[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Proposed Rules]
[Pages 65493-65496]
[FR Doc No: E9-29457]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1158; Directorate Identifier 2009-CE-063-AD]
RIN 2120-AA64

Airworthiness Directives; PILATUS AIRCRAFT LTD. Model PC-12/47E
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 the
products listed above that would supersede an existing AD. 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:

    Field reports have indicated that the possibility exists that
both Primary Flight Displays (PFDs) could indicate a roll attitude
offset of up to 10 degrees in the same direction if an accelerated
turn onto the active runway is performed immediately followed by
take-off. In addition, annunciated heading splits have been
reported. This condition has been reported to correct itself after
several minutes.
    Additionally, if the aeroplane is operating in geographical
latitudes with low horizontal magnetic field strength, incorrect
heading may be displayed if the ADAHRS switches from GPS track to
magnetometer heading while the aeroplane is on the ground.
    This situation, if not corrected, could result in an undesired
bank angle, heading splits and/or incorrect heading, which would
constitute an unsafe condition.

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

DATES: We must receive comments on this proposed AD by January 25,
2010.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this 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: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1158;
Directorate Identifier 2009-CE-063-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

    On April 8, 2009, we issued AD 2009-08-10, Amendment 39-15883 (74
FR 17384, April 15, 2009). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 2009-08-10, an updated air data, attitude, and
heading reference system version with improved software was developed.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2009-0249, dated November 20, 2009 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Field reports have indicated that the possibility exists that
both Primary Flight Displays (PFDs) could indicate a roll attitude
offset of up to 10 degrees in the same direction if an accelerated
turn onto the active runway is performed immediately followed by
take-off. In addition, annunciated heading splits have been
reported. This condition has been reported to correct itself after
several minutes.
    Additionally, if the aeroplane is operating in geographical
latitudes with low horizontal magnetic field strength, incorrect
heading may be displayed if the ADAHRS switches from GPS track to
magnetometer heading while the aeroplane is on the ground.
    This situation, if not corrected, could result in an undesired
bank angle, heading splits and/or incorrect heading, which would
constitute an unsafe condition.
    As a short-term interim measure, AD 2009-0028-E has been
released in February 2009 to limit at 30[deg] the bank angle during
climb. Afterwards, as a result of the ongoing investigation, the
problem has been temporarily addressed with some limitations in the
take-off procedure. These limitations have been mandated by AD 2009-
0080-E which superseded AD 2009-0028-E.
    In order to terminate the operational limitations, an updated
ADAHRS version with improved software was developed.
    For the reasons described above this AD supersedes AD 2009-0080-
E and mandates as a terminating action either an update of the
ADAHRS software or the replacement of the ADAHRS unit. From MSN 1181
and subsequent an improved ADAHRS unit was implemented during
production.

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

Relevant Service Information

    PILATUS AIRCRAFT LTD. has issued PILATUS PC-12 Service Bulletin No:
34-022, dated October 5, 2009. Honeywell International Inc. has issued
Service Bulletin KSG 7200-34-09, Revision 0, dated September 24, 2009.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

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.

Differences Between This Proposed AD and the MCAI or Service
Information

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

Costs of Compliance

    We estimate that this proposed AD will affect 50 products of U.S.
registry. We also estimate that it would take about 6 work-hours per
product to

comply with the basic requirements of this proposed AD. The average
labor rate is $80 per work-hour. Required parts would cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $24,000, or $480 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15883 (74 FR
17384, April 15, 2009), and adding the following new AD:

PILATUS AIRCRAFT LTD.: Docket No. FAA-2009-1158; Directorate
Identifier 2009-CE-063-AD.

Comments Due Date

    (a) We must receive comments by January 25, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-08-10, Amendment 39-15883.

Applicability

    (c) This AD applies to Models PC-12/47E airplanes, all
manufacturer serial numbers (MSN), certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 34:
Navigation.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Field reports have indicated that the possibility exists that
both Primary Flight Displays (PFDs) could indicate a roll attitude
offset of up to 10 degrees in the same direction if an accelerated
turn onto the active runway is performed immediately followed by
take-off. In addition, annunciated heading splits have been
reported. This condition has been reported to correct itself after
several minutes.
    Additionally, if the aeroplane is operating in geographical
latitudes with low horizontal magnetic field strength, incorrect
heading may be displayed if the ADAHRS switches from GPS track to
magnetometer heading while the aeroplane is on the ground.
    This situation, if not corrected, could result in an undesired
bank angle, heading splits and/or incorrect heading, which would
constitute an unsafe condition.
    As a short-term interim measure, AD 2009-0028-E has been
released in February 2009 to limit at 30[deg] the bank angle during
climb. Afterwards, as a result of the ongoing investigation, the
problem has been temporarily addressed with some limitations in the
take-off procedure. These limitations have been mandated by AD 2009-
0080-E which superseded AD 2009-0028-E.
    In order to terminate the operational limitations, an updated
ADAHRS version with improved software was developed.
    For the reasons described above this AD supersedes AD 2009-0080-
E and mandates as a terminating action either an update of the
ADAHRS software or the replacement of the ADAHRS unit.
    From MSN 1181 and subsequent an improved ADAHRS unit was
implemented during production.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For MSN 545 and MSN 1001 through MSN 1180, before further
flight after April 20, 2009 (the effective date of AD 2009-08-10),
incorporate PILATUS AIRCRAFT LTD. Temporary Revision No. 11 to PC-
12/47E Pilot's Operating Handbook (POH), Report No. 02277, dated
March 18, 2009, into the Pilatus PC-12/47E POH. The owner/operator
holding at least a private pilot certificate as authorized by
section 43.7 of the Federal Aviation Regulations 14 CFR 43.7 may do
this action. Make an entry in the aircraft records showing
compliance with this portion of the AD following 14 CFR 43.9.
    (2) For MSN 545 and MSN 1001 through MSN 1180, within 180 days
after the effective date of this AD:
    (i) Update the air data, attitude, and heading reference system
(ADAHRS) software following the accomplishment instructions of
Honeywell International Inc. Service Bulletin KSG 7200-34-09,
Revision 0, dated September 24, 2009; or
    (ii) Replace ADAHRS unit KSG 7200 Honeywell Part Number (P/N)
065-00188-5102, Software Version MOD 02/02 (Pilatus P/N
9<IP_ADDRESS>) with a new ADAHRS unit with Honeywell P/N 065-00188-
5103 (Pilatus P/N 9<IP_ADDRESS>) following the accomplishment
instructions of PILATUS AIRCRAFT LTD. PILATUS PC-12 Service Bulletin
No: 34-022, dated October 5, 2009.
    (3) For MSN 545 and 1001 through 1180, before further flight
after the actions required by paragraph (f)(2) of this AD, remove
PILATUS AIRCRAFT LTD. Temporary Revision No. 11 to PC-12/47E Pilot's
Operating Handbook, Report No. 02277, dated March 18, 2009.
    (4) Do not install an ADAHRS unit with Honeywell P/N 065-00188-
5102 (Pilatus P/N 9<IP_ADDRESS>) on any affected Model PC-12/47E
airplane, as follows:
    (i) For MSN 545 and 1001 through 1180 airplanes, as of 180 days
after the effective date of this AD; and
    (ii) For all other MSNs, as of the effective date of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office,

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: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2009-0249, dated November 20, 2009, PILATUS AIRCRAFT LTD. Temporary
Revision No. 11 to PC-12/47E Pilot's Operating Handbook, Report No.
02277, dated March 18, 2009; Honeywell International Inc. Service
Bulletin KSG 7200-34-09, Revision 0, dated September 24, 2009; and
PILATUS AIRCRAFT LTD. PILATUS PC-12 Service Bulletin No: 34-022,
dated October 5, 2009, for related information.

    Issued in Kansas City, Missouri, on December 4, 2009.
William Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-29457 Filed 12-9-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Rules and Regulations]
[Page 19986-19989]
[DOCID:fr14ap08-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29062; Directorate Identifier 2007-NM-020-AD;
Amendment 39-15462; AD 2008-08-10]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. For certain airplanes, this AD requires replacing the
outboard stabilizing fitting and certain adjacent components of the
main landing gear (MLG) support beam. This AD also requires repetitive
inspections for discrepancies of the outboard stabilizing fitting,
walking beam hanger, and rear spar attachment, and corrective actions
if necessary. For certain airplanes, this AD provides an alternative
one-time inspection of the outboard stabilizing fitting for
discrepancies, and corrective actions if necessary, which would extend
the compliance time for the replacement of the outboard stabilizing
fitting. For certain other airplanes, this AD also requires performing
a torque check of the aft pin of the outboard stabilizing fitting, and
corrective actions if necessary. This AD results from reports of
findings of fatigue cracking of the outboard stabilizing fitting and
stress corrosion cracking of the bolts attaching the fitting to the
wing rear spar. We are issuing this AD to detect and correct that
cracking, which could result in disconnection of the MLG actuator from
the rear spar and support beam, consequent damage to the hydraulic
system, and possible loss of the ``A'' and ``B'' hydraulic systems and
damage or jamming of the flight control cables. Damage or jamming of
the flight control cables could result in loss of control of the
airplane.

DATES: This AD is effective May 19, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 19, 2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington
98124-2207.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. That NPRM was published in the Federal Register on August
31, 2007 (72 FR 50278). For certain airplanes, that NPRM proposed to
require replacing the outboard stabilizing fitting and certain adjacent
components of the main landing gear (MLG) support beam. That NPRM also
proposed to require repetitive inspections for discrepancies of the
outboard stabilizing fitting, walking beam hanger, and rear spar
attachment, and corrective actions if necessary. For certain airplanes,
that NPRM proposed to provide an alternative one-time inspection of the
outboard stabilizing fitting for discrepancies and corrective actions
if necessary, which would extend the compliance time for the
replacement of the outboard stabilizing fitting. For certain other
airplanes, that NPRM proposed to require performing a torque check of
the aft pin of the outboard stabilizing fitting, and corrective actions
if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the commenters.

Request To Change the Description of the Unsafe Condition

    Boeing asks that we change the description of the unsafe condition
specified in the Summary and Discussion sections and in paragraph (d)
of the AD. Boeing states that, Model 737-100, -200, -300, -400, and -
500 airplanes are equipped with ``A'' and ``B'' hydraulic systems, and
an additional standby hydraulic system. Boeing notes that fracture or
disconnect of any of the structural parts specified in Boeing Alert
Service Bulletin 737-57A1266, Revision 1, dated January 3, 2007
(referenced in the NPRM as the source of service information for
accomplishing the actions), could result in damage to the ``A'' and
``B'' hydraulic system tubes and damage or jamming of the flight
control cables. Boeing adds that the standby hydraulic system is
protected from any damage from a fracture or disconnect of any of the
structural parts because it is not in the affected area. Additionally,
Boeing states that if the ``A'' and ``B'' hydraulic systems fail, the
standby system and manual reversion enable control of the airplane.
Therefore, Boeing asks that the description of the unsafe condition be
changed as follows: We are issuing this AD to detect and correct that
cracking, which could result in disconnection of the MLG actuator from
the rear spar and support beam, and consequent damage to the hydraulic
system, and possible loss of the ``A'' and ``B'' hydraulic systems and
damage or jamming of the flight control cables. Damage or jamming of
the flight control cables could lead to a possible loss of control of
the airplane.
    We agree with Boeing and have changed the description of the unsafe
condition in the referenced sections as follows: ``We are issuing this
AD to detect and correct that cracking, which could result in
disconnection of the MLG actuator from the rear spar and support beam,
consequent damage to the hydraulic system, and possible loss of the
``A'' and ``B'' hydraulic systems and damage or jamming of the flight
control cables. Damage or jamming of the flight control cables could
result in loss of control of the airplane.'' However, the Discussion
section is not restated in the final rule; therefore, we have made no
change to the AD in this regard.

Request To Clarify Certain Language

    Boeing asks that the term ``titanium pin,'' as specified in the
Relevant Service Information section, be changed to ``new pin.'' Boeing
states that the new forward fuse pin is made from 15-5PH CRES stainless
steel. Boeing also asks that the word ``components,'' also specified in
the Relevant Service Information section, be changed to ``fuse pin'' to
avoid ambiguity or possible confusion.
    We agree with Boeing that its suggested changes clarify the
language; however, the Relevant Service Information section is not
restated in the final rule. In addition, it is not necessary to further
change the body of the AD because we already required ``new
components'' for replacement parts. Therefore, we have made no change
to the AD in this regard.

Request To Extend Compliance Time

    Air Transport Association (ATA), on behalf of one of its members,
United Airlines (UAL), asks that the compliance period for paragraphs
(g) and (h) of the AD be changed from 36 to 48 months to align with
UAL's Model 737 heavy maintenance visit. The commenters' state that the
work defined in the NPRM will require jacking and defueling of the
aircraft, and extensive disassembly of the landing gear. The commenters
add that these activities are conducive to depot-level maintenance
only; the UAL heavy maintenance visit is done on a 48-month cycle.
    We do not agree with the requests to revise the compliance time
from 36 to 48 months. In Boeing Alert Service Bulletin 737-57A1266,
Revision 1, dated January 3, 2007, the manufacturer recommended that
the actions be done within 36 months after the release of the service
bulletin. In developing an appropriate compliance time for this AD, we
considered the serious nature of the unsafe condition as well as the
recommendations of the manufacturer, the availability of any necessary
repair parts, and the practical aspect of accomplishing the required
inspection within an interval of time that corresponds to the normal
maintenance schedules of most affected operators. In light of these
factors, we have determined that the 36-month compliance time, as
proposed, is appropriate. We do not find it necessary to change the AD
in this regard. However, under the provisions of paragraph (p) of the
AD, we will consider approving requests for adjustments to the
compliance time if data are submitted to substantiate that such an
adjustment would provide an acceptable level of safety.

Clarification of Paragraph Reference

    We have changed the paragraph reference in paragraph (n) of the
NPRM for clarification. Paragraph (n) specifies that accomplishment of
the replacement of the tube assembly before the effective date of this
AD is acceptable for compliance with the replacement specified in
paragraph (l) of the NPRM; however, the correct reference is paragraph
(m) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 3,130 airplanes of the affected design in the
worldwide fleet. This AD affects about 1,380 airplanes of U.S.
registry.
    For all airplanes: The replacement takes between 20 and 24 work
hours per airplane to do, depending on the airplane's configuration, at
an average labor rate of $80 per work hour. Required parts will cost
between $3,658 and $4,272 per airplane, depending on the airplane's
configuration. Based on these figures, the estimated cost of the
replacement is estimated to be up to between $7,256,040 and $8,544,960,
or between $5,258 and $6,192 per airplane, depending on the airplane's
configuration.
    For Groups 1 through 8 airplanes: The alternative inspection, if
done, takes about 12 work hours per airplane to do, at an average labor
rate of $80 per work hour. Based on these figures, the estimated cost
of the alternative inspection is estimated to be up to $1,324,800, or
$960 per airplane.
    For Group 9 airplanes: The general visual inspection takes about 2
work hours per airplane to do, at an average labor rate of $80 per work
hour. Based on these figures, the estimated cost of the general visual
inspection is estimated to be up to $220,800, or $160 per airplane.
    For Groups 1 through 5 airplanes that had steel pins replaced per
the original issue of the service bulletin: The torque check takes
about 7 work hours per airplane to do, at an average labor rate of $80
per work hour. Based on these figures, the estimated cost of the torque
check is estimated to be up to $772,800, or $560 per airplane.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-08-10 Boeing: Amendment 39-15462. Docket No. FAA-2007-29062;
Directorate Identifier 2007-NM-020-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 19, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Model 737-100, -200, -200C, -300, -
400, and -500 series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports of findings of fatigue cracking
of the outboard stabilizing fitting and stress corrosion cracking of
the bolts attaching the fitting to the wing rear spar. We are
issuing this AD to detect and correct that cracking, which could
result in disconnection of the MLG actuator from the rear spar and
support beam, consequent damage to the hydraulic system, and
possible loss of the ``A'' and ``B'' hydraulic systems and damage or
jamming of the flight control cables. Damage or jamming of the
flight control cables could result in loss of control of the
airplane.

Compliance

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

Service Bulletin Reference

    (f) The term ``alert service bulletin'' as used in this AD,
means the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-57A1266, Revision 1, dated January 3, 2007.

Replacement/Repetitive Inspections

    (g) For airplanes identified as Groups 1 through 8, as specified
in the alert service bulletin, except as provided by paragraphs (h)
and (k) of this AD: Within 36 months after the effective date of
this AD, replace the outboard stabilizing fitting, H-11 bolts,
forward pin, and aft pin, as applicable, with new components by
doing all the applicable actions in accordance with Part II of the
alert service bulletin, except as provided by paragraph (j) of this
AD. Within 120 months after accomplishing the replacement, do a
general visual inspection for discrepancies of the outboard
stabilizing fitting, walking beam hanger, and rear spar attachment
fitting, and do all applicable corrective actions, by doing all the
actions, except as provided by paragraph (j) of this AD, in
accordance with Part V of the alert service bulletin. Do all
corrective actions before further flight. Repeat the inspection at
intervals not to exceed 120 months.

Alternative Inspection

    (h) For airplanes identified as Groups 1 through 8, as specified
in the alert service bulletin, on which the existing H-11 bolts were
replaced before the effective date of this AD with Inconel 718
bolts, in lieu of doing the actions required by paragraph (g) of
this AD: Within 4,500 flight cycles or 36 months after the effective
date of this AD, whichever is later, do a magnetic test of the
attach bolts in accordance with the alert service bulletin. If any
bolt is magnetic, discontinue the alternative inspection specified
in the alert service bulletin and accomplish the actions required by
paragraph (g) before further flight. If none of the bolts are
magnetic, do all the applicable actions in accordance with Part I of
the alert service bulletin before further flight.
    (1) If any crack is found: Stop the inspection and before
further flight do the actions required by paragraph (g) of this AD.
Repetitive inspections must be done after replacing the fitting at
the interval specified in paragraph (g) of this AD.
    (2) If no crack is found: Before further flight, replace the
forward pin and aft pin, as applicable, in accordance with the alert
service bulletin, and within 60 months after the effective date of
this AD, do the remaining replacement required by paragraph (g) of
this AD. Repetitive inspections must be done after replacing the
fitting at the interval specified in paragraph (g) of this AD.
    (3) If damage other than cracking is found, or if the fitting
lug hole is beyond hole size limits, before further flight, repair
using a method approved in accordance with the procedures specified
in paragraph (p) of this AD.

General Visual Inspection

    (i) For airplanes identified as Group 9, as specified in the
alert service bulletin: Within 36 months or 4,500 flight cycles
after the effective date of this AD, whichever occurs later, do a
general visual inspection of the outboard stabilizing fitting and
fasteners for discrepancies, and do all applicable corrective
actions in accordance with Part IV of the alert service bulletin,
except as provided by paragraphs (j) and (k) of this AD. Within 120
months after the inspection specified in Part IV has been done, do a
general visual inspection for discrepancies of the outboard
stabilizing fitting, walking beam hanger and rear spar attachment
fitting in accordance with Part V of the alert service bulletin, and
do all applicable corrective actions in accordance with Part V of
the alert service bulletin, except as provided by paragraphs (j) and
(k). Do all applicable corrective actions before further flight.
Repeat the Part V inspection at intervals not to exceed 120 months.

Exceptions To Alert Service Bulletin Specifications

    (j) During any inspection required by this AD, if any corrosion
damage is found that cannot be removed, or if any damage is found
that is outside the limits specified in the alert service bulletin,
or if any discrepancy is found and the alert service bulletin
specifies contacting the manufacturer for disposition of certain
repair conditions: Before further flight, repair using a method
approved in accordance with the procedures specified in paragraph
(p) of this AD.
    (k) Certain sections in Parts I, II, and V of the alert service
bulletin specify ``For 737-100 and -200 airplanes'' and ``For 737-
300 and -500 airplanes.'' However, those sections are applicable to
Model 737-100, -200, and -200C airplanes, and Model 737-300, -400,
and -500 airplanes, respectively.

Torque Check

    (l) For airplanes identified as Groups 1 through 5, as specified
in the alert service bulletin, on which the aft pin of the aft
outboard stabilizing fitting was replaced before the effective date
of this AD, in accordance with Boeing Alert Service Bulletin 737-
57A1266, dated May 8, 2003: Within 36 months after the effective
date of this AD, do a torque check to determine whether the aft pin
is correctly installed. Do all applicable corrective actions before
further flight. Do the actions in accordance with Part III of the
alert service bulletin.

Concurrent Requirements

    (m) For airplanes identified as Groups 1 and 3, as specified in
the alert service bulletin: Prior to or concurrently with
accomplishment of paragraph (g) of this AD, do the replacement of
the existing tube assembly of the outboard stabilizing fitting as
specified in Part IV of Boeing Service Bulletin 737-57-1052,
Revision 4, dated October 24, 1980.

Credit for Previously Accomplished Actions

    (n) Replacement of the tube assembly before the effective date
of this AD in accordance with Boeing Service Bulletin 737-57-1073,
Revision 4, dated April 12, 1985, is acceptable for compliance with
the replacement specified in paragraph (m) of this AD.
    (o) For Groups 1 through 4, as specified in the alert service
bulletin: Replacement of the H-11 bolts for the inboard stabilizing
fitting before the effective date of this AD, in accordance with
Boeing Service Bulletin 737-57-1231, dated December 1, 1994, is
acceptable for compliance with the replacement of the H-11 bolts
specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (p)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the

certification basis of the airplane and the approval must
specifically refer to this AD.

Material Incorporated by Reference

    (q) You must use Boeing Alert Service Bulletin 737-57A1266,
Revision 1, dated January 3, 2007; and Boeing Service Bulletin 737-
57-1052, Revision 4, dated October 24, 1980; as applicable; to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-7561 Filed 4-11-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Rules and Regulations]
[Page 36538-36546]
[DOCID:fr28jn10-9]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2009-0708; FRL-9161-9]

Arkansas: Final Authorization of State-initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: During a review of Arkansas' regulations, the EPA identified a
variety of State-initiated changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). We have determined
that these changes are minor and satisfy all requirements needed to
qualify for Final authorization and are authorizing the State-initiated
changes through this direct Final action. In addition, this document
corrects technical errors made in the April 24, 2002, and August 15,
2007, Federal Register authorization documents for Arkansas.
    The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Arkansas hazardous waste
management program and incorporates by reference authorized provisions
of the State's statutes and regulations.

DATES: This regulation is effective August 27, 2010, unless the EPA
receives adverse written comment on this regulation by the close of
business July 28, 2010. If the EPA receives such comments, it will
publish a timely withdrawal of this direct final rule in the Federal
Register informing the public that this rule will not take effect. The
Director of the Federal Register approves this incorporation by
reference as of August 27, 2010, in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2009-0708, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2 E-mail<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2009-0708. EPA's policy is that all comments received will be included
in the public docket without change, including personal information
provided, unless the comment includes information claimed to be
Confidential Business Information 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
e-mail. The Federal http://www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to the EPA without
going through http://www.regulations.gov, your e-mail 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, the 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 the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
    You can view and copy the documents that form the basis for this

authorization and codification and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, phone number<PHONE_NUMBER>. Interested persons wanting to
examine these documents should make an appointment with the office at
least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, and Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, Phone numbers:<PHONE_NUMBER>, and<PHONE_NUMBER>. E-mail
address<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

A. Why are revisions to state programs necessary?

    States which have received Final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste programs may
be necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, States
must change their programs because of changes to the EPA's regulations
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268,
270, 273 and 279. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Arkansas' revisions to its authorized program meet
all of the statutory and regulatory requirements established by RCRA.
We found that the State-initiated changes make Arkansas' rules more
clear or conform more closely to the Federal equivalents and are so
minor in nature that a formal application is unnecessary. Therefore, we
grant Arkansas final authorization to operate its hazardous waste
program with the changes described in the table at Section G below.
Arkansas has responsibility for permitting Treatment, Storage, and
Disposal Facilities (TSDFs) within its borders (except in Indian
Country) and for carrying out all authorized aspects of the RCRA
program, subject to the limitations of the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New Federal requirements and prohibitions
imposed by Federal regulations that EPA promulgates under the authority
of HSWA take effect in authorized States before they are authorized for
the requirements. Thus, the EPA will implement those requirements and
prohibitions in Arkansas, including issuing permits, until the State is
granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Arkansas subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Arkansas has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses,
or reports;
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the statutes and regulations for which
Arkansas is being authorized by today's action are already effective
and are not changed by today's action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the Proposed Rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization or the
incorporation-by-reference of the State program, we will withdraw this
rule by publishing a timely document in the Federal Register before the
rule becomes effective. The EPA will base any further decision on the
authorization of the State program changes, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will
then address all public comments in a later final rule. If you want to
comment on this authorization and incorporation-by-reference, you must
do so at this time. You may not have another opportunity to comment. If
we receive comments that oppose only the authorization of a particular
change to the State hazardous waste program or the incorporation-by-
reference of the State program, we may withdraw only that part of this
rule, but the authorization of the program changes or the
incorporation-by-reference of the State program that the comments do
not oppose will become effective on the date specified above. The
Federal Register withdrawal document will specify which part of the
authorization or incorporation-by-reference of the State program will
become effective and which part is being withdrawn.

F. For what has Arkansas previously been authorized?

    Arkansas initially received final authorization on January 25, 1985
(50 FR 1513), to implement its Base Hazardous Waste Management program.
Arkansas received authorization for revisions to its program on January
11, 1985 (50 FR 1513), effective January 25, 1985; March 27, 1990 (55
FR 11192), effective May 29, 1990; September 18, 1991 (56 FR 47153),
effective November 18, 1991; October 5, 1992 (57 FR 45721), effective
December 4, 1992; October 7, 1994 (59 FR 51115), effective December 21,
1994; April 24, 2002 (67 FR 20038), effective June 24, 2002; and August
15, 2007 (72 FR 45663), effective October 15, 2007.

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table
which follows. These amendments clarify the State's regulations and
make the State's regulations more internally consistent. The State's
laws and regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than the Federal laws
and regulations. These State-initiated changes satisfy the requirements
of 40 CFR 271.21(a). We are granting Arkansas final authorization to
carry out the following provisions of the State's program in lieu of
the Federal program. These

provisions are analogous to the indicated RCRA statutory provisions or
RCRA regulations found at 40 CFR as of July 1, 2005. The Arkansas
provisions are from the Arkansas Pollution Control and Ecology
Commission Regulation No. 23, Hazardous Waste Management, as amended
December 9, 2005, effective March 23, 2006.

------------------------------------------------------------------------
           State requirement              Analogous federal requirement
------------------------------------------------------------------------
260.10 ``director''....................  No Federal Analog.
260.10 ``EPA identification number''...  260.10 ``EPA identification
                                          number''.
260.10 ``Solid waste management unit''   No Federal analog.
 or ``SWMU''''.
260.20(b) intro........................  260.20(b) intro.
260.20(b)(3)...........................  260.20(b)(3).
260.20(c)-(f)..........................  260.20(c)-(e) related.
261.5(b)...............................  261.5(b).
261.8..................................  261.8.
262.13(f)..............................  No Federal analog.
262.24(a)..............................  No Federal analog.
262.35(a) except (a)(2)................  261.5 related.
262.35(b)..............................  261.5(f)(3)&(g)(3) related.
264.75 intro...........................  264.75 intro.
264.75(h)..............................  264.75 related.
264.75(i)..............................  264.75 related.
264.141(f) ``completed fiscal year''...  264.141(f) related.
264.143(e)(1)..........................  264.143(e)(1).
264.143(f)(3)(iv)......................  264.143(f) related.
264.145(e).............................  264.145(e).
264.145(f)(3)(iv)......................  264.145(f) related.
264.147(a)(1)..........................  264.147(a)(1).
264.147(b)(1)(ii)......................  264.147(b)(1)(ii).
264.147(f)(3)(iv)......................  264.147(f) related.
264.175(b)(2)..........................  264.175 related.
264.314(d) & (f).......................  264.314(d) & (f).
264.601(d) & (e).......................  No Federal analog.
265.75 intro...........................  265.75 intro.
265.75(h)..............................  265.75(f).
265.75(i)..............................  265.75 related.
265.110(b)(5)..........................  No Federal analog.
265.141(f) ``completed fiscal year''...  265.141(f) related.
265.143(d)(1)..........................  265.143(d)(1).
265.143(e)(3)(iv)......................  265.143(e) related.
265.145(e)(3)(iv)......................  265.145(e) related.
265.147(f)(3)(iv)......................  265.147(f) related.
265.314(c) & (e).......................  265.314(c) & (e).
270.7(b)...............................  270.14 related.
270.7(g)...............................  124.10(c)(4) related.
270.7(h)(8)............................  124.10(b) & (c), 124.11 and
                                          124.12(a).
270.10(e)(1)...........................  270.10 related.
270.10(e)(7)...........................  No Federal analog; Related to:
                                          264.70, 264/265.140(a),
                                          270.70, 270.30.
270.10(l)(1) intro.....................  No Federal analog.
270.13(j)..............................  270.13(j).
270.13(o)..............................  No Federal Analog.
270.14(b)(7)...........................  270.14 (b)(7) and 270.14(b)
                                          related.
270.34.................................  No Federal analog.
270.70(a)..............................  270.70(a) and (c).
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and
those permits issued by the EPA because no new substantive requirements
are a part of these revisions.

I. How does this action affect Indian country (18 U.S.C. 1151) in
Arkansas?

    Arkansas is not authorized to carry out its Hazardous Waste Program
in Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.

II. Technical Corrections

    The following technical corrections are made to the April 24, 2002
(67 FR 20038) and August 15, 2007 (72 FR 45663) Arkansas authorization
Federal Register documents. There are two types of corrections being
made (the corrections have been italicized). The first type includes
additions or corrections to the list of State citations for Checklist
entries that were actually included in the published Federal Register
documents The second type of correction is the addition of entire
Checklist entries for the following Federal requirements which were
inadvertently omitted from the original authorization tables.
     Land Disposal Restrictions--Phase IV--Mineral Processing
Secondary Materials Exclusion, [63 FR 28556] May 26, 1998.
     Hazardous Air Pollutant Standards for Combustors [64 FR
52828-53077, September 30, 1999 as amended November 19, 1999, at 64 FR
63209-63213.].
     Methods Innovation Rule and SW-846 Final Update IIIB [70
FR 34538-34592, June 14, 2005, as amended August 1, 2005; 70 FR 44150-
44151].

A. Corrections to the April 24, 2002 (67 FR 20038) Authorization
Document

    1. In the entry for Checklist 107, the citation ``261.4(b)(15)'' is
corrected to read ``261.4(b)(13)''.
    2. In the entry for Checklist 109, add 268.46, 268, Appendix II.
    3. In the entry for Checklist 110:
     The citation ``261.4(a)(1)'' is corrected to read
``261.4(a)(10)''.
     The citation ``261, Appendix VIII'' is corrected to read
``261, Appendix VII''.
    4. In the entry for Checklist 114, add 266.103(c)(1)(xi)
introductory paragraph.
    5. In the entry for Checklist 118, add 265.316(b) and (c).
    6. In the entry for Checklist 122, add 261.4(b)(13) and (b)(14),
264.1(g)(2), 265.1(c)(6).
    7. In the entry for Checklist 124, add 264.1(g)(6), 265.1(c)(10),
268.1(e)(4) intro, 268.1(e)(5), 268.7(b)(3)(ii), 268.9(a), 268.40(b),
270.42 Appendix I.
    8. In the entry for Checklist 126, add 265.190(a); 265.314(c).
    9. In the entry for Checklist 135, add 261.3(c)(2)(ii)(B).
    10. In the entry for Checklist 137, add 264.1(g)(6), 265.1(c)(10),
266.23(a), 266 Appendix XIII, 268.2(g) and (i).
    11. In the entry for Checklist 140, the citation ``Sec.
261.3(a)(2)(iv)(G)'' is corrected to read Sec. Sec.
261.3(a)(2)(iv)(E)-(G)''.
    12. In the entry for Checklist 142 B: Add: 261.6(a)(3)(ii),
268.1(f) intro and (f)(1), 270.1(c)(2)(viii) intro and (c)(2)(viii)(A).
    13. In the entry for Checklist 142 C, add 268.1(f)(2),
270.1(c)(2)(viii)(B).
    14. In the entry for Checklist 142 D, add 268.1(f)(3),
270.1(c)(2)(viii)(C)
    15. In the entry for Checklist 144, the citation ``270.10(e)(4)''
should be corrected to read ``270.10(e)(5)''.
    16. In the entry for Checklist 148: The citation ``270.7(d)(f)'' is
corrected to read ``270.7(d)-(f)''.
    17. In the entry for Checklist 151:
     Add: 268.1(c)(3) intro through (c)(3)(ii), 268.1(c)(4),
268.1(e)(3), 268.1(e)(4), 268.1(e)(5), 268.42/Table 1
     The citation ``268.(a)'' is corrected to read
``268.40(a)''.
    18. In the entry for Checklist 154, 154.1, 154.2, 154.3, 154.4,
154.5, and 154.6, add 264.13(b)(6) and (b)(8), 264.15(b)(4),
264.73(b)(3) and (b)(6), 264.77(c), 264.179, 264.200, 264.232,
264.1030(b), 264.1033(a)(2)(i)&(ii), 264.1033(f)(2)(vi)(B), 264.1033(k)
through (o), 264.1034(b) intro, 264.1035(c)(9) and (10), 264.1035(d),
264.1050(b), (c) and (f), 264.1055, 264.1058(e), 264.1064(g)(6),
265.1(b), 265.13(b)(6) and (b)(8), 265.15(b)(4), 265.73(b)(3) and
(b)(6), 265.77(d), 265.178, 265.202, 265.231, 265.1030(b),
265.1033(a)(2) intro, 265.1033(f)(2)(vi)(B), 265.1033(j) intro,
265.1033(j)(1) and (2), 265.1033(k) through (n), 265.1034(b) intro,
265.1035(c)(3), 265.1034(c)(9) and (c)(10), 265.1035(d), 265.1050(b)
and (e), 265.1055, 265.1058(e), 265.1064(g)(6), 265, Appendix VI.
    19. In the entry for Checklist 156, the entry ``263.10(e) & (f)''
is corrected to read ``263.10(f) & (g)''.
    20. In the entry for Checklist 157:
     The citation ``262.30(a)-(e)'' is corrected to read
``268.30(a)-(e)''.
     The citation ``261.69(a)(3)(ii)'' is corrected to read
``261.6(a)(3)(ii)''.
    21. In the entry for Checklist 163, add 264.15(b)(4), 264.73(b)(6),
264.1030(b)(3), (c) and (d), 264.1031 ``in light liquid service'',
264.1033(a)(2)(i) through (iv), 264.1050(b), (c) and (f), 264.1060(a)
and (b), 264.1062(b)(2) and (b)(3), 264.1064(g)(6) and (m),
265.15(b)(4), 265.1030(b)(3), 265.1030(d), 265.1033 (a)(2)(i)-(iv),
265.1033(f)(2)(vi)(B), 265.1050(b)(3) and (e), 265.1060(a) and (b),
265.1064(g)(6) and (m), 265, Appendix VI; 270.14(b)(5).
    22. In the entry for Checklist 167 E, add 261.3(a)(2)(i),
261.4(b)(7).
    23. In the entry for Checklist 168:
     The citation ``261.4(a)(16)(iii)'' is corrected to read
``261.4(a)(16)''.
     Add 270.42(j), 270.42 Appendix I.
    24. In the entry for Checklist 169, add 261.32(a), 261, Appendix
VII, 268.35, 268.40/Table.
    25. In the entry for Checklist 172, the citation ``268.34(b)'' is
corrected to read ``268.34''.
    26. In the entry for Checklist 174, add 264.90(e) and (f),
264.110(c), 264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4) and
(d)(2)(iv), 264.140(d), 265.90(f), 265.110(c)&(d), 265.112(b)(8) and
(c)(1)(iv), 265.118(c)(4), (c)(5) and (d)(1)(iii), 265.121, 265.140(d),
270.1(c) introductory paragraph.
    27. In the entry for Checklist 175:
     Add: 264.1(j) intro and (j)(1), 264.73(b)(17), 264.554
intro and (a) intro, 265.1(b), 265.118(c)(4), 265.118(c)(5),
265.118(d)(1)(iii), 265.121, 265.140(d), 268.2(c), 268.50(g).
     The citation ``264.1(j)(4)-(17)'' should be corrected to
read 264.1(j)(4)-(13).
    28. In the entry for Checklist 177: Add 264.1031 ``equipment'',
264.1031 ``open-ended valve or line''.
    29. In the entry for Checklist 179:
     The citation ``268.40(e)''' is corrected to read
``268.40(i) and (j)'',
     Add 261.2(c)(3), 261.2(c)/Table I, 261.2(e)(1)(iii),
261.4(b)(7)(iii).
    30. Add the following new entry to the Table:

------------------------------------------------------------------------
       Federal citation                       State analog
------------------------------------------------------------------------

                              * * * * * * *
81. Land Disposal              A.C.A. Sec.  Sec.   8-7-209(b), 8-7-
 Restrictions--Phase IV--       205(1), 8-7-207, 8-7-209(a)(1), (5),
 Mineral Processing.            (6), (7), (8), (10), & (12), 8-7-
                                209(b)(5) & (6), 8-7-210(b), 8-7-212, 8-
                                7-213, 8-7-214
Secondary Materials            APC&EC Regulation 23 Regulation 23, Sec.
 Exclusion, [63 FR 28556] May   Sec.   261.2(c)(3), 261.2(c)/Table I,
 26, 1998. (Checklist 167 D).   261.2(e)(1)(iii), 261.4(a)(17), as
                                amended February 25, 2000, effective May
                                20, 2000.
------------------------------------------------------------------------

B. Corrections to the August 15, 2007 (72 FR 45663) Authorization
Document

    1. In the entry for Checklist 185:
     The citation ``261.32(f)/Table'' is corrected to read
``261.33(f)/Table''.
     Add 261.32(a), 268.48(a)/Table UTS.
    2. In the entry for Checklist 190:
     The citation ``268.32(b)(i)-(ii)'' is corrected to read
``268.32(b)(1)(i)-(b)(2)(ii)''.
     Add 268.49(d), 268 Appendix III.
    3. In the entry for Checklist 192 B, the citation ``Appendix VII/
Table'' is corrected to read ``268 Appendix VII/Table''.
    4. In the entry for Checklist 195, add 268.40/Table.
    5. In the entry for Checklist 197:
     The citation ``266.100(b)(20)(i)-(v)'' is corrected to
read ``266.100(b)(2)(i)-(v)''.
     Add 270.22 intro.
    6. In the entry for Checklist 199, add 261.24(a).

    7. In the entry for Checklist 203, the citation ``279.10(j)'' is
corrected to read ``279.10(i)''.
    8. In the entry for Checklist 206, add the following note at the
end of the entry: The State's regulations effective March 23, 2006
erroneously omits the changes addressed by the February 24, 2005 final
rule. This error is corrected in the State's June 2007 proposed
rulemaking (APC&E Commission Docket #07-007-R).
    9. In the entry for Checklist 207, the citation ``264.71(e)'' is
corrected to read ``264.71(f)''.
    10. Add the following new entries to the Table:

----------------------------------------------------------------------------------------------------------------
   Description of Federal requirement      Federal Register date and
    (include checklist , if      page (and/or RCRA statutory          Analogous State authority
                relevant)                          authority)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
26. Hazardous Air Pollutant Standards     64 FR 52828-53077,           Arkansas Code of 1987 Annotated (A.C.A.)
 for Combustors (Checklist 182).           September 30, 1999 as        as amended, effective August 2005.
                                           amended November 19, 1999,   Arkansas Pollution Control and Ecology
                                           at 64 FR 63209-63213.        (APC&E) Regulation Number 23 (Hazardous
                                                                        Waste Management) (HWM) Sections 260.10
                                                                        ``dioxins and furans (D/F)'', 260.10
                                                                        ``TEQ'', 261.38/Table 1, 264.340(b)-(e),
                                                                        264.601 intro, 265.340(b) & (c),
                                                                        266.100(b) through (h), 266.101(c) intro
                                                                        and (c)(1), 266.105(c) and (d),
                                                                        266.112(b)(1) intro, 266.112(b)(2)(i),
                                                                        266 Appendix VIII, 270.19 intro,
                                                                        270.19(e), 270.22 intro, 270.42 Appendix
                                                                        I, 270.62 intro and 270.66 intro, as
                                                                        amended December 9, 2005 effective March
                                                                        23, 2006.
27. Methods Innovation Rule and SW-846    70 FR 34538-34592, June 14,  Arkansas Code of 1987 Annotated (A.C.A.)
 Final Update IIIB (Checklist 208).        2005, as amended August 1,   as amended, effective August 2005.
                                           2005; 70 FR 44150-44151.     Arkansas Pollution Control and Ecology
                                                                        (APC&E) Regulation Number 23 (Hazardous
                                                                        Waste Management) (HWM) Sections 260.11,
                                                                        261.3(a)(2)(v), 261.21(a)(1),
                                                                        261.22(a)(1) & (2), 261.35(b)(2)(iii)(A)
                                                                        & (B), 261.38(c)(7) intro, 261 Appendix
                                                                        I, 261 Appendix IX, 264.190(a),
                                                                        264.314(c), 264.1034(c)(1)(ii) and (iv),
                                                                        264.1034(d)(1)(iii) and (f),
                                                                        264.1063(d)(2), 264 Appendix IX,
                                                                        265.190(a), 265.314(d),
                                                                        265.1034(c)(1)(ii) and (iv),
                                                                        265.1034(d)(1)(iii) and (f),
                                                                        265.1063(d)(2), 265.1081 ``waste
                                                                        stabilization process'', 265.1084,
                                                                        266.100(d)(1)(ii), 266.100(g)(2),
                                                                        266.102(b)(1), 266.106(a), 266.112(b)(1)
                                                                        intro, 266.112(b)(2)(i), 266 Appendix
                                                                        IX, 268.40(b), 268 Appendix IX,
                                                                        270.19(c)(1)(iii) and (iv),
                                                                        270.22(a)(2)(ii)(B), 270.62(b)(2)(i)(C)
                                                                        and (D), 270.66(c)(2)(i) and (ii),
                                                                        279.10(b)(1)(ii), 279.44(c) intro,
                                                                        279.53(c) intro, and 279.63(c) intro, as
                                                                        amended December 9, 2005 effective March
                                                                        23, 2006.
----------------------------------------------------------------------------------------------------------------

    11. Add the following text immediately after the Table:

    Note:  Arkansas requirement at 268.42(b) is not part of the
State's authorized program. The requirement is not delegable to
States.

III. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. What is the history of the codification of Arkansas' hazardous waste
management program?

    The EPA incorporated by reference Arkansas' then authorized
hazardous waste program effective December 13, 1993 (58 FR 52674) and
August 21, 1995 (60 FR 32112). In this action, EPA is revising subpart
E of 40 CFR part 272 to include the recent authorization revision
actions effective June 24, 2002 (67 FR 20038), and October 15, 2007 (72
FR 45663).

C. What codification decisions have we made in this rule?

    The purpose of today's Federal Register document is to codify
Arkansas' base hazardous waste management program and its revisions to
that program. The EPA provided notices and opportunity for comments on
the Agency's decisions to authorize the Arkansas program, and the EPA
is not now reopening the decisions, nor requesting comments, on the
Arkansas authorizations as published in the Federal Register notices
specified in Section I.F of this document.
    This document incorporates by reference Arkansas' hazardous waste
statutes and regulations and clarifies which of these provisions are
included in the authorized and Federally enforceable program. By
codifying Arkansas' authorized program and by amending the Code of
Federal Regulations, the public will be more easily able to discern the
status of Federally approved requirements of the Arkansas hazardous
waste management program.
    The EPA is incorporating by reference the Arkansas authorized
hazardous waste program in subpart E of 40 CFR part 272. Section
272.201 incorporates by reference Arkansas' authorized hazardous waste
statutes and regulations. Section 272.201 also references the statutory
provisions (including procedural and enforcement provisions) which
provide the legal basis for the State's implementation of the hazardous
waste management program, the Memorandum of Agreement, the Attorney
General's Statements and the Program Description, which are approved as
part

of the hazardous waste management program under Subtitle C of RCRA.

D. What is the effect of Arkansas' codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Arkansas
procedural and enforcement authorities. Section 272.201(c)(2) of 40 CFR
lists the statutory and regulatory provisions which provide the legal
basis for the State's implementation of the hazardous waste management
program, as well as those procedural and enforcement authorities that
are part of the State's approved program, but these are not
incorporated by reference.

E. What state provisions are not part of the codification?

    The public needs to be aware that some provisions of Arkansas'
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Unauthorized amendments to authorized State provisions; and
    (3) New unauthorized State requirements.
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and EPA will not
enforce them. Therefore, they are not incorporated by reference in 40
CFR part 272. For reference and clarity, 40 CFR 272.201(c)(3) lists the
Arkansas regulatory provisions which are ``broader in scope'' than the
Federal program and which are not part of the authorized program being
incorporated by reference. ``Broader in scope'' provisions cannot be
enforced by EPA; the State, however, may enforce such provisions under
State law.
    Additionally, Arkansas' hazardous waste regulations include
amendments which have not been authorized by the EPA. Since the EPA
cannot enforce a State's requirements which have not been reviewed and
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it
is important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by the EPA include amendments to previously authorized
State regulations as well as new State requirements. State regulations
that are not incorporated by reference in today's rule at 40 CFR
272.201(c)(1), or that are not listed in 40 CFR 272.201(c)(3)
(``broader in scope''), are considered new unauthorized State
requirements. These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.
Statutory and Executive Order Reviews
    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore, this action is not subject to review by OMB. This
rule authorizes and incorporates by reference Arkansas' authorized
hazardous waste management regulations, and imposes no additional
requirements beyond those imposed by State law. This final rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation
by reference will not impose any new burdens on small entities.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely authorizes and incorporates by reference certain existing State
hazardous waste management program requirements which the EPA already
approves under 40 CFR part 271, and does not impose any additional
enforceable duty beyond that required by State law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
    This action 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 the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely authorizes and incorporates
by reference existing State hazardous waste management program
requirements without altering the relationship or the distribution of
power and responsibilities established by RCRA. This action also does
not have Tribal implications within the meaning of Executive Order
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That

Significantly Affect Energy Supply Distribution or Use'' (66 FR 28344,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
    The final rule does not include environmental justice issues that
require consideration under Executive Order 12898 (59 FR 7629, February
16, 1994). The EPA has complied with Executive Order 12630 (53 FR 8859,
March 15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. As required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996), in issuing this rule, the EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action will be effective August 27, 2010.

List of Subjects in 40 CFR Parts 271 and 272

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.

    Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: May 5, 2010.
Lawerence E. Starfield,
Regional Administrator, Region 6.

0
For the reasons set forth in the preamble, under the authority at 42
U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final authorization
under part 271 to the State of Arkansas for revisions to its hazardous
waste program under the Resource Conservation and Recovery Act and is
amending 40 CFR part 272 as follows.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).

Subpart E--[Amended]

0
2. Revise Sec.  272.201 to read as follows:

Sec.  272.201  Arkansas State-administered program: Final
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Arkansas final authorization for the following elements as
submitted to EPA in Arkansas' Base program application for final
authorization which was approved by EPA effective on January 25, 1985.
Subsequent program revision applications were approved effective on May
29, 1990; November 18, 1991; December 4, 1992; December 21, 1994, June
24, 2002, October 15, 2007, and August 27, 2010.
    (b) The State of Arkansas has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
    (c) State Statutes and Regulations.
    (1) The Arkansas statutes and regulations cited in paragraph
(c)(1)(i) of this section are incorporated by reference as part of the
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C.
6921 et seq. This incorporation by reference is approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies of the Arkansas statutes that are incorporated by
reference are available from Michie Publishing, 1275 Broadway Albany,
New York 12204, Phone:<PHONE_NUMBER>. Copies of the Arkansas
regulations that are incorporated by reference are available from the
Arkansas Department of Environmental Quality Web site at http://
www.adeq.state.ar.us or the Public Outreach Office, ADEQ, Post Office
Box 8913, Little Rock, AR 72219-8913, Phone:<PHONE_NUMBER>. You may
inspect a copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202
(Phone number<PHONE_NUMBER>), or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/
federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA Approved Arkansas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated October 2007.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
    (i) Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement,
Title 4, Business and Commercial Law, Chapter 75: Section 4-75-601(4)
``Trade Secret''.
    (ii) Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement,
Title 8, Environmental Law, Chapter 1: Section 8-1-107.
    (iii) Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-205 through 8-
7-214, 8-7-217, 8-7-218, 8-7-220, 8-7-222, 8-7-224 and 8-7-225(b)
through 8-7-225(d).
    (iv) Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2005 Supplement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-204 (except 8-
7-204(e)(3)(B)), 8-7-227.
    (v) Arkansas Resource Reclamation Act of 1979, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 3: Sections 8-7-302(3), 8-7-
303, 8-7-308.
    (vi) Remedial Action Trust Fund Act of 1985, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2000

Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 5:
Sections 8-7-505(3), 8-7-507, 8-7-511.
    (vii) Remedial Action Trust Fund Act of 1985, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2005 Supplement, Title 8,
Environmental Law, Chapter 7, Subchapter 5: Sections 8-7-503(6) and
(7), 8-7-508, 8-7-512.
    (viii) Arkansas Freedom of Information Act (FOIA) of 1967, as
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2005 Supplement,
Title 25, State Government, Chapter 19: Sections 25-19-103(1), 25-19-
105, 25-19-107.
    (ix) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended December 9,
2005, effective March 23, 2006, Chapter One; Chapter Two, Sections 1,
2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX,
270.7(h) and (j), 270.10(e)(8), 270.34; Chapter Three, Sections 19 and
21, 22; Chapter Five, Section 28.
    (x) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 7, Civil Penalties, July 24, 1992.
    (xi) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 8, Administrative Procedures, June 12, 2000.
    (3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
    (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Section 8-7-226.
    (ii) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended December 9,
2005, effective March 23, 2006, Chapter Two, Sections 6, 262.13(c),
262.24(d), 263.10(e), 263.13, 264.71(e), 265.71(e); Chapter Three,
Section 25.
    (4) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Arkansas, signed by the Executive
Director of the Arkansas Department of Environmental Quality (ADEQ) on
November 3, 2000, and by the EPA Regional Administrator on April 5,
2002, is referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization,'' signed by the Attorney General of Arkansas
on July 9, 1984 and revisions, supplements, and addenda to that
Statement dated September 24, 1987, February 24, 1989, December 11,
1990, May 7, 1992 and by the Independent Legal Counsel on May 10, 1994,
February 2, 1996, March 3, 1997, July 31, 1997, December 1, 1997,
December 12, 2001, and July 27, 2006 are referenced as part of the
authorized hazardous waste management program under Subtitle C of RCRA,
42 U.S.C. 6921 et seq.
    (6) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.

0
3. Appendix A to part 272, State Requirements, is amended by revising
the listing for ``Arkansas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Arkansas

    The statutory provisions include:
    Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-202, 8-7-
203, 8-7-215, 8-7-216, 8-7-219, 8-7-221, 8-7-223 and 8-7-225(a).
    Arkansas Code of 1987 Annotated (A.C.A.), 2000 Supplement, Title
8, Environmental Law, Chapter 10, Subchapter 3: Section 8-10-301(d).
    Copies of the Arkansas statutes that are incorporated by
reference are available from Michie Publishing, 1275 Broadway,
Albany, New York 12204, Phone:<PHONE_NUMBER>.
    The regulatory provisions include:
    Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended December
9, 2005, effective March 23, 2006. Please note that the 2006 APC&E
Commission Regulation No. 23, is the most recent version of the
Arkansas authorized hazardous waste regulations. For a few
provisions, the authorized version is found in the APC&E Commission
Regulation 23, dated January 21, 1996. Arkansas made subsequent
changes to these provisions but these changes have not been
authorized by EPA. The provisions from the January 21, 1996
regulations are noted below.
    Chapter Two, Sections 3(b) introductory paragraph, 3(b)(2),
3(b)(4); Section 260--Hazardous Waste Management System--General--
260.1, 260.3, 260.10 (except the definitions of ``consolidation''
and ``mercury-containing device,'' and the phrase ``a written permit
issued by the Arkansas Highway and Transportation Department
authorizing a person to transport hazardous waste (Hazardous Waste
Transportation Permit), or'' in the definition for ``permit''),
260.11 (except 260.11(d)(2), (e)(2), (f)(2) and (g)(2)), 260.20(a),
and (b), 260.21, 260.23, 260.30 through 260.33, 260.40, 260.41 and
Appendix I.
    Section 261--Identification and Listing of Hazardous Waste--
261.1, 261.2, 261.3 (except 261.3(a)(2)(iii) and (e)), 261.4, 261.5,
261.6 (except (a)(5)), 261.7 through 261.11, 261.20 through 261.24,
261.30 through 261.33, 261.35, 261.38, Appendices I, VII and VIII.
    Section 262 Standards Applicable to Generators of Hazardous
Waste--262.10 (except 262.10(d)), 262.11, 262.12, 262.13 (except
262.13(c)), 262.20 (except 262.20(e)), 262.21, 262.22, 262.23,
262.24 (except 262.24(d)), 262.27, 262.30, 262.31 through 262.34,
262.35 (except the phrase ``and the requirements of Sec.  262.13(d)
and Sec.  263.10(d)'' at 262.35(a)(2)), 262.40, 262.41 (except
references to PCBs) (January 21, 1996), 262.42, 262.43, 262.50
through 262.58, 262.60 (except 262.60(e)), 262.70 and Appendix I.
    Section 263--Standards Applicable to Transporters of Hazardous
Waste 263.10 (except 263.10(d) and (e)), 263.11, 263.12, 263.20
(except 263.20(g)(4)), 263.21, 263.22, 263.30 and 263.31.
    Section 264--Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities--264.1 (except
264.1(f) and 264.1(g)(7)), 264.3, 264.4, 264.10, 264.11, 264.12
(except 264.12(a)(2)), 264.13 through 264.19, 264.20(a) through (c),
264.30 through 264.35, 264.37, 264.50 through 264.56, 264.70, 264.71
(except 264.71(a)(3), (d) and (e)), 264.72, 264.73, 264.74, 264.75
(except 264.75(g)), 264.75(g) (January 21, 1996), 264.75(h) (January
21, 1996), 264.76 (except 264.76(b)), 264.77, 264.90 through
264.101, 264.110 through 264.120, 264.140, 264.141 (except the
definition of ``captive insurance'' at 264.141(f)), 264.142, 264.143
(except the last sentence of 264.143(e)(1)), 264.144, 264.145
(except the last sentence of 264.145(e)(1)), 264.146, 264.147
(except the last sentences of 264.147(a)(1)(i) and 264.147(b)(1)(ii)
and except 264.147(g)(1)(ii)), 264.148, 264.151, 264.170 through
264.174, 264.175 (except 264.175(d)(2)), 264.176 through 264.179,
264.190 through 264.200, 264.220 through 264.223, 264.226 through
264.232, 264.250 through 264.254, 264.256 through 264.259, 264.270
through 264.273, 264.276, 264.278 through 264.283, 264.300 through
264.304, 264.309, 264.310, 264.312(a), 264.313, 264.314 (except
264.314(a)(2) and (a)(3)), 264.315, 264.316, 264.317, 264.340
through 264.345, 264.347, 264.351, 264.550 through 264.553, 264.554
(except 264.554(a)(2)), 264.555, 264.570 through 264.575, 264.600
through 264.603, 264.1030 through 264.1036, 264.1050 (except
264.1050(g)), 264.1051 through 264.1065, 264.1080 through 264.1090,
264.1100, 264.1101, 264.1102, 264.1200, 264.1201, 264.1202, Appendix
I (except codes T78 and T79 in Table 2), and Appendices IV, V and
IX.
    Section 265--Interim Status Standards For Owners And Operators
Of Hazardous Waste Treatment, Storage, And Disposal Facilities--
265.1 (except 265.1(c)(2) and (c)(4)), 265.4, 265.10, 265.11, 265.12
(except 265.12(a)(2)),

265.13 through 265.19, 265.30 through 265.35, 265.37, 265.50 through
265.56, 265.70, 265.71 (except 265.71(a)(3), (d) and (e)), 265.72,
265.73, 265.74, 265.75 (except 265.75(g)), 265.75(g) (January 21,
1996), 265.75(h) (January 21, 1996), 265.76, 265.77, 265.90 through
265.94, 265.110 through 265.121, 265.140, 265.141 (except the
definition of ``captive insurance'' at 265.141(f)), 265.142, 265.143
(except the last sentence of 265.143(d)(1)), 265.144, 265.145,
265.146, 265.147 (except the last sentences of 265.147(a)(1) and
265.147(b)(1) and except 265.147(g)(1)(ii)), 265.148, 265.170
through 265.174, 265.176, 265.177, 265.178, 265.190 through 265.202,
265.220 through 265.226, 265.228 through 265.231, 265.250 through
265.260, 265.270, 265.272, 265.273, 265.276, 265.278 through
265.282, 265.300 through 265.304, 265.309, 265.310, 265.312(a),
265.313, 265.314 (except 265.314(a)(2) and (3)), 265.315, 265.316,
265.340, 265.341, 265.345, 265.347, 265.351, 265.352, 265.370,
265.373, 265.375, 265.377, 265.381, 265.382, 265.383, 265.400
through 265.406, 265.430, 265.440 through 265.445, 265.1030 through
265.1035, 265.1050 (except 265.1050(f)), 265.1051 through 265.1064,
265.1080 through 265.1102, 265.1200, 265.1201, 265.1202, Appendix I
(except codes T78 and T79 in Table 2), and Appendices III through
VI.
    Section 266--Standards for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous Waste Management Facilities--
266.20 through 266.23, 266.70 (except 266.70(b)(3)), 266.80, 266.100
through 266.112, 266.200 through 266.206, 266.210, 266.220, 266.225,
266.230, 266.235, 266.240, 266.245, 266.250, 266.255, 266.260,
266.305, 266.310, 266.315, 266.320, 266.325, 266.330, 266.335,
266.340, 266.345, 266.350, 266.355, 266.360 and Appendices I through
XIII.
    Section 268--Land Disposal Restrictions--268.1 through 268.4,
268.7 (except 268.7 (a)(2)(ii)), 268.9 (except 268.9(d)(2)(ii)),
268.13, 268.14, 268.20, 268.30 through 268.39, 268.40 (except
268.40(e)(1)--(4) and 268.40(i)), 268.41, 268.42 (except 268.42(b)),
268.43, 268.45, 268.46, 268.48, 268.49, 268.50, Appendices III, IV,
VI through IX and XI.
    Section 270--Administered Permit Programs: The Hazardous Waste
Permit Program--270.1, 270.2, 270.3 (except 270.3(f), 270.4, 270.5,
270.6(a) (except the reference to SW-846)), 270.6(b), 270.7 (except
270.7(h) and (j)), 270.10 (except 270.10(e)(8) and (k)), 270.11
through 270.33, 270.40 through 270.43, 270.50, 270.51, 270.60
(except 270.60(a)), 270.61 through 270.66, 270.68, 270.70 through
270.73, 270.79, 270.80, 270.85, 270.90, 270.95, 270.100, 270.105,
270.110, 270.115, 270.120, 270.125, 270.130, 270.135, 270.140,
270.145, 270.150, 270.155, 270.160, 270.165, 270.170, 270.175,
270.180, 270.185, 270.190, 270.195, 270.200, 270.205, 270.210,
270.215, 270.220, 270.225, 270.230 and 270.235.
    Section 273--Standards for Universal Waste Management--273.1
through 273.4, 273.5 (except 273.5(b)(3)), 273.6, 273.8 through
273.20, 273.30 through 273.40, 273.50 through 273.56, 273.60,
273.61, 273.62, 273.70, 273.80, 273.81.
    Section 279--Standards for the Management of Used Oil--279.1,
279.10, 279.11, 279.12, 279.20 through 279.24, 279.30, 279.31,
279.32, 279.40 through 279.47, 279.50 through 279.67, 279.70 through
279.75, 279.80, 279.81 and 279.82(a).
    Copies of the Arkansas regulations that are incorporated by
reference are available from the Arkansas Department of
Environmental Quality Web site at http://www.adeq.state.ar.us or the
Public Outreach Office, ADEQ, Post Office Box 8913, Little Rock, AR
72219-8913, Phone<PHONE_NUMBER>.
* * * * *
[FR Doc. 2010-15332 Filed 6-25-10; 8:45 am]
BILLING CODE 6560-50-P