[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59840-59841]
[FR Doc No: 2013-23247]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0508; FRL-9900-96-Region 9]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Antelope Valley
portion of the California State Implementation Plan (SIP). This action
was proposed in the Federal Register on July 26, 2013 and concerns
standards for continuous emissions monitoring systems and oxides of
sulfur (SOx) emissions. We are approving local rules that regulate
continuous emissions monitoring systems and standards for gaseous
sulfur emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on October 29, 2013.

ADDRESSES: EPA has established docket number EPA-R09-2013-0508 for this
action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

    I. Proposed Action
    II. Public Comments and EPA Responses
    III. EPA Action
    IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 26, 2013 (78 FR 45114), EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.              Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD............................             218  Continuous Emission                 07/17/12        02/06/13
                                                     Monitoring.
AVAQMD............................           218.1  Continuous Emission                 07/17/12        02/06/13
                                                     Monitoring Performance
                                                     Specifications.
AVAQMD............................           431.1  Sulfur Content of Gaseous           08/21/12        04/22/13
                                                     Fuels.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, EPA is fully approving these rules into the
California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 29, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Carbon monoxide, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide.

    Dated: September 4, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(428)(i)(B) and
(c)(429)(i)(B) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (428) * * *
    (i) * * *
    (B) Antelope Valley Air Quality Management District.
    (1) Rule 218, ``Continuous Emission Monitoring,'' amended on July
17, 2012.
    (2) Rule 218.1, ``Continuous Emission Monitoring Performance
Specifications,'' adopted on July 17, 2012.
* * * * *
    (429) * * *
    (i) * * *
    (B) Antelope Valley Air Quality Management District.
    (1) Rule 431.1, ``Sulfur Content of Gaseous Fuels,'' amended on
August 21, 2012.
* * * * *

[FR Doc. 2013-23247 Filed 9-27-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Page 78683]
[FR Doc No: 2022-27860]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10509-01-OA]

Local Government Advisory Committee (LGAC) Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), EPA
herby provides notice of a meeting for the Local Government Advisory
Committee (LGAC) on the date and time described below. This meeting
will be open to the public. For information on public attendance and
participation, please see the registration information under
SUPPLEMENTARY INFORMATION.

DATES: The LGAC will meet virtually January 13th, 2023, from 11:30 a.m.
through 12:30 p.m. Eastern Standard Time.

FOR FURTHER INFORMATION CONTACT: Paige Lieberman, Designated Federal
Officer (DFO), at [email protected] or<PHONE_NUMBER>.
    Information on Accessibility: For information on access or services
for individuals requiring accessibility accommodations, please contact
Paige Lieberman by email at [email protected]. To request accommodation,
please do so five (5) business days prior to the meeting, to give EPA
as much time as possible to process your request.

SUPPLEMENTARY INFORMATION: The LGAC has been deliberating on the
following sections of the Inflation Reduction Act and will discuss and
vote on draft recommendations for each at this meeting.

Topic One: Climate Pollution Reduction Grants

    EPA received $5 billion to assist states, air pollution control
agencies, tribes and local governments to develop and implement strong,
climate pollution reduction strategies. These eligible entities can
apply for planning grants and then apply for grants to implement those
plans. This is a new program that will be informed by comments received
via this request for public comment in addition to other stakeholder
engagement activities that the Agency will be conducting consistent
with its Grant Competition policy.

Topic Two: Clean Heavy-Duty Vehicles

    EPA received $4 billion for two new programs to reduce emissions
from the transportation sector. The first program is the Clean Heavy-
Duty Vehicle program that will invest $1 billion to help cover the
costs of replacing dirty heavy-duty vehicles with clean alternatives,
deploy supporting infrastructure, and/or train and develop the
necessary workforce. At least $400 million must go to nonattainment
areas. The application is open to states, municipalities, Indian
tribes, nonprofit school transportation associations, and eligible
contractors.
    All interested persons are invited to attend and participate. The
LGAC will hear comments from the public from approximately 12:20-12:30
p.m. (EDT). Individuals or organizations wishing to address the
Committee or Subcommittee will be allowed a maximum of five (5) minutes
to present their point of view. Also, written comments should be
submitted electronically to [email protected] for the LGAC and SCAS. Please
contact the DFO at the email listed under FOR FURTHER INFORMATION
CONTACT to schedule a time on the agenda by January 12, 2023. Time will
be allotted on a first-come first-served basis, and the total period
for comments may be extended if the number of requests for appearances
requires it.
    Registration: The meeting will be held virtually through an online
audio and video platform. Members of the public who wish to participate
should register by contacting the Designated Federal Officer (DFO) at
[email protected] by January 12, 2023. The agenda and other supportive
meeting materials will be available online at https://www.epa.gov/ocir/local-government-advisory-committee-lgac and will be emailed to all
registered. In the event of cancellation for unforeseen circumstances,
please contact the DFO or check the website above for reschedule
information.

    Dated: December 19, 2022.
Paige Lieberman,
Designated Federal Officer, Local Government Advisory Council, Office
of Congressional and Intergovernmental Relations.
[FR Doc. 2022-27860 Filed 12-21-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73485-73487]
[FR Doc No: 2020-25399]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2020-D-1137 and FDA-2020-D-1138]

Guidance Documents Related to Coronavirus Disease 2019;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of FDA guidance documents related to the Coronavirus
Disease 2019 (COVID-19) public health emergency (PHE). This notice of
availability (NOA) is pursuant to the process that FDA announced, in
the Federal Register of March 25, 2020, for making available to the
public COVID-19-related guidances. The guidances identified in this
notice address issues related to the COVID-19 PHE and have been issued
in accordance with the process announced in the March 25, 2020, notice.
The guidances have been implemented without prior comment, but they
remain subject to comment in accordance with the Agency's good guidance
practices.

DATES: The announcement of the guidances is published in the Federal
Register on November 18, 2020.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the name of the
guidance

document that the comments address and the docket number for the
guidance (see table 1). Received comments will be placed in the
docket(s) and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see Sec.
10.115(g)(5) (21 CFR 10.115(g)(5))).
    Submit written requests for single copies of these guidances to the
address noted in table 1. Send two self-addressed adhesive labels to
assist that office in processing your requests. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidances.

FOR FURTHER INFORMATION CONTACT: Stephen Ripley, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911, or Erica Takai, Center for Devices and Radiological Health
(CDRH), Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 5456, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 31, 2020, as a result of confirmed cases of COVID-19,
and after consultation with public health officials as necessary, Alex
M. Azar II, Secretary of Health and Human Services, pursuant to the
authority under section 319 of the Public Health Service Act (42 U.S.C.
247d) (PHS Act), determined that a PHE exists and has existed since
January 27, 2020, nationwide.\1\ On March 13, 2020, President Donald J.
Trump declared that the COVID-19 outbreak in the United States
constitutes a national emergency, beginning March 1, 2020.\2\
---------------------------------------------------------------------------

    \1\ Secretary of Health and Human Services Alex M. Azar, II,
Determination that a Public Health Emergency Exists (originally
issued on January 31, 2020, and subsequently renewed), available at
https://www.phe.gov/emergency/news/healthactions/phe/Pages/default.aspx.
    \2\ Proclamation on Declaring a National Emergency Concerning
the Novel Coronavirus Disease (COVID-19) Outbreak (March 13, 2020),
available at https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/.
---------------------------------------------------------------------------

    In the Federal Register of March 25, 2020 (85 FR 16949) (the March
25, 2020, notice) (available at https://www.govinfo.gov/content/pkg/FR-2020-03-25/pdf/2020-06222.pdf), FDA announced procedures for making
available FDA guidances related to the COVID-19 PHE. These procedures,
which operate within FDA's established good guidance practices
regulations, are intended to allow FDA to rapidly disseminate Agency
recommendations and policies related to COVID-19 to industry, FDA
staff, and other stakeholders. The March 25, 2020, notice stated that
due to the need to act quickly and efficiently to respond to the COVID-
19 PHE, FDA believes that prior public participation will not be
feasible or appropriate before FDA implements COVID-19-related
guidances. Therefore, FDA will issue COVID-19-related guidances for
immediate implementation without prior public comment (see section
701(h)(1)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
371(h)(1)(C)) and Sec.  10.115(g)(2)). The guidances are available on
FDA's web pages entitled ``COVID-19-Related Guidance Documents for
Industry, FDA Staff, and Other Stakeholders'' (available at: https://www.fda.gov/emergency-preparedness-and-response/mcm-issues/covid-19-related-guidance-documents-industry-fda-staff-and-other-stakeholders)
and ``Search for FDA Guidance Documents'' (available at: https://www.fda.gov/regulatory-information/search-fda-guidance-documents).
    The March 25, 2020, notice further stated that, in general, rather
than publishing a separate NOA for each COVID-19-related guidance, FDA
intends to publish periodically a consolidated NOA announcing the
availability of certain COVID-19-related guidances that FDA issued
during the relevant period, as included in table 1. This notice
announces COVID-19-related guidances that are posted on FDA's website.

II. Availability of COVID-19-Related Guidance Documents

    Pursuant to the process described in the March 25, 2020, notice,
FDA is announcing the availability of the following COVID-19-related
guidances:

                       Table 1--Guidances Related to the COVID-19 Public Health Emergency
----------------------------------------------------------------------------------------------------------------
                                                                                Contact information to
              Docket No.                       Center             Title of guidance       request single copies
----------------------------------------------------------------------------------------------------------------
FDA-2020-D-1137.......................  CBER                  Emergency Use             Office of Communication,
                                                               Authorization for         Outreach and
                                                               Vaccines to Prevent       Development, 10903 New
                                                               COVID-19 (October 2020).  Hampshire Ave., Bldg.
                                                                                71, Rm. 3128, Silver
                                                                                Spring, MD 20993-0002;
                                                                                1-800-835-4709 or 240-
                                                                                402-8010; email
<EMAIL_ADDRESS>

FDA-2020-D-1138.......................  CDRH                  Enforcement Policy for    [email protected]
                                                               Modifications to FDA      ov/.
                                                               Cleared Molecular        Please include the
                                                               Influenza and RSV Tests   document number 20046
                                                               During the Coronavirus    and complete title of
                                                               Disease 2019 (COVID-19)   the guidance in the
                                                               Public Health Emergency   request.
                                                               (October 2020).
----------------------------------------------------------------------------------------------------------------

    Although these guidances have been implemented immediately without
prior comment, FDA will consider all comments received and revise the
guidances as appropriate (see Sec.  10.115(g)(3)).
    These guidances are being issued consistent with FDA's good
guidance practices regulation (Sec.  10.115). The guidances represent
the current thinking of FDA. They do not establish any rights for any
person and are not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

III. Paperwork Reduction Act of 1995

A. CBER Guidance

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information (listed in
table 2). Therefore, clearance by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3521) is not required for this guidance. The previously approved
collections of information are subject to review by OMB under the PRA.
The collections of information in the following FDA regulations and
guidances have been approved by OMB as listed in the following table:

                                     Table 2--CBER Guidance and Collections
----------------------------------------------------------------------------------------------------------------
                                                                        Another guidance title
         COVID-19 guidance title            CFR cite referenced in      referenced in COVID-19      OMB control
                                               COVID-19 guidance               guidance               No(s).
----------------------------------------------------------------------------------------------------------------
Emergency Use Authorization for Vaccines  21 CFR 314.420............  ..........................       0910-0001
 to Prevent COVID-19 (October 2020).      21 CFR part 312...........  ..........................       0910-0014
                                          21 CFR parts 210, 211, and  ..........................       0910-0139
                                           610.
                                          21 CFR part 600...........  ..........................       0910-0308
                                          21 CFR part 601...........  ..........................       0910-0338
                                                                      Emergency Use                    0910-0595
                                                                       Authorization of Medical
                                                                       Products and Related
                                                                       Authorities.
----------------------------------------------------------------------------------------------------------------

B. CDRH Guidance

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information (listed in
table 3). Therefore, clearance by OMB under the PRA is not required for
this guidance. The previously approved collections of information are
subject to review by OMB under the PRA. The collections of information
in the following FDA regulations have been approved by OMB as listed in
the table below.

                                     Table 3--CDRH Guidance and Collections
----------------------------------------------------------------------------------------------------------------
                                                                        Another guidance title
         COVID-19 guidance title            CFR cite referenced in      referenced in  COVID-19     OMB control
                                               COVID-19 guidance               guidance               No(s).
----------------------------------------------------------------------------------------------------------------
Enforcement Policy for Modifications to   800, 801, and 809.........  N/A.......................       0910-0485
 FDA--Cleared Molecular Influenza and     807, subpart E............  ..........................       0910-0120
 RSV Tests During the Coronavirus         820.......................  ..........................       0910-0073
 Disease 2019 (COVID-19) Public Health
 Emergency (October 2020).
----------------------------------------------------------------------------------------------------------------

IV. Electronic Access

    Persons with access to the internet may obtain COVID-19-related
guidances at:
     FDA web page entitled ``COVID-19-Related Guidance
Documents for Industry, FDA Staff, and Other Stakeholders,'' available
at https://www.fda.gov/emergency-preparedness-and-response/mcm-issues/covid-19-related-guidance-documents-industry-fda-staff-and-other-stakeholders;
     FDA web page entitled ``Search for FDA Guidance
Documents'' available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents; or
     https://www.regulations.gov.

    Dated: November 13, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-25399 Filed 11-17-20; 8:45 am]
BILLING CODE 4164-01-P


From:  David W Fanning<EMAIL_ADDRESS>Sent: Monday, February 22, 2016 9:25 AM To:  <EMAIL_ADDRESS>Cc: Raymond, Gabrielle<EMAIL_ADDRESS>Todd A Richards<EMAIL_ADDRESS>Subject:  Februrary 17 Facilities Communication

As the testing plan evolves the latest facilities list (attached) should have the following changes made as it pertains to the EES Coke site.

(See attached file: Coke-114-facilities-02-17-16.pdf)  Under the letter heading the 5th entry should be EES Coke Battery, L.L.C.     Under the Enclosure 1 heading the 6th entry should be EES Coke Battery, L.L.C. (River Rouge, MI)     Under the Enclosure 2 heading the 3rd entry should be EES Coke Battery, L.L.C. (River Rouge, MI)

Thank you for making these corrections. If you have any questiong let me know.

Dave

Manager Business Development 734 302-8919 734 604-9213 Cell

<< Coke-114-facilities-02-17-16.pdf >>


"Johansson, Robert"<EMAIL_ADDRESS> 06/21/2007 11:41 AM

To

Lydia Wegman/RTP/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA, Mary Henigin/DC/USEPA/US@EPA, Bryan Hubbell/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA, Marjorie Jones/RTP/USEPA/US@EPA

cc

"Schwab, Margo"<EMAIL_ADDRESS>"Rob and Siobhan Johansson" <EMAIL_ADDRESS>"Fraas, Arthur G."<EMAIL_ADDRESS>"Frey, Patrick J."<EMAIL_ADDRESS> Subject

RIA

Hi All,

We can discuss our suggested list of items to cover in the RIA today if you would like.

I am heading home early but can call from there between 3:30 and 4:30 pm if you send us a call in number (preferably an 866 number).

(Please send time and call in to my home address above as well, thanks).

We are losing some folks on Friday, so if you prefer we can also set up a call for Monday if you like.

Cheers,

Rob

________________________________________________

Robert Johansson, Ph.D.

OMB/OIRA/NREA

725 17th St. NW, Room 10202

Washington, DC 20503

(P)<PHONE_NUMBER>

(F)<PHONE_NUMBER>

(E<EMAIL_ADDRESS>


[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Rules and Regulations]
[Pages 38486-38488]
[FR Doc No: 2012-15822]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0352]
RIN 1625-AA00

Safety Zone; City of Tonawanda July 4th Celebration, Niagara
River, Tonawanda, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a temporary safety zone on the
Niagara River, Tonawanda, New York. This safety zone is intended to
restrict vessels from a portion of the Niagara River during the City of
Tonawanda July 4th Celebration fireworks on July 4, 2012. The safety
zone is necessary to protect participants, spectators, and vessels from
the hazards associated with a firework display.

DATES: This regulation will be effective July 4, 2012 from 8:45 p.m.
until 10:15 p.m.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket [USCG-2012-0352]. To view documents mentioned in
this preamble as being available by going to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and
click ``SEARCH.'' You may visit the Docket Management Facility,
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Christopher Mercurio, Chief of
Waterway Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 22, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; City of Tonawanda July 4th Celebration,
Niagara River, Tonawanda, New York in the Federal Register (77 FR
30242). We received no letters commenting on the proposed rule. No
public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard is issuing this temporary
final rule less than 30 days after publication in the Federal Register.
Under 5 U.S.C. 553(d)(3), an agency may issue a rule less than 30 days
before its effective date when the agency for good cause finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Accordingly, the Coast Guard finds that good cause
exists for publishing this temporary final rule less than 30 days
before its effective date because delaying the effective date of this
temporary final rule would prevent its enforcement on the scheduled
night of the event and thus, would preclude the Coast Guard from
protecting spectators and vessels from the hazards associated with a
maritime fireworks display.

B. Basis and Purpose

    Between 9:15 p.m. and 9:45 p.m. on July 4, 2012, a fireworks
display will be held on the waters of the Niagara River near Tonawanda,
NY. The Captain of the Port Buffalo has determined that fireworks
launched proximate to watercraft pose a significant risk to public
safety and property. Such hazards include premature detonations,
dangerous detonations, dangerous projectiles, and falling or burning
debris.

C. Discussion of Comments, Changes and the Final Rule

    As mentioned above, no comments were received from the public in
response to the NPRM that preceded this temporary rule. Furthermore,
there were no changes made between the proposed rule and this temporary
final

rule. Thus, there are no comments and no changes to discuss.
    Just as was described in the NPRM, the Captain of the Port Buffalo
has determined that a temporary safety zone is necessary to ensure the
safety of the boating public during the City of Tonawanda July 4th
Celebration Fireworks. The safety zone will be effective and enforced
from 8:45 p.m. until 10:15 p.m. on July 4, 2012. The safety zone will
encompass all waters of the Niagara River, Tonawanda, NY within a 1400
FT radius of position 43[deg]01'39.59'' N, 78[deg]53'07.48'' W (DATUM:
NAD 83). Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received 0 comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This temporary final rule may affect the following entities, some
of which may be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the Niagara River near
Tonawanda, New York between 8:45 p.m. to 10:15 p.m. on July 4, 2012.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone would be activated, and thus subject to enforcement, for
only 90 minutes late in the day when vessel traffic is low. Vessel
traffic could pass safely around the safety zone. Before the effective
period, maritime advisories will be issued, which include a Broadcast
Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

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

7. Taking of Private Property

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

8. Civil Justice Reform

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

9. Protection of Children

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

10. Indian Tribal Governments

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

responsibilities between the Federal Government and Indian tribes.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and
thus, is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0352 to read as follows:

Sec.  165.T09-0352  Safety Zone; City of Tonawanda July 4th
Celebration, Niagara River, Tonawanda, NY

    (a) Location. The safety zone will encompass all waters of the
Niagara River, Tonawanda, NY within a 1,400 FT radius of position
43[deg]01'39.59'' N and 78[deg]53'07.48'' W (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced on July 4, 2012 from 8:45 p.m. until 10:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 13, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-15822 Filed 6-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Proposed Rules]
[Pages 62075-62079]
[FR Doc No: 2014-24549]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0749; Directorate Identifier 2014-NM-051-AD]
RIN 2120-AA64

Airworthiness Directives; Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Lockheed Martin Corporation/Lockheed Martin Aeronautics Company
Model 382, 382B, 382E, 382F, and 382G airplanes. This proposed AD was
prompted by an evaluation by the design approval holder (DAH)
indicating that the upper and lower rainbow fittings on the outer wing
are subject to widespread fatigue damage (WFD). This proposed AD would
require repetitive inspections of the upper and lower rainbow fittings
on the outer wing to detect cracks propagating from fasteners attaching
the fittings to skin panels, and related investigative

and corrective actions if necessary; and replacement of the upper and
lower rainbow fittings on the outer wing. We are proposing this AD to
prevent fatigue cracking of the upper and lower rainbow fittings on the
outer wing and skin-panel-to-fitting fastener holes, which could result
in reduced structural integrity of the airplane and possible separation
of the wing from the airplane.

DATES: We must receive comments on this proposed AD by December 1,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb
Drive, Marietta, GA 30063; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0749; 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 (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer,
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office
(ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-
5554; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2014-0749;
Directorate Identifier 2014-NM-051-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://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally. Global fatigue damage is
general degradation of large areas of structure with similar structural
details and stress levels. Multiple-site damage is global damage that
occurs in a large structural element such as a single rivet line of a
lap splice joining two large skin panels. Global damage can also occur
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small
initially to be reliably detected with normal inspection methods.
Without intervention, these cracks will grow, and eventually compromise
the structural integrity of the airplane, in a condition known as WFD.
As an airplane ages, WFD will likely occur, and will certainly occur if
the airplane is operated long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    This proposed AD was prompted by an evaluation by the DAH
indicating that the upper and lower rainbow fittings of the outer wing
are subject to WFD. Analysis of in-service cracking has shown that
these fittings are susceptible to multiple site damage, and actions are
required to ensure that cracking does not occur in the skin-panel-to-
fitting fastener holes, resulting in an unacceptable reduction in
residual strength. Fatigue cracking of the upper and lower rainbow
fittings of the outer wing and skin-panel-to-fitting fastener holes
could result in reduced structural integrity of the airplane and
possible separation of the wing from the airplane.

Relevant Service Information

    We reviewed Lockheed Service Bulletin 382-57-95, including Appendix
A, dated December 16, 2013. This service bulletin describes procedures
for repetitive inspections of the upper and lower rainbow fittings on
the outer wing using an eddy current surface scan (ECSS) to detect
cracks propagating from fasteners attaching the fittings to skin panels
and a related

investigative action of an automated bolt hole eddy current inspection
to confirm ECSS inspection crack findings if suspected; and corrective
actions if necessary. Corrective actions include contacting the
manufacturer for instructions if cracking is found.
    Lockheed Service Bulletin 382-57-95, including Appendix A, dated
December 16, 2013, also describes procedures for replacing the upper
and lower rainbow fittings on the outer wing, which includes doing a
detailed inspection of the wing faying structure for damage (e.g.
damage includes pitting, and corrosion) and cracks; an automated bolt
hole eddy current inspection on all open fastener holes in the mating
structure, stiffeners, webs, and angles for cracking; and corrective
actions if necessary. Corrective actions include repairing damage and
cracking in accordance with Lockheed Service Bulletin 382-57-95,
including Appendix A, dated December 16, 2013; or contacting the
manufacturer for instructions.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between This Proposed AD and the Service
Information.''

Differences Between This Proposed AD and the Service Information

    Lockheed Service Bulletin 382-57-95, including Appendix A, dated
December 16, 2013, specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Lockheed Martin
Corporation/Lockheed Martin Aeronautics Company Designated Engineering
Representative (DER) whom we have authorized to make those findings.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 20 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                             Parts                              Cost on U.S.
              Action                      Labor cost         cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
ECSS inspection...................  24 work-hours x $85          $0  $2,040 per inspection  $40,800 per
                                     per hour = $2,040                cycle.                 inspection cycle.
                                     per inspection cycle.
Bolt hole inspection during         24 work-hours x $85           0  $2,040...............  $40,800.
 rainbow fitting replacement.        per hour = $2,040.
Replacement of all four rainbow     2,060 work-hours x       28,000  $203,100.............  $4,062,000.
 fittings.                           $85 per hour =
                                     $175,100.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of one rainbow fitting...........  515 work-hours x $85 per hour =          $7,000          $50,775
                                                $43,775.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for on-condition actions for cracking of the skin-panel-
to-fitting fastener holes specified in this proposed AD.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company:
Docket No. FAA-2014-0749; Directorate Identifier 2014-NM-051-AD.

(a) Comments Due Date

    We must receive comments by December 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Lockheed Martin Corporation/Lockheed Martin
Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes;
certificated in any category; having any outer wing serial number
4542 and subsequent, or any manufacturing end product (MEP)
replacement outer wing except 14Y series.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the upper and lower rainbow fittings on
the outer wing are subject to widespread fatigue damage (WFD). We
are issuing this AD to prevent fatigue cracking of the upper and
lower rainbow fittings on the outer wing and skin-panel-to-fitting
fastener holes, which could result in reduced structural integrity
of the airplane and possible separation of the wing from the
airplane.

(f) Compliance

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

(g) Repetitive Eddy Current Surface Scan (ECSS) Inspections

    At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Do an ECSS inspection of the left and right outer
wing upper and lower rainbow fitting-to-skin-panel attachments to
detect cracks propagating from fasteners attaching the fittings to
skin panels, and do all applicable related investigative actions, in
accordance with the Accomplishment Instructions of Lockheed Service
Bulletin 382-57-95, including Appendix A, dated December 16, 2013,
except as provided by paragraph (j)(1) of this AD. Do all applicable
related investigative actions before further flight. If any cracking
is found during any inspection required by this paragraph, before
further flight, repair the cracking, using a method approved in
accordance with the procedures specified in paragraph (m) of this
AD. Repeat the inspection of the left and right outer wing upper and
lower rainbow fitting-to-skin-panel attachments thereafter at
intervals not to exceed 2,000 flight hours, except as provided by
paragraph (l) of this AD.
    (1) Before the accumulation of 30,000 total flight hours on any
wing.
    (2) Within 365 days or 600 flight hours, whichever occurs first,
after the effective date of this AD.

(h) Rainbow Fitting Replacement and Inspections

    At the time specified in paragraph (i) of this AD, do the
actions required by paragraph (h)(1) and (h)(2) of this AD.
    (1) Do a detailed inspection of the wing faying structure for
damage and cracks, and do an automated bolt hole eddy current
inspection on all open fastener holes in the mating structure,
stiffeners, webs and angles for cracking, in accordance with the
Accomplishment Instructions of Lockheed Service Bulletin 382-57-95,
including Appendix A, dated December 16, 2013, except as provided by
paragraph (j)(1) of this AD.
    (i) If any damage is found during any inspection required by
paragraph (h)(1) of this AD, before further flight, repair the
damage, using a method approved in accordance with the procedures
specified in paragraph (m) of this AD.
    (ii) If any cracking is found during any inspection required by
paragraph (h)(1) of this AD, before further flight, repair the
cracking, in accordance with the Accomplishment Instructions of
Lockheed Service Bulletin 382-57-95, including Appendix A, dated
December 16, 2013, except as provided by paragraphs (j)(1) and
(j)(2) of this AD.
    (2) Replace the left and right upper and lower rainbow fittings
of the outer wing with new fittings, in accordance with the
Accomplishment Instructions of Lockheed Service Bulletin 382-57-95,
including Appendix A, dated December 16, 2013.

    Note 1 to paragraph (h) of this AD: AD 2012-06-09, Amendment 39-
16990 (77 FR 21404, April 10, 2012), is related to the rainbow
fitting replacement. AD 2012-06-09 references the Lockheed Martin
Model 382, 382B, 382E, 382F, and 382G Series Aircraft Service Manual
Publication (SMP), Supplemental Structural Inspection Document
(SSID), SMP 515-C-SSID, Change 1, dated September 10, 2010; which
contains inspections for the entire Model 382B-H airframe, not just
the outer wing. Since installing new rainbow fittings, as required
by paragraph (g) of this AD, resets the accumulated service life on
certain parts to zero, certain compliance times specified in Table 3
of this SSID would be affected by the installation of new outer wing
fittings.

    Note 2 to paragraph (h) of this AD: AD 2011-15-02, Amendment 39-
16749 (76 FR 41647, July 15, 2011), has requirements for fuel system
limitations (FSLs) and critical design configuration control
limitations (CDCCLs) which might include configuration or parts
limitations on areas affected by accomplishment of this AD.

(i) Compliance Times for Paragraph (h) of This AD

    At the later of the times specified in paragraph (i)(1) and
(i)(2) of this AD, do the actions required by paragraph (h) of this
AD.
    (1) Before the accumulation of 50,000 total flight hours on any
wing.
    (2) Within 60 days or 100 flight hours, whichever occurs first,
after the effective date of this AD.

(j) Exceptions to Service Information Specifications

    (1) Although Lockheed Service Bulletin 382-57-95, including
Appendix A, dated December 16, 2013, specifies to submit certain
information to the manufacturer, this AD does not include that
requirement.
    (2) Where Lockheed Service Bulletin 382-57-95, including
Appendix A, dated December 16, 2013, specifies to contact Lockheed
for repair instructions, before further flight, repair using a
method approved in accordance with the procedures specified in
paragraph (m) of this AD.

 (k) Parts Installation Limitation

    After replacement of the left and right upper and lower rainbow
fittings of the outer wing with new fittings as required by
paragraph (h) of this AD, any subsequent rainbow fitting
replacements must be done using a method approved in accordance with
the procedures specified in paragraph (m) of this AD.

(l) Outer Wing Flight Hours Adjustment

    For any wing on which the left or right upper and lower rainbow
fittings of the outer wing have been replaced with new fittings as
required by paragraph (h) of this AD: Before the accumulation of
30,000 flight hours after accomplishing the replacement, do the
inspection required by paragraph (g) of this

AD and repeat thereafter at the times specified in paragraph (g) of
this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in paragraph
(n)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (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
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company
Designated Engineering Representative (DER) that has been authorized
by the Manager, Atlanta 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.

(n) Related Information

    (1) For more information about this AD, contact Carl Gray,
Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park, GA
30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb
Drive, Marietta, GA 30063; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 23, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-24549 Filed 10-15-14; 8:45 am]
BILLING CODE 4910-13-P