[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Rules and Regulations]
[Pages 25366-25371]
[FR Doc No: 2012-9931]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R10-UST-2011-0097; FRL-9615-4]

Underground Storage Tank Program: Approved State Program for the
State of Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as
amended, authorizes the United States Environmental Protection Agency
(EPA) to grant approval to any State to operate its underground storage
tank program in the State in lieu of the federal program. The
regulation codifies EPA's decision to approve State programs and
incorporates by reference those provisions of the State statutes and
regulations that will be subject to EPA's inspection and enforcement
authorities under sections 9005 and 9006 of RCRA subtitle I and other
applicable statutory and regulatory provisions. This rule codifies the
prior approval of Oregon's underground storage tank program and
incorporates by reference appropriate provisions of state statutes and
regulations.

DATES: This regulation is effective June 29, 2012, unless EPA publishes
a prior Federal Register document withdrawing this direct final rule.
All comments on the codification of Oregon's underground storage tank
program must be received by the close of business May 30, 2012. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register, as of
June 29, 2012, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Comments may be submitted, identified by Docket ID No. EPA-
R10-UST-2011-0097, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     Email<EMAIL_ADDRESS>     Mail: Katherine Griffith, U. S. Environmental Protection
Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE-082,
Seattle, WA 98101.
     Comments received by EPA may be inspected in the public
docket online and in the EPA Region 10 Library, 1200 Sixth Avenue,
Seattle, WA 98101, from 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m., Monday
through Friday, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R10-UST-
2011-0097. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identify or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any

disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy.

FOR FURTHER INFORMATION CONTACT: Katherine Griffith, U. S.
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite
900, Mail Stop: OCE-082, Seattle, WA 98101, phone number: (206) 553-
2901, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991c, authorizes the United States
Environmental Protection Agency (EPA) to approve a State to operate its
underground storage tank program in the State in lieu of the federal
underground storage tank program. EPA published a Federal Register
document announcing its decision to grant approval to Oregon on
September 16, 2011, and approval was effective on September 16, 2011
(76 FR 57659).
    EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein those provisions of the State
statutes and regulations that are subject to EPA's inspection and
enforcement authorities under sections 9005 and 9006 of subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, and other applicable statutory and
regulatory provisions. Today's rulemaking codifies EPA's approval of
Oregon's underground storage tank program. This codification reflects
the State program in effect at the time EPA grants Oregon approval
under section 9004, 42 U.S.C. 6991c, for its underground storage tank
program. Notice and opportunity for comment were provided earlier on
the Agency's decision to approve the Oregon program, and EPA is not now
reopening that decision nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved Oregon
program and by amending the Code of Federal Regulations (CFR) whenever
a new or different set of requirements is approved in Oregon, the
status of federally-approved requirements of the Oregon program will be
readily discernible. Only those provisions of the Oregon underground
storage tank program EPA has approved will be incorporated by reference
for enforcement purposes.
    To codify EPA's approval of Oregon's underground storage tank
program, EPA has added Sec.  282.87 to Title 40 of the CFR. Section
282.87(d)(1)(i) incorporates by reference for enforcement purposes the
State's statutes and regulations. Section 282.87 also references the
Attorney General's Statement, Demonstration of Adequate Enforcement
Procedures, the Program Description, and the Memorandum of Agreement,
which are approved as part of the underground storage tank program
under subtitle I of RCRA.
    EPA retains the authority under sections 9003(h), 9005 and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, and other
applicable statutory and regulatory provisions to undertake corrective
actions, inspections and enforcement in approved States. With respect
to such actions, EPA will rely on federal sanctions, federal inspection
authorities, and federal procedures rather than the State authorized
analogues to these provisions. Therefore, the approved Oregon
enforcement authorities will not be incorporated by reference. Section
282.87 lists those approved Oregon authorities that would fall into
this category.
    The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally-
approved State program, because such provisions are ``broader in
scope'' than subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a
result, State provisions which are ``broader in scope'' than the
federal program are not incorporated by reference for purposes of
enforcement in Part 282. Section 282.87 of the codification simply
lists for reference and clarity the Oregon statutory and regulatory
provisions which are ``broader in scope'' than the federal program and
which are not, therefore, part of the approved program being codified
today. ``Broader in scope'' provisions cannot be enforced by EPA; the
State, however, will continue to implement and enforce such provisions.

B. Statutory and Executive Order Review

    This final rule only applies to Oregon's UST Program requirements
pursuant to RCRA Section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable EOs and
statutory provisions as follows:

1. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this rule
from its review under Executive Order 12866.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this rule does not establish or modify any information or
recordkeeping requirements for the regulated community and only seeks
to authorize the pre-existing requirements under State law and imposes
no additional requirements beyond those imposed by State law.

3. Regulatory Flexibility Act

    After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act, I certify that this rule
will not have a significant economic impact on a substantial number of
small entities because the rule will only have the effect of
authorizing pre-existing requirements under State law and imposes no
additional requirements beyond those imposed by State law.

4. Unfunded Mandates Reform Act

    Because today's rulemaking codifies pre-existing requirements under
Oregon state law and does not impose any additional enforceable duty
beyond that required by Oregon state law, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act.

5. Executive Order 13132: Federalism

    Executive Order 13132 does not apply to this rule because this
final rule does not have Federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among various levels of government.

6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 does not apply because this rule does not
have tribal implications (i.e., substantial direct effects 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). EPA retains its
authority in Indian Country.

7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it will codify a
state program.

8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 because it is not
a ``significant regulatory action'' as defined under Executive Order
12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), (15 U.S.C. 272), directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This rulemaking
does not involve technical standards. Therefore, the NTTAA does not
apply.

10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this rule
will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations. This rule
does not affect the level of protection provided to human health or the
environment because this rule codifies pre-existing State rules which
are no less stringent than existing Federal requirements.

11. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks and Water pollution control.

    Authority: This document is issued under the authority of
Section 9004 of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991c.

    Dated: April 10, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 282 is
amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

0
2. Add Sec.  282.87 to subpart B to read as follows:

Sec.  282.87  Oregon State-Administered Program.

    (a) The State of Oregon is approved to administer and enforce an
underground storage tank program in lieu of the federal program under
subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Oregon Department of Environmental Quality, was
approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this
Chapter. EPA published the notice of final determination approving the
Oregon underground storage tank program on September 16, 2011, and it
became effective on that date.
    (b) Oregon has primary responsibility for enforcing its underground
storage tank program. However, EPA retains the authority to exercise
its corrective action, inspection and enforcement authorities under
sections 9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d and 6991e, as well as its authority under other
statutory and regulatory provisions.
    (c) To retain program approval, Oregon must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oregon obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
    (d) Oregon has final approval for the following elements submitted
to EPA in its program application as of September 16, 2011.
    (1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other than that
specified in this section, the Environmental Protection Agency must
publish notice of change in the Federal Register and the material must
be available to the public. All approved material is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of the material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of Oregon's program
application may be obtained from the Underground Storage Tank Program,
Oregon Department of Environmental Quality, 811 SW Sixth Avenue,
Portland, Oregon, 97204.
    (A) Oregon Statutory Requirements Applicable to the Underground
Storage Tank Program, 2009.
    (B) Oregon Regulatory Requirements Applicable to the Underground
Storage Tank Program, 2009.
    (ii) EPA considered the following statutes and regulations in
evaluating the State program, but did not incorporate them by
reference.

    (A) The statutory provisions include:
    (1) Oregon Revised Statutes, Chapter 183, Administrative Procedures
Act, 2009, insofar as the provisions and procedures apply to the
underground storage tank program.
    (2) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal
or Remedial Action: Sections 465.200-465.482 and 465.900), insofar as
these provisions apply to matters involving an ``underground storage
tank'' as that term is defined in ORS 466.706(21), as limited by the
exclusions listed in ORS 466.710, except that the term does not include
a tank used for storing heating oil for consumptive use on the premises
where stored. The following Sections are part of the approved state
program, although not incorporated by reference herein for enforcement
purposes: Sections 465.205 through 465.250, 465.257 through 465.300,
465.310 through 465.335, 465.400 through 465.435, 465.445 through
465.455 and 465.900.
    (3) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil
Storage Tanks: Sections 466.706-466.920 and Sections 466.990-466.995),
insofar as these provisions apply to matters involving an ``underground
storage tank'' as that term is defined in ORS 466.706(21), as limited
by the exclusions listed in ORS 466.710, except that the term does not
include a tank used for storing heating oil for consumptive use on the
premises where stored. The following Sections are part of the approved
state program, although not incorporated by reference herein for
enforcement purposes: Sections 466.715 through 466.735, 466.746,
466.760, 466.775 through 466.780, 466.791 through 466.810, 466.820,
466.830 through 466.845, 466.901 through 466.920 and 466.994 through
466.995.
    (4) Chapter 468 Environmental Quality Generally, insofar as these
provisions apply to matters involving an ``underground storage tank''
as that term is defined in ORS 466.706(21), as limited by the
exclusions listed in ORS 466.710, except that the term does not include
a tank used for storing heating oil for consumptive use on the premises
where stored. The following Sections are part of the approved state
program, although not incorporated by reference herein for enforcement
purposes: Sections 468.005 through 468.050, 468.090 through 468.140 and
468.963.
    (B) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340, Division 11: Section
340-11-0545
    (2) Oregon Administrative Rules, Chapter 340, Division 12: Sections
340-012-0026 through<PHONE_NUMBER>,<PHONE_NUMBER> (with the exception of
subparagraphs (1) (k) and (l) and (2) (g) through (j)),<PHONE_NUMBER>
(with the exception of subparagraph (1) (g)) and<PHONE_NUMBER> insofar
as this applies to violations involving an underground storage tank.
    (3) Oregon Administrative Rules, Chapter 340, Division 122:
Sections<PHONE_NUMBER> through<PHONE_NUMBER> and<PHONE_NUMBER> through
340-122-0140.
    (4) Oregon Administrative Rules, Chapter 340, Division 142: Section
340-142-0120.
    (5) Oregon Administrative Rules, Chapter 340, Division 150:
Sections<PHONE_NUMBER> through<PHONE_NUMBER>,<PHONE_NUMBER>,<PHONE_NUMBER>
through<PHONE_NUMBER>.
    (6) Oregon Code of Civil Procedure 33C
    (7) Oregon Administrative Rules, Chapter 690, Division 240, insofar
as these provisions apply to matters involving an ``underground storage
tank'' as that term is defined in ORS 466.706(21), as limited by the
exclusions listed in ORS 466.710, except that the term does not include
a tank used for storing heating oil for consumptive use on the premises
where stored. The following Sections are part of the approved state
program, although not incorporated by reference herein for enforcement
purposes: Sections<PHONE_NUMBER>,<PHONE_NUMBER>,<PHONE_NUMBER> through
690-240-0340 and<PHONE_NUMBER> through<PHONE_NUMBER>.
    (iii) The following specifically identified sections and rules
applicable to the Oregon underground storage tank program that are
broader in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
    (A) The statutory provisions include:
    (1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal
or Remedial Action): Sections 465.305; 465.340 through 465.391;
465.440; and 465.475 through 465.482.
    (2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil
Storage Tanks): Sections 466.750; 466.783 through 466.787; 466.858
through 466.882; and 466.990 through 466.992):
    (3) Chapter 468, Environmental Quality Generally: Sections 468.055
through 468.089:
    (B) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340: Divisions 160, 162,
163, 170, 177 and 178.
    (2) Oregon Administrative Rules, Chapter 837, Division 40.
    (2) Statement of legal authority. The Attorney General Statement, a
letter signed on June 21, 2010, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the application for approval on July 19, 2010, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
    (4) Program Description. The program description and any other
material submitted as part of the application on July 19, 2010, though
not incorporated by reference, are referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 10 and the Oregon Department of Environmental Quality,
signed by the EPA, Regional Administrator on July 11, 2011, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.

0
3. Appendix A to Part 282 is amended by adding in alphabetical order
``Oregon'' and its listing.

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

Oregon

    (a) The statutory provisions include:
    (1) Chapter 465, Hazardous Waste and Hazardous Materials I
(Removal or Remedial Action Sections 465.200 through 465.482 and
465.900.):
    465.200 Definitions for ORS 465.200 to 465.545 (except for
Sections 465.200(5) through (11) and (17) defining terms contained
in the dry cleaning requirements; (13) ``facility'' insofar as it
applies to a facility that is not an underground storage tank; (16)
``hazardous substance'' insofar as it applies to hazardous wastes
and any substance that is not otherwise defined as a hazardous
substance pursuant to section 101(14) of the federal Comprehensive
Environmental Response, Compensation and Liability Act or that is
not oil; (28) ``underground storage tank'' insofar as it includes
any tank or piping that is excluded under ORS 466.710 and also any
tank used to store heating oil for consumptive use on the premises
where stored.)
    465.255 Strict liability for remedial action costs for injury or
destruction of natural

resource; limited exclusions (except insofar as this includes a
person who is not an owner or operator of an underground storage
tank and except insofar as the exclusions would exclude persons who
would be liable under Section 9003(h)(6) of RCRA).
    (2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil
Storage Tanks):
    466.706 Definitions for ORS 466.706 to 466.882 and 466.994
(except for the following definitions: Section 466.706(17)
``regulated substance'' insofar as it would include substances
designated by the commission under subsection (c) that are not
included under subsections (a) and (b) of this definition; (21)
``underground storage tank'' insofar as it includes any tank or
piping that is excluded under ORS 466.710, and any tank used to
store heating oil for consumptive use on the premises where stored.)

466.710 Application of ORS 466.706 to 466.882 and 466.994
466.740 Noncomplying installation prohibited
466.743 Training on operation, maintenance and testing; rules
466.765 Duty of owner or permittee of underground storage tank
466.770 Corrective action required on contaminated site
466.815 Financial responsibility of owner or permittee; rules;
legislative review
466.825 Strict liability of owner or permittee

    (b) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340, Division 122
insofar as the following rules apply to a release from an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored.

340-122-0010 Purpose
340-122-0030 Scope and Applicability
340-122-0040 Standards
340-122-0047 Generic remedies
340-122-0050 Activities
340-122-0070 Removal
340-122-0071 Site Evaluation
340-122-0072 Preliminary Assessments
340-122-0073 Confirmation of Release
340-122-0080 Remedial Investigation
340-122-0084 Risk Assessment
340-122-0085 Feasibility Study
340-122-0090 Selection or Approval of the Remedial Action
340-122-0100 Public Notice and Participation
340-122-0110 Administrative Record
340-122-0115 Definitions insofar as the definition applies to an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored
340-122-0120 Security Interest Exemption
340-122-0205 Purpose
340-122-0210 Definitions except insofar as the definition of
``responsible person'' includes a person who does not own or operate
an underground storage tank
340-122-0215 Scope and Applicability
340-122-0217 Requirements and Remediation Options
340-122-0218 Sampling and Analysis
340-122-0220 Initial Response
340-122-0225 Initial Abatement Measures and Site Check
340-122-0230 Initial Site Characterization
340-122-0235 Free Product Removal
340-122-0240 Investigation for Magnitude and Extent of Contamination
340-122-0243 Low-Impact Sites
340-122-0244 Risk-Based Concentrations
340-122-0250 Corrective Action Plan
340-122-0252 Generic Remedies
340-122-0260 Public Participation
340-122-0320 Soil Matrix Cleanup Options
340-122-0325 Evaluation of Matrix Cleanup Level
340-122-0330 Evaluation Parameters
340-122-0335 Numeric Soil Cleanup Standards
340-122-0340 Sample Number and Location
340-122-0345 Sample Collection Methods
340-122-0355 Evaluation of Analytical Results
340-122-0360 Reporting Requirements
Grid for OAR<PHONE_NUMBER>(5)(c) and Table for OAR<PHONE_NUMBER>(2)

    (2) Oregon Administrative Rules, Chapter 340, Division 142
insofar as the following rules apply to a release from an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored.

340-142-0001 Purpose and Scope
340-142-0005 Definitions as Used in This Division Unless Otherwise
Specified
340-142-0030 Emergency Action
340-142-0040 Required Reporting
340-142-0050 Reportable Quantities
340-142-0060 Cleanup Standards
340-142-0070 Approval Required for Use of Chemicals
340-142-0080 Disposal of Recovered Spill Materials
340-142-0090 Cleanup Report
340-142-0100 Sampling/Testing Procedures
340-142-0130 Incident Management and Emergency Operations

    (3) Oregon Administrative Rules, Chapter 340, Division 150.

340-150-0001 Purpose
340-150-0006 Applicability and General Requirements
340-150-0008 Exemptions and Deferrals
340-150-0010 Definitions
340-150-0020 UST General Permit Registration Certificate Required
except insofar as this provision applies to a person who does not
own or operate an underground storage tank and except insofar as the
payment of fees is required
340-150-0021 Termination of Temporary Permits
340-150-0052 Modification of Registration Certificates for Changes
in Ownership and Permittee except insofar as the payment of fees is
required
340-150-0080 Denial, Suspension or Revocation of General Permit
Registration Certificates except insofar as this provision applies
to a person who does not own or operate an underground storage tank
340-150-0102 Termination of Registration Certificates
340-150-0110 UST General Permit Registration, Annual Compliance and
Other Fees except insofar as the payment of fees is required
340-150-0135 General Requirements for Owners and Permittees
340-150-0140 Requirements for Sellers of USTs
340-150-0156 Performance of UST Services by Owners or Permittees
340-150-0160 General Permit Requirements for Installing an UST
System except insofar as this provision applies to a person who does
not own or operate an underground storage tank
340-150-0163 General Permit Requirements for Operating an UST System
except insofar as the payment of fees is required
340-150-0166 General Permit Requirements for Closure of an UST
System by Change-in-Service except insofar as the payment of fees is
required
340-150-0167 General Permit Requirements for Temporary Closure of an
UST System except insofar as the payment of fees is required
340-150-0168 General Permit Requirements for Decommissioning an UST
System by Permanent Closure except insofar as this provision applies
to a person who does not own or operate an underground storage tank
and except insofar as the payment of fees is required
340-150-0180 Site Assessment Requirements for Permanent Closure or
Change-in-Service
340-150-0200 Training Requirements for UST System Operators and
Emergency Response Information
340-150-0210 Training Requirements for UST Operators
340-150-0300 Installation of USTs and Piping
340-150-0302 Installation of Used USTs
340-150-0310 Spill and Overfill Prevention Equipment and
Requirements
340-150-0320 Corrosion Protection Performance Standards for USTs and
Piping
340-150-0325 Operation and Maintenance of Corrosion Protection
340-150-0350 UST System Repairs
340-150-0352 UST System Modifications and Additions
340-150-0354 UST System Replacements
340-150-0360 Requirements for Internally Lined USTs
340-150-0400 General Release Detection Requirements for Petroleum
UST Systems
340-150-0410 Release Detection Requirements and Methods for
Underground Piping
340-150-0420 Release Detection Requirements for Hazardous Substance
UST Systems
340-150-0430 Inventory Control Method of Release Detection
340-150-0435 Statistical Inventory Reconciliation Method of Release
Detection
340-150-0440 Manual Tank Gauging Release Detection Method
340-150-0445 Tank Tightness Testing for Release Detection and
Investigation
340-150-0450 Automatic Tank Gauging Release Detection Method
340-150-0455 Vapor Monitoring Release Detection Method

340-150-0460 Groundwater Monitoring Release Detection Method
340-150-0465 Interstitial Monitoring Release Detection Method
340-150-0470 Other Methods of Release Detection
340-150-0500 Reporting Suspected Releases
340-150-0510 Suspected Release Investigation and Confirmation Steps
340-150-0520 Investigation Due to Off Site Impacts
340-150-0540 Applicability to Previously Closed UST Systems
340-150-0550 Definitions for OAR<PHONE_NUMBER> and<PHONE_NUMBER>
340-150-0555 Compliance Dates for USTs and Piping
340-150-0560 Upgrading Requirements for Existing UST Systems
APPENDIX A Installation of USTs and Piping
APPENDIX B Installation of USTs and Piping
APPENDIX C Spill and Overfill Prevention Equipment and Requirements
APPENDIX D1 USTs Corrosion Protection Performance Standards for USTs
and Piping
APPENDIX D2 Piping Corrosion Protection Performance Standards for
USTs and Piping
APPENDIX E1 USTs Corrosion Protection Performance Standards for USTs
and Piping
APPENDIX E2 Piping Corrosion Protection Performance Standards for
USTs and Piping
APPENDIX F Corrosion Protection Performance Standards for USTs and
Piping
APPENDIX G Operation and Maintenance of Corrosion Protection
APPENDIX H UST System Repairs & UST System Modifications and
Additions
APPENDIX I General Release Detection Requirements for All UST
Systems
APPENDIX J General Guidance Documents for UST Owners and Permittees
APPENDIX K Site Assessment Requirements for Permanent Closure or
Change-in-Service
APPENDIX L Training Elements

    (4) Oregon Administrative Rules, Chapter 340, Division 151

340-151-0001 Purpose
340-151-0010 Scope and Applicability
340-151-0015 Adoption and Applicability of United States
Environmental Protection Agency Regulations
340-151-0020 Definitions
340-151-0025 Oregon-Specific Financial Responsibility Requirements

    (5) Oregon Administrative Rules, Chapter 690, Division 240,
insofar as it pertains to underground storage tanks, excluding tanks
used to store heating oil for consumptive use on the premises where
stored.

690-240-0005 Introduction
690-240-0006 Special Standards
690-240-0007 Special Area Standards
690-240-0010 Definitions
690-240-0011 Organic Materials
690-240-0012 Public Safety
690-240-0013 Wells Cannot Be Used for Disposal of Contaminants
690-240-0014 Water Used Must Be Potable
690-240-0016 Unattended Wells
690-240-0024 Well Identification Label
690-240-0026 Well Identification Label Maintenance
690-240-0030 Other Holes; General Performance and Responsibility
Requirements
690-240-0035 Geotechnical Holes: General Performance and
Responsibility Requirements
690-240-0355 Monitoring Well Drilling Machines
690-240-0375 Monitoring Well Construction Notice Required (Start
Card)
690-240-0385 Start Card Reporting Requirements
690-240-0395 Monitoring Well Report Required (Monitoring Well Log)
690-240-0410 Monitoring Well Construction: General
690-240-0420 Well Protection
690-240-0430 Casing
690-240-0440 Additional Standards for Artesian Monitoring Wells
690-240-0450 Cleaning
690-240-0460 Monitoring Well Screen, Filter Pack, and Filter Pack
Seal
690-240-0475 Well Seals
690-240-0485 Monitoring Well Development
690-240-0500 Completion of Monitoring Wells
690-240-0510 Abandonment of Monitoring Wells
690-240-0525 Piezometers
690-240-0540 Direct Push Monitoring Wells and Piezometers
690-240-0550 Evidence of Failure

[FR Doc. 2012-9931 Filed 4-27-12; 8:45 am]
BILLING CODE 6560-50-P


MADEX Twin

Insecticidal Virus

Sublabel A: Agricultural Use

Sublabel B: Residential Use

Active Ingredient*:

Cydia pomonella granulovirus isolate V22	0.06%

Other Ingredients:	99.94%

Total:	100.00%

*Contains a minimum of 3x1013 viral occlusion bodies per liter.

KEEP OUT OF REACH OF CHILDREN

CAUTION

EPA Reg. No.: 69553-

EPA Est. No.:

Manufactured by: 	Andermatt Biocontrol AG

Stahlermatten 6

CH-6146 Grossdietwil

Switzerland

SUBLABEL A: Agricultural Use

MADEX Twin

Biological Insecticide for Control of the Codling Moth and Oriental
Fruit Moth

Active Ingredient*:

Cydia pomonella granulovirus isolate V22	0.06%

Other Ingredients:	99.94%

Total:	100.00%

*Contains a minimum of 3x1013 viral occlusion bodies per liter.

KEEP OUT OF REACH OF CHILDREN

CAUTION

SEE SIDE/INSIDE PANEL FOR ADDITIONAL PRECAUTIONARY STATEMENTS

Net Contents:

Lot No.:

EPA Reg. No. 69553-

EPA Est. No.

Manufactured by: 	Andermatt Biocontrol AG

Stahlermatten 6

CH-6146 Grossdietwil

Switzerland

PRECAUTIONARY STATEMENTS

Hazards To Humans and Domestic Animals

CAUTION. Causes moderate eye and skin irritation. Avoid contact with
skin, eyes or clothing. Wash thoroughly with soap and water after
handling and before eating, drinking, chewing gum, using tobacco, or
using the toilet. Remove and wash contaminated clothing before reuse.

FIRST AID

If in eyes:	Hold eye open and rinse slowly and gently with water for
15-20 minutes. Remove contact lenses, if present, after the first 5
minutes, then continue rinsing.

Call a poison control center or doctor for treatment advice.

If on skin:	Take off contaminated clothing.

Rinse skin immediately with plenty of water for 15-20 minutes.

Call a poison control center or doctor for treatment advice.

HOT LINE NUMBER

Have the product container or label with you when calling a poison
control center or doctor, or going for treatment. You may also contact
the National Poison Control Hotline at 1-800-222-1222 for emergency
medical treatment information.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

Applicators and other handlers must wear:

long-sleeved shirt and long pants

waterproof gloves

shoes plus socks

Follow manufacturers’ instructions for cleaning/maintaining PPE. If no
such instructions for washables exist, use detergent and hot water. Keep
and wash PPE separately from other laundry.

Mixers/loaders and applicators must wear a dust/mist filtering
respirator meeting NIOSH standards of at least N-95, R-95 or P-95.
Repeated exposures to high concentrations of microbial proteins can
cause allergic sensitization.

Engineering Controls

When handlers use closed systems or enclosed cabs in a manner that meet
the requirements listed in the Worker Protection Standard (WPS) for
agricultural pesticides [40 CFR 170.240(d)(4-6)], the handler PPE
requirements may be reduced or modified as specified in the WPS.

IMPORTANT: When reduced PPE is worn because a closed system is being
used, handlers must provide all PPE specified above for “applicators
and other handlers” and have such PPE immediately available for use in
an emergency, such as a spill or equipment breakdown.

Environmental Hazards

For terrestrial uses: Do not apply directly to water, or to areas where
surface water is present or to intertidal areas below the mean high
water mark. Do not contaminate water when cleaning equipment or
disposing of equipment wash waters or rinsate.

DIRECTIONS FOR USE

It is a violation of Federal law to use this product in a manner
inconsistent with its labeling.

Do not apply this product in a way that will contact workers or other
persons either directly or through drift. Only protected handlers may be
in the area during application. For any requirements specific to your
State or Tribe, consult the State or Tribal agency responsible for
pesticide regulation.

Agricultural Use Requirements

Use this product only in accordance with its labeling and with the
Worker Protection Standard, 40 CFR Part 170. This Standard contains
requirements for the protection of agricultural workers on farms,
forests, nurseries and greenhouses, and handlers of agricultural
pesticides. It contains requirements for training, decontamination,
notification, and emergency assistance. It also contains specific
instructions and exceptions pertaining to the statements on this label
about personal protective equipment (PPE), and restricted entry
intervals (REI). The requirements in this box only apply to uses of this
product that are covered by the Worker Protection Standard.

Do not enter or allow worker entry into treated areas during the
restricted entry interval (REI) of 4 hours unless wearing appropriate
PPE.

PPE required for early entry to treated areas that is permitted under
the Worker Protection Standard and that involves contact with anything
that has been treated, such as plants, soil or water, is:

• Coveralls

• Waterproof gloves

• Shoes plus socks

GENERAL INFORMATION

MADEX Twin acts very specifically against larvae of the apple codling
moth, Cydia pomonella, and the Oriental fruit moth, Grapholita molesta,
as a pre-harvest biological insecticide on pome and stone fruit trees
including apple, quince, pear, peach, nectarine, apricot, plum, cherry,
walnut, almond, pluot, and aprium. After ingestion by the larva, the
virus multiplies within the cells of the host insect causing a fatal
infection. Rapid virus multiplication within the host cells results in
cell destruction and death of the organism, typically within 3-7 days.

Start spraying shortly before larvae hatch from the eggs and before the
larvae feed their way into the fruit. In general, one to two sprays per
generation are generally sufficient. Due to unfavorable weather
conditions, flight, egg laying, and hatching may extend over a longer
period of time and up to 6 applications may be needed.

Frequent applications at low rates may be more effective than one or two
applications at high rates.

Use Restriction

Do not apply this product through any type of irrigation system.

MIXING AND APPLICATION INSTRUCTIONS

Mix MADEX Twin with water and apply as a spray to fruit and foliage of
trees in orchards and nurseries. Use water at or near neutral pH (7).

CROP	RATE	COMMENTS

Pome and Stone fruit trees including apple, quince, pear, peach,
nectarine, apricot, plum, prunes cherry, walnut, almond, pluot, and
aprium 	0.5 - 3.0 fluid ounces per acre, depending on pest pressure and
application frequency.	Select a spray volume appropriate to tree size
and density of foliage. For small trees use 50-100 gallons of water per
acre. Larger trees with denser canopies require 100-200 gallons per
acre.

Consult your local Cooperative Extension Service if you need advice
about how to attain good spray coverage in your orchard.

Make at least two (2) applications of MADEX Twin per codling moth or
Oriental fruit moth larval generation. Target small larvae early in
their life cycle. Repeat as necessary to maintain control. MADEX Twin
breaks down under direct exposure to sunlight. If moths are still flying
and laying eggs, reapply after 6-8 sunny days (counting 2 partially
sunny days as 1 sunny day).

MADEX Twin can be applied up to and including the day of harvest.

STORAGE AND DISPOSAL

Do not contaminate water, food or feed by storage and disposal.

PESTICIDE STORAGE:

Store this product in original sealed container in a cool, dry place
inaccessible to children and pets. Store at temperatures below 41°F
(5°C). Bioactivity may be impaired by storage above 86°F (30°C).
Storing the product under cold or freezing temperatures will extend its
shelf life.

PESTICIDE DISPOSAL:

To avoid wastes, use all material in this container by application
according to label directions. If wastes cannot be avoided, offer
remaining product to a waste disposal facility or pesticide disposal
program (often such programs are run by state or local governments or by
industry).

CONTAINER HANDLING:

Nonrefillable container. Do not reuse or refill this container. Triple
rinse container (or equivalent) promptly after emptying. Triple rinse as
follows: Empty the remaining contents into application equipment or a
mix tank and drain 10 seconds after the flow begins to drip. Fill the
container 1/4 full with water and recap. Shake for 10 seconds. Pour
rinsate into application equipment or a mix tank or store rinsate for
later use or disposal. Drain for 10 seconds after the flow begins to
drip. Repeat this procedure two more times. Then offer for recycling if
available or puncture and dispose of in a sanitary landfill, or by
incineration. Do not burn, unless allowed by State and local ordinances.

WARRANTY

Andermatt Biocontrol AG warrants that the material contained herein
conforms to the description on the label and is reasonably fit for the
purposes referred to in the directions for use. Timing and method of
application, weather, watering practices, nature of soil, the insect
problem, condition of the crop, incompatibility with other chemicals not
specifically recommended and other influencing factors in the use of
this product are beyond the control of the seller. To the extent
consistent with applicable law, buyer assumes all risks of use, storage
or handling of this material not in strict accordance with directions
given herein. To the extent consistent with applicable law, NO OTHER
EXPRESS OR IMPLIED WARRANTY OF THE FITNESS OR MERCHANTABILITY IS MADE.

Sublabel B: Residential Use

MADEX Twin

Biological Insecticide for Control of the Codling Moth and Oriental
Fruit Moth

Active Ingredient*:

Cydia pomonella granulovirus isolate V22	0.06%

Other Ingredients:	99.94%

Total:	100.00%

*Contains a minimum of 3x1013 viral occlusion bodies per liter.

KEEP OUT OF REACH OF CHILDREN

CAUTION

SEE SIDE/INSIDE PANEL FOR ADDITIONAL PRECAUTIONARY STATEMENTS

Net Contents:

Lot No.:

EPA Reg. No. 69553-

EPA Est. No.

Manufactured by: 	Andermatt Biocontrol AG

Stahlermatten 6

CH-6146 Grossdietwil

Switzerland

PRECAUTIONARY STATEMENTS

Hazards To Humans and Domestic Animals

CAUTION. Causes moderate eye and skin irritation. Avoid contact with
skin, eyes or clothing. Wash thoroughly with soap and water after
handling and before eating, drinking, chewing gum, using tobacco, or
using the toilet. Remove and wash contaminated clothing before reuse.
When mixing and applying this product, wear a dust mask. Repeated
exposures to high concentrations of microbial proteins can cause
allergic sensitization.

FIRST AID

If in eyes:	Hold eye open and rinse slowly and gently with water for
15-20 minutes. Remove contact lenses, if present, after the first 5
minutes, then continue rinsing.

Call a poison control center or doctor for treatment advice.

If on skin:	Take off contaminated clothing.

Rinse skin immediately with plenty of water for 15-20 minutes.

Call a poison control center or doctor for treatment advice.

HOT LINE NUMBER

Have the product container or label with you when calling a poison
control center or doctor, or going for treatment. You may also contact
the National Poison Control Hotline at 1-800-222-1222 for emergency
medical treatment information.

ENVIRONMENTAL HAZARDS

To protect the environment, do not allow pesticide to enter or run off
into storm drains, drainage ditches, gutters or surface waters. Applying
this product in calm weather when rain is not predicted for the next 24
hours will help to ensure that wind or rain does not blow or wash
pesticide off the treatment area. Rinsing application equipment over the
treated area will help avoid run off to water bodies or drainage
systems.

DIRECTIONS FOR USE

It is a violation of Federal law to use this product in a manner
inconsistent with its labeling.

GENERAL INFORMATION

MADEX Twin acts very specifically against larvae of the apple codling
moth, Cydia pomonella, and the Oriental fruit moth, Grapholita molesta,
as a pre-harvest biological insecticide on pome and stone fruit trees
including apple, quince, pear, peach, nectarine, apricot, plum, cherry,
walnut, almond, pluot, and aprium. After ingestion by the larva, the
virus multiplies within the cells of the host insect causing a fatal
infection. Rapid virus multiplication within the host cells results in
cell destruction and death of the organism, typically within 3-7 days.

Start spraying shortly before larvae hatch from the eggs and before the
larvae feed their way into the fruit. In general, one to two sprays per
generation are generally sufficient. Due to unfavorable weather
conditions, flight, egg laying, and hatching may extend over a longer
period of time and up to 6 applications may be needed.

Use Restrictions

For use only on pome and stone fruit trees in residential settings. Not
for use on trees or fruit grown for sale or other commercial use.

MIXING AND APPLICATION INSTRUCTIONS

MADEX Twin must be mixed with water and applied as a spray to the fruit
and foliage of pome and stone fruit trees (apple, quince, pear, peach,
nectarine, apricot, plum, cherry, walnut, and almond).

Mix 1/2 teaspoon of MADEX Twin per 5 gallons of water and apply directly
to each tree using a hand pump sprayer or other suitable spray
equipment. Spray a sufficient volume to thoroughly wet all leaves and
fruit with minimal run-off or dripping.

Apply MADEX Twin first in late spring or early summer, when eggs of the
first generation of codling moth or Oriental fruit moth begin to hatch.
Apply MADEX Twin at least twice during each larval generation. When pest
pressure persists, make additional applications of MADEX Twin in mid- to
late summer. Consult your local Cooperative Extension Service for more
information about the best timing of codling moth and Oriental fruit
moth sprays.

MADEX Twin breaks down under direct exposure to-sunlight. If moths are
still flying and laying eggs, reapply after 6-8 sunny days (counting 2
partially sunny days as 1 sunny day).

STORAGE AND DISPOSAL

Do not contaminate water, food, or feed by storage and disposal.

PESTICIDE STORAGE:

Keep in original container. Store away from direct sunlight, feed, or
foodstuffs. Keep container tightly sealed when not in use. Store at
temperatures below 41°F (5°C). Bioactivity may be impaired by storage
above 86°F (30°C). Storing the product under cold or freezing
temperatures will extend its shelf life.

PESTICIDE DISPOSAL AND CONTAINER HANDLING:

Non-refillable container. Do not reuse or refill container.

If empty:

Place in trash or offer for recycling, if available.

If partly filled:

Call your local solid waste agency for disposal instructions. Never
place unused product down any indoor or outdoor drain.

WARRANTY

Andermatt Biocontrol AG warrants that the material contained herein
conforms to the description on the label and is reasonably fit for the
purposes referred to in the directions for use. Timing and method of
application, weather, watering practices, nature of soil, the insect
problem, condition of the crop, incompatibility with other chemicals not
specifically recommended and other influencing factors in the use of
this product are beyond the control of the seller. To the extent
consistent with applicable law, buyer assumes all risks of use, storage
or handling of this material not in strict accordance with directions
given herein. To the extent consistent with applicable law, NO OTHER
EXPRESS OR IMPLIED WARRANTY OF THE FITNESS OR MERCHANTABILITY IS MADE.

Master Label

Page   PAGE  8  of   NUMPAGES   10

Dec. 4, 2012

USER SAFETY RECOMMENDATIONS

Users should wash hands before eating, drinking, chewing gum, using
tobacco or using the toilet. Remove PPE immediately after handling this
product. Wash the outside of gloves before removing. As soon as
possible, wash thoroughly and change into clean clothing.


[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Rules and Regulations]
[Pages 31943-31945]
[FR Doc No: 2022-11209]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0888; Project Identifier MCAI-2021-00676-T;
Amendment 39-22036; AD 2022-09-16]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A318 series; A319-111, -112, -113, -114, -115,
-131, -132, -133, -151N, and -153N; A320 series; and A321 series
airplanes. This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This AD requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 30, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 30,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0888.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0888; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
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: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0140, dated June 14, 2021 (EASA
AD 2021-0140) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus A318-111, A318-112, A318-121, A318-122, A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-
133, A319-151N, A319-153N, A320-211, A320-212, A320-214, A320-215,
A320-216, A320-231, A320-232, A320-233, A320-251N, A320-252N, A320-
253N, A320-271N, A320-272N, A320-273N, A321-111, A321-112, A321-131,
A321-211, A321-212, A321-213, A321-231, A321-232, A321-251N, A321-
251NX, A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-
271NX, A321-272N, and A321-272NX airplanes. Model A320-215 airplanes
are not certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A318 series; A319-111, -112, -113, -114, -115, -131, -132, -133,
-151N, and -153N; A320 series; and A321 series airplanes. The NPRM
published in the Federal Register on October 28, 2021 (86 FR 59662).
The NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in EASA AD 2021-0140.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA) and American Airlines. The ALPA supported the NPRM
without change. The following presents the comment received on the NPRM
and the FAA's response.

Request To Revise Paragraph To Correct Task Reference Error

    American Airlines (AAL) requested a change in paragraph (j) of the
proposed AD to correct an incorrect task reference. AAL stated that
incorporating Task 531135-03-1 actually terminates Task 531135-01-2, as
determined by Airworthiness Limitations Section (ALS) Part 2, Variation
8.5, not Task 531135-03-2, as indicated in the proposed AD.
    The FAA agrees with the request and has revised paragraph (j) of
this AD to indicate the correct task number.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0140 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 1,728 airplanes of U.S.
registry.

The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2022-09-16 Airbus SAS: Amendment 39-22036; Docket No. FAA-2021-0888;
Project Identifier MCAI-2021-00676-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 30, 2022.

(b) Affected ADs

    This AD affects AD 2020-20-05, Amendment 39-21261 (85 FR 65197,
October 15, 2020) (AD 2020-20-05).

(c) Applicability

    This AD applies to Airbus SAS Model airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before November 10,
2020.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0140, dated June 14, 2021 (EASA AD 2021-0140).

(h) Exceptions to EASA AD 2021-0140

    (1) Where EASA AD 2021-0140 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The provisions specified in paragraphs (1) and (2) of EASA
AD 2021-0140 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0140 specifies revising ``the
approved [aircraft maintenance program] AMP'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0140 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0140, or within 90 days after the effective date of
this AD, whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0140 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0140 does not apply
to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2021-0140.

(j) Terminating Action for Certain Requirements in AD 2020-20-05

    Accomplishing the actions required by this AD, including
incorporating Task 531135-03-1 as required by EASA AD 2021-0140 and
incorporated by reference in this AD, terminates Task 531135-01-2,
as required by EASA AD 2020-0036R1 and incorporated by reference in
AD 2020-20-05, and as required by paragraph (i) of AD 2020-20-05.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 39.19, send
your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions

from a manufacturer, the instructions must be accomplished using a
method approved by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(l) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0140,
dated June 14, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0140, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 22, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11209 Filed 5-25-22; 8:45 am]
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