emissions increase of 40 tons or more per year of sulfur dioxide. See 40 C. F. R. § § 51.166( b)( 2), 51.166( b)( 23) & 51.166( i); see also 62 212.400( 2)( e) 2 F. A. C. Hence, it is our determination that the proposed modification is a major modification subject to PSD review. FPC's application, however, did not address PSD requirements, because FPC contended that it qualified for an exemption from PSD permitting requirements under Rule 62 212.400( 2)( c) 4 F. A. C. This FDEP rule, as well as federal PSD requirements at 40 C. F. R. § 51.166( b)( 2)( iii)( e)( 1), exclude from the definition of major modification the use of an alternative fuel or raw material which: the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975. . . . We are aware that after reviewing FPC's application to burn petcoke, FDEP originally issued an Intent to Deny the permit on June 25, 1996. Following an administrative hearing and a series of procedural events, FDEP issued a Final Order denying the permit on March 2, 1998. FPC appealed this decision to the Fifth District Court of Appeal of Florida ( 5th DCA). However, following negotiations with FPC, FDEP agreed to vacate the Final Order and joined with FPC in filing a Joint Motion for Relinquishment of Jurisdiction with the 5th DCA. On January 11, 1999, FDEP granted FPC a final state construction permit to authorize the burning of a petcoke coal blend in Units 1 and 2. This permit was not issued pursuant to the State PSD regulations, and hence, does not meet the requirements of the CAA, Federal PSD Regulations or the Florida SIP. In addition, this permit was issued without an opportunity for public or EPA review. The proposed title V permit is, thus, the first opportunity for EPA to comment on the permit conditions related to the proposed modification. It is our understanding that the facility has not commenced burning of petcoke. EPA has reviewed the supporting information related to the above proceedings, including, but not limited to: supplemental information submitted by FPC to EPA on January 6, 1997, February 11, 1997, February 18, 1997, February 21, 1997, February 28, 1997, and May 21, 1997; information submitted by FDEP to EPA on December 24, 1996 and May 13, 1997; the Recommended Order of the administrative law judge ( ALJ) following the FDEP's administrative hearing ( September 23, 1977); the FDEP's Final Order to Deny the permit ( March 2, 1998) ; and the subsequent vacature of that order ( January 4, 1999). As communicated in our letters to Howard L. Rhodes, dated June 2, 1997 and July 30, 1997, and for the reasons outlined below, EPA continues to maintain that the exemption for alternative fuels given in 40 C. F. R. § 51.166( b)( 2)( iii)( e)( 1) and as incorporated into the SIP at 62 212.400( 2)( c) 4 F. A. C., is not applicable for the purpose of the proposed petroleum coke modification, and thus, the proposed modification is major modification subject to PSD review.

A. The facility was not capable of accommodating petroleum coke as of January 6, 1975. The administrative hearing record and other supporting information submitted by FPC and FDEP, including discussion of a facility inspection by FDEP on December 16, 1996, indicate that Unit 2 was physically unable to burn solid fuel as of January 6, 1975. Only through substantial modifications made during the late 1970' s to reconvert Units 1 and 2 to coal fired facilities, did Unit 2 regain the ability to burn coal. The record is unclear as to whether the Unit 1 boiler remained capable of burning coal during the time that it burned fuel oil. However, during the " reconversion" process, modifications to Unit 1 included replacement of most of the waterwall, addition of induced draft fans, replacement of pollution control equipment, and addition of railroad tracks to the area. According to the hearing witness for FDEP, the physical alterations were required to make the units capable of accommodating coal. Further, it is not clear that the blending capability to co fire coal and petcoke was present prior to 1975. Some of the physical modifications, as documented by FPC, necessary to convert the units back to coal include changes or additions of coal burners; piping for sootblowers, service air, flame scanners, drip drain vents, precipitators, ash water, pyrites, and fluidizing air; coal transport piping, pulverizers and motors; coal feeders; ignitor horns, soot blowers, and flame scanner systems; bottom ash hopper and clinker grinders; ash pond, ash sluice system, and flyash removal system, etc. These modifications were documented to cost over 17 million dollars ( past value), and it appears that many of these modifications were necessary to convert the facilities to coal fired units, rather than to simply bring the units into compliance while burning coal, as characterized by FPC ( Letter to Mr. Brian Beals, EPA, December 24, 1996). As discussed in FDEP's Final Order of March 2, 1997, the ALJ's determination in this matter was flawed and in fact contradictory. Based upon EPA's review of the record, we concur with FDEP's finding in this Order that there was no substantiated evidence to support the assertion that the facility remained capable of co firing petcoke during the 1970' s when the facility fired fuel oil. In fact, the evidence, as well as the ALJ's findings themselves, support the contrary determination that the facility was " converted" from firing liquid fuel to firing solid fuel during the late 1970' s, well after the 1975 date in the exemption invoked by FPC.

B. The use of petroleum coke was not designed and built into Units 1 and 2. The alternative fuels exemption is not contained in the Act, but was added to the PSD regulations in 1974 ( the current version being codified in 1978) such that the definition of modification would be consistent with that used under the New Source Performance Standards ( NSPS), as intended by Section 169( 2)( C) of the Act. The stated intent of the NSPS exemption was to " eliminate inequities where equipment had been put into partial operation prior to the proposal of the standards," 36 FR 15,704 ( August 3, 1971). The current NSPS regulations, at 40 C. F. R. § 60.14( e)( 4), contain an analogue to the PSD alternatives fuel exemption at 40 C. F. R. § 52.21( b)( 2)( ii)( e), which provides that the use of an alternative fuel or raw material shall not be considered a modification if: . . . the existing facility was designed to accommodate the alternative use. A facility shall be considered to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifications as amended prior to the change. . . While the original NSPS exemption was changed slightly to allow for changes to the " original" design specification ( 40 FR 58,416 ( December 16,1975)), the alterations did not change the intent of the exemption  to grandfather voluntary fuel switches that a facility had designed for and built into its system prior to January 6, 1975. The only fuels contemplated in the design and construction of Units 1 And 2 were coal and oil. Nothing in the design or construction documents for Units 1 and 2 suggests that FPC considered petcoke as a fuel for these units, nor does anything in those documents suggest that the design or construction was intended to accommodate the potential use of petcoke as a fuel. For example, the facility's 1971 operating permit application for Unit 2 required the source to identify " fuels" by type, and required that such identification " be specific." FPC identified only coal as the fuel type in this document and all other pre 1975 documents made available to EPA. As discussed above, the purpose of the alternative fuels exemption was to eliminate any inequity faced by utilities which designed and constructed units to burn more than one fuel, but which were not burning all of those fuels as of January 6, 1975. For example, absent the exemption, a facility equipped to burn coal and oil, but which was only burning oil at the time the NSPS were adopted, would be subject to the NSPS and subsequently PSD review merely by switching back to coal. Therefore, EPA believes it is reasonable to interpret the alternative fuels exemption to apply only to fuels which were contemplated in the design and construction of a unit prior to January 6, 1975 and which the unit remained continuously able to burn. Units 1 and 2 do not meet these criteria, as they were never designed for petcoke and, through conversion to oil, lost the ability to burn solid fuel prior to January 6, 1975. Furthermore, in the burning of petcoke, FPC does not face the inequity remedied by the alternative fuels exemption. To interpret this provision as allowing a facility to use " any" fuel that it could possibly burn prior to January 6, 1997, regardless of whether such fuels were originally contemplated or included in the original design, improperly expands the availability of the intended PSD exemption. To do so would also establish an obvious inequity, neither intended nor likely to be overlooked by EPA in crafting the exemption, whereby facilities constructed prior to 1975 would be able to burn any number of fuels without complying with PSD or NSPS requirements and those constructed after this date would be subject to review and substantive requirements.

C. The proposed petroleum coke coal fuel blend is not an " alternative fuel" within the meaning of the exemption. As discussed in Alabama Power Co. v. Costle, the PSD exemption at 40 C. F. R. § 52.21( b)( 2)( iii)( e) and the corresponding Florida provision at 62 212.400( 2)( c) 4 F. A. C. were intended to grandfather " voluntary fuel switches by emission sources which were designed to accommodate the alternative fuels prior to January 6, 1975." The provision was not intended to provide a loop hole by which facilities may add various substances, such as waste products or waste fuels, to their primary fuels without being subject to PSD review. The Federal Register notices and background information documents that speak to this particular exemption only reference primary fuels, such as coal, oil and gas. At the time the alternative fuel exemption was promulgated, EPA contemplated " switches" between primary fuels. Therefore, it is a reasonable interpretation of the regulations to limit this exemption to primary fuels and not to apply the exemption to fuel additives that the facility was neither designed nor built to use as a primary fuel. FPC is currently burning coal as their primary fuel. It is EPA's determination that burning a 95% coal, 5% petcoke blend does not constitute a " switch" to an " alternative" fuel as intended by the exemption. Rather, the blending in of 5% petcoke is a change in the current method of operation that is subject to PSD review. The above interpretations are consistent with FDEP's and EPA's longstanding interpretations of the " capable of accommodating" exemption. As you are aware, there are several EPA guidance memoranda, including a June 7, 1983 document from this office to Mr. Steve Smallwood of FDEP, that interpret the exemption to require that the facility be " designed" and continuously able to accommodate the use of a specified alternative fuel. This guidance clearly states: In order for a plant to be capable of accommodating coal, the company must show not only that the design ( i. e., construction specifications) for the source contemplated the equipment, but also that the equipment actually was installed and still remains in existence. Otherwise, it cannot reasonably be concluded that the use of coal was " designed into the source." FDEP's past implementation of its new source review regulations has also been consistent with this interpretation. According to FDEP's December 24, 1996 letter from C. H. Fancy, Bureau of Air Regulation, to Mr. Brian Beals, EPA, requesting assistance with the FPC PSD applicability determination, FDEP had treated as major modifications, the use of a petroleum coke coal blend in five coal fired units in Florida for the purposes of PSD permitting as of that date. As documented in FDEP's letter: " in each case, the proposals have been treated as changes in method of operation to which PSD is applicable unless they are able to ' net out' by demonstrating that there will be no significant increases in PSD pollutants." To remedy the above identified deficiency, the title V permit must include a compliance schedule, consistent with 40 C. F. R. § 70.5( c)( 8)( iii), that requires FPC to obtain a PSD permit fulfilling State and federal PSD requirements and 40 C. F. R. § 70.6( c)( 3). Progress reports referenced under 40 C. F. R. § 70.6( c)( 4) must be required by the permit. Any additional requirements resulting from the PSD review, including requirements for control equipment and emission limitations, will have to be incorporated into the title V permit through permit modification. Alternatively, the State may concurrently issue proposed PSD and title V permits. As a third option, the State could issue a valid synthetic minor permit, limiting the emissions increase from the proposed change to less than the applicable PSD significance levels. As above, such conditions would need to be incorporated into the title V permit.

2. Periodic Monitoring  Conditions A. 14. and B. 13., in conjunction with Condition I. 6., require that the source conduct annual testing for particulate matter whenever fuel oil is burned for more than 400 hours in the preceding year. The Statement of Basis states that this testing frequency " is justified by the low emission rate documented in previous emission tests while firing fuel oil" and that the " Department has determined that sources with emissions less than half of the effective standard shall test annually."

While EPA has in the past accepted this approach as adequate periodic monitoring for particulate matter, it has done so only for uncontrolled natural gas and fuel oil fired units. The units addressed in Conditions A. 14. and B. 13., primarily burn coal and use add on control equipment ( i. e., electrostatic precipitators) to comply with the applicable particulate matter standards. In order to provide reasonable assurance of compliance, the results of annual stack testing will have to be supplemented with additional monitoring. Furthermore, the results of an annual test alone would not constitute an adequate basis for the annual compliance certification that the facility is required to submit for these units in order to certify continuous compliance with the pound/ hour particular matter limit.

The most common approach to addressing periodic monitoring for particulate emission limits on units with add on controls is to establish either an opacity or a control device parameter indicator range that would provide evidence of proper control device operation. The primary goal of such monitoring is to provide reasonable assurance of compliance, and one way of achieving this goal is to use opacity data or control device operating parameter data from previous successful compliance tests to identify a range of values that has corresponded to compliance in the past. Operating within the range of values identified in this manner would provide assurance that the control device is operating properly and would serve as the basis for an annual compliance certification. Depending upon the margin of compliance during the tests used to establish the opacity or control device parameter indicator range, going outside the range could represent either a period of time when an exceedance of the applicable standard is likely or it could represent a trigger for initiating corrective action to prevent an exceedance of the standard. In order to avoid any confusion regarding the consequences of going outside the indicator range, the permit should clearly state if doing so is evidence that a standard has been exceeded and should specify whether corrective action must be taken when a source operates outside the established indicator range.

3. Periodic Monitoring  Conditions C. 5. and D. 4. require that the source conduct Method 9 tests once annually for the fly ash handling system ( Emission Units # 006, # 008, # 009, and # 010) and the bottom ash storage silo ( Emission Unit # 014), respectively. For units with control equipment ( i. e., baghouses), this typically does not constitute adequate periodic monitoring to ensure continuous compliance with the visible emissions standards. It is also particularly important in this case to include adequate periodic monitoring with regard to the fly ash handling system since it has been limited to only 5 percent opacity in lieu of stack testing for particulate matter. Therefore, the permit needs to include provisions requiring that the source conduct qualitative observations of visible emissions on a daily basis ( i. e., Method 22) and that Method 9 tests be conducted within 24 hours of any abnormal qualitative survey. As an alternative, since these units are controlled by baghouses, the source may opt to establish a parametric monitoring program. For instance, the permit could specify ranges for parameters, such as pressure drop, that would provide reasonable assurance that the source is in compliance with the applicable standards.

4. Periodic Monitoring  The material handling activities supporting the steam generating units ( Emission Unit # 016) are subject to a visible emissions limit of 20 percent opacity; however, the permit does not specify the frequency for testing. To certify compliance with the applicable opacity limit, the source should be required to conduct a Method 9 test at least once annually. To provide reasonable assurance of continuous compliance, the source needs to conduct ( and record the results of) qualitative observations ( i. e., Method 22) at least once daily with follow up Method 9 tests within 24 hours of any abnormal visible emissions unless the statement of basis provides justification for reduced frequency.

5. Appropriate Averaging Times  Conditions A. 6., B. 4.( a)( 1), F. 3., and G. 2. do not specify averaging times for the respective particulate matter emission limits. Because the stringency of emission limits is a function of both magnitude and averaging time, appropriate averaging times must be added to the permit in order for the limits to be practicably enforceable. An approach that may be used to address this deficiency is to include a general condition in the permit stating that the averaging times for all specified emission standards are tied to or based on the run time of the test method( s) used for determining compliance.

6. Periodic Monitoring ( Practical Enforceability)  Conditions C. 1. and D. 1. limit the mass flow rates of fly ash through the fly ash handling system and bottom ash through the bottom ash storage silo, respectively; however, the permit does not contain any provisions to practicably enforce such limits. The permit needs to include monitoring and/ or recordkeeping requirements such as the maintenance of daily records of the mass throughputs for the affected units to provide reasonable assurance of compliance with the applicable limits.

7. Periodic Monitoring ( Practical Enforceability)  Conditions F. 1. and G. 1. limit the volume flow rates of seawater through the cooling towers, Emission Units # 013 and # 015, respectively; however, the permit does not contain any provisions to practicably enforce such limits. The permit needs to include provisions requiring the source to monitor and record the flow of seawater through the cooling towers.

II. General Comments 1. Compliance Certification  Facility wide Condition 11 of the permit should specifically reference the required components of Appendix TV 3, which lists the compliance certification requirements of 40 C. F. R. § 70.6( c)( 5)( iii), to ensure that complete certification information is submitted to EPA.

2. Acid Rain  The Phase II Acid Rain Application and Compliance Plan received on December 22, 1995, which are referenced as attachments made part of the permit ( see page 1 of proposed permit), should also be referenced under Section IV, Subsection A. 1.

3. Acid Rain  The NOx Early Election requirements and limits located in Subsection B ( addressing Phase I Acid Rain) for Units 2, 4, and 5 of the Acid Rain part of the proposed title V permit should be moved to Subsection A ( addressing Acid Rain, Phase II). Moving these requirements should clarify that FDEP is approving and incorporating the NOx Early Election requirements into the Phase II permit portion.


[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Proposed Rules]
[Pages 59555-59557]
[FR Doc No: 2017-27043]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1184; Product Identifier 2017-CE-029-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Pacific Aerospace Limited Model 750XL airplanes. 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 incorrectly marked and annunciated low oil
pressure indication warnings. We are issuing this proposed AD to
require actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 29,
2018.

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 W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027,
Hamilton 3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7
843 6134; email: [email protected]; internet:
www.aerospace.co.nz. You may review this referenced service information
at the FAA, Policy and Innovation Division, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1184; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

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-2017-1184;
Product Identifier 2017-CE-029-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD because of those comments.
    We will post all comments we receive, without change, to http://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 Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD No. DCA/750XL/19, dated September 7,
2017 (referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes and was
based on mandatory continuing airworthiness information originated by
an aviation authority of another country. The MCAI states:

The low oil pressure warnings are incorrectly marked and annunciated
on certain Pacific Aerospace 750XL aircraft. This AD introduces the
requirements in Pacific Aerospace Mandatory Service Bulletin (MSB)
PACSB/XL/088, dated 11 August 2017, to correct low oil pressure
indication warnings.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1184.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Pacific Aerospace Mandatory
Service Bulletin (MSB) PACSB/XL/088, dated August 11, 2017; and Pacific
Aerospace temporary revisions XL/POH/00/001, XUPOH/02/001, XUPOH/03/
001, and XUPOH/03/002 (co-published as one document), all dated August
18, 2017. The service bulletin describes procedures for adjustment or
replacement of the low oil pressure light, pressure switch, and
indicator. The temporary revisions correct the reference to the
incorrect instrument markings in the Pilots Operating Handbook (POH).
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 22 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $500 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $14,740, or $670 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C.

In accordance with that order, issuance of ADs is normally a function
of the Compliance and Airworthiness Division, but during this
transition period, the Executive Director has delegated the authority
to issue ADs applicable to small airplanes and domestic business jet
transport airplanes to the Director of the Policy and Innovation
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2017-1184; Product
Identifier 2017-CE-029-AD.

(a) Comments Due Date

    We must receive comments by January 29, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited 750XL airplanes,
all serial numbers up to XL217, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 79: Engine Oil.

(e) Reason

    This AD was prompted by 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 incorrectly
marked and annunciated low oil pressure indication warnings. We are
issuing this AD to prevent engine oil pressure from dropping below
safe limits, which could cause possible engine damage or failure.

(f) Actions and Compliance

    Unless already done, do the following actions as appropriate in
paragraph (f)(1) through (4) of this AD:
    (1) For airplanes with Pilots Operating Handbook (POH) AIR 2825:
Within the next 30 days after the effective date of this AD, insert
Pacific Aerospace temporary revisions XL/POH/00/001, XL/POH/02/001,
and XUPOH/03/001 (co-published as one document), all dated August
18, 2017, into the Pacific Aerospace Limited (PAL) 750XL POH AIR
2825.
    (2) For airplanes with Pilots Operating Handbook (POH) AIR 3237:
Within the next 30 days after the effective date of this AD, insert
Pacific Aerospace temporary revisions XL/POH/00/001, XUPOH/02/001,
XUPOH/03/001, and XUPOH/03/002 (co-published as one document), all
dated August 18, 2017, into the PAL 750XL POH AIR 3237.
    (3) For Pacific Aerospace 750XL airplanes up to S/N XL217:
Within the next 100 hours time-in-service (TIS) after the effective
date of this AD or within the next 12 months after the effective
date of this AD, whichever occurs first, replace the pressure switch
for the low oil pressure light per the instructions in Part A of
Pacific Aerospace Limited Mandatory Service Bulletin (PALMSB) PACSB/
XL/088, dated August 11, 2017.
    (4) For Pacific Aerospace 750XL airplanes up to S/N XL217 fitted
with PIN INS 60-8 oil pressure/temperature indicator: Within the
next 100 hours TIS after the effective date of this AD or within the
next 12 months after the effective date of this AD, whichever occurs
first, replace the oil pressure/temperature indicator per the
instructions in Part B of PALMSB PACSB/XL/088, dated August 11,
2017.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Small Airplane Standards Branch, 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: Mike Kiesov, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected]. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, Small Airplane
Standards Branch, FAA; or The Civil Aviation Authority (CAA), which
is the aviation authority for New Zealand.

(h) Related Information

    Refer to Civil Aviation Authority (CAA), which is the aviation
authority for New Zealand MCAI AD No. DCA/750XL/19, dated September
7, 2017; Pacific Aerospace Mandatory Service Bulletin PACSB/XL/088,
dated August 11, 2017, and Pacific Aerospace temporary revisions XL/
POH/00/001, XUPOH/02/001, XUPOH/03/001, and XUPOH/03/002 (co-
published as one document), all dated August 18, 2017; for related
information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2017-1184. For service information related to this AD, contact
Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027,
Hamilton 3240, New Zealand; telephone: +64 7 843 6144; facsimile:
+64 7 843 6134; email: [email protected]; internet:
www.aerospace.co.nz. You may review this referenced service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on December 11, 2017.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2017-27043 Filed 12-14-17; 8:45 am]
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