[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22740-22741]
[FR Doc No: 2018-10439]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0120]

Agency Information Collection Activities; Revision of an
Information Collection: Financial Responsibility, Trucking and Freight
Forwarding

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
revision and approval and invites public comment. The ICR is related to
Form BMC-32 titled, ``Endorsement for Household Goods Motor Carrier
Policies of Insurance for Cargo Liability Under 49 U.S.C. 13906.''

DATES: We must receive your comments on or before July 16, 2018.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2018-0120 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC, 20590-0001 between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the Privacy Act heading
below.

    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Jeff Secrist, Office of Registration &
Safety Information, Department of Transportation, Federal Motor Carrier
Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue
SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:
    Background: The Secretary of Transportation (Secretary) is
authorized to register for-hire motor carriers of property and
passengers under the provisions of 49 U.S.C. 13902, surface freight
forwarders under the provisions of 49 U.S.C. 13903, and property
brokers under the provisions of 49 U.S.C. 13904. These persons may
conduct transportation services only if they are registered pursuant to
49 U.S.C. 13901. The Secretary has delegated authority pertaining to
these registration requirements to the FMCSA. The registration remains
valid only if these transportation entities maintain, on file with the
FMCSA, evidence of the required levels of financial responsibility
pursuant to 49 U.S.C. 13906. FMCSA regulations governing the financial
responsibility requirements for these entities are found at 49 CFR part
387. Form BMC-32 is an endorsement that must be attached to cargo
insurance policies, but it is not filed with the FMCSA.
    The Agency is seeking approval for use of Form BMC-32 titled,
``Endorsement for Household Goods Motor Carrier Policies of Insurance
for Cargo Liability Under 49 U.S.C. 13906.'' Previously, Form BMC-32
was included as part of the collection covered by OMB Control Number
2126-0017 (``Financial Responsibility, Trucking and Freight
Forwarding''). The last Notice of OMB Action providing approval of the
BMC-32 form under OMB Control Number 2126-0017 was February 23, 2006,
with an expiration date of February 28, 2009. Because 2126-0017 was
recently renewed without including Form BMC-32, FMCSA is seeking
approval of the form, with the intent of combining this approval with
OMB Control Number 2126-0017.
    Title: Financial Responsibility, Trucking and Freight Forwarding.
    OMB Control Number: 2126-0017.
    Type of Request: Revision of an approved ICR.
    Respondents: Household goods carriers and household goods freight
forwarders.
    Estimated Number of Respondents: 4,773.
    Estimated Time per Response: 10 minutes.
    Expiration Date: May 31, 2020.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 796 hours [4,773 respondents x 10
minutes per response].
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued under the authority of 49 CFR 1.87 on: May 9, 2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2018-10439 Filed 5-15-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: April 25, 2008 (Volume 73, Number 81)]
[Proposed Rules]
[Page 22318-22320]
[DOCID:fr25ap08-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 79

[EPA-HQ-OAR-2007-0071; FRL-8557-7]
RIN 2060-AN94

Regulation of Fuels and Fuel Additives: Revised Definition of
Substantially Similar Rule for Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed interpretive rule.

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SUMMARY: EPA is proposing to revise an interpretive rule defining the
term ``substantially similar'' for unleaded gasoline as that phrase is
used in section 211(f) of the Clean Air Act (the Act). To meet the
current definition, fuel or fuel additives must possess, at the time of
manufacture, all of the physical and chemical characteristics of an
unleaded gasoline as specified in ASTM Standard D 4814-88 for at least
one of the Seasonal and Geographical Volatility Classes specified in
the standard. EPA proposes to amend the definition to allow some
additional flexibility for the vapor/liquid ratio specification for
fuel introduced into commerce in the state of Alaska. In the ``Rules
and Regulations'' section of this Federal Register, we are amending the
``substantially similar'' definition as a direct final rule without a
prior proposed rule. If we receive no adverse comment, we will not take
further action on this proposed rule.

DATES: Comments must be received by May 27, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0071, by mail to Air and Radiation Docket, Environmental
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Comments may also be submitted electronically or
through hand delivery/courier by following the detailed instructions in
the ADDRESSES section of the direct final rule located in the rules
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Compliance and Innovative
Strategies Division, Office of Transportation and Air Quality, Office
of Air and Radiation, Environmental Protection Agency, Mail Code 6406J,
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202)
343-9672; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to revise the ``substantially similar''
interpretive rule. EPA is not statutorily obligated to conduct notice
and comment rulemaking when amending this interpretive rule. See APA
section 553(b)(A); CAA section 307(d). However, as it has done when
previously amending this rule, EPA desires to provide an opportunity
for the public to comment on this amendment. We have published a direct
final rule amending the ``substantially similar'' interpretive rule in
the ``Rules and Regulations'' section of this Federal Register because
we view this as a noncontroversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

II. General Information

A. Does This Action Apply to Me?

    Entities potentially affected by this action include those involved
with the production or importation of unleaded gasoline for use in
Alaska. Categories and entities affected by this action include:

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                   Category                     NAICS codes \a\    SIC codes \b\                 Examples of potentially regulated entities
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Industry.....................................            324110              2911  Petroleum Refiners.
Industry.....................................            422710              5171  Gasoline Marketers and Distributors.
                                                         422720              5172  .....................................................................
Industry.....................................            484220              4212  Gasoline Carriers.
                                                         484230              4213  .....................................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action; however, other types of entities not listed in the table could
also be affected. To determine whether your entity is affected by this
action, you should examine the applicability criteria of Parts 79 and
80 of title 40 of the Code of Federal Regulations. If you have any
question regarding applicability of this action to a particular entity,
consult the person in the preceding FOR FURTHER INFORMATION CONTACT
section.

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

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
    3. Docket Copying Costs. You may be charged a reasonable fee for
photocopying docket materials, as provided by 40 CFR Part 2.

III. Statutory Background

    Section 211(f)(1) of the Act makes it unlawful for any manufacturer
of a fuel or fuel additive to first introduce into commerce, or to
increase the concentration in use of, any fuel or fuel additive for use
in motor vehicles manufactured after model year 1974 which is not
substantially similar to any fuel or fuel additive utilized in the
certification of any model year 1975, or subsequent model year, vehicle
or engine under section 206 of the Act. An EPA interpretive rule,
published at 46 FR 38582 (July 28, 1981) and amended at 56 FR 5352
(February 11, 1991), defines the term ``substantially similar'' for
unleaded gasoline. Under this definition, unleaded gasoline that meets
several conditions, including complying with the physical and chemical
specifications of ASTM Standard D 4814-88 for at least one of the
Seasonal and Geographical Volatility classes specified in the standard,
is considered substantially similar. Further conditions are described
in the interpretive rule and its amendment.

IV. Need for Action

    Discussions with an Alaskan refiner have highlighted the need for
an amendment to the definition of ``substantially similar'' for
unleaded gasoline. Currently, manufacturers of gasoline for Alaska may
not use a temperature below 41 degrees Celsius when testing the vapor-
liquid (V/L) ratio of the fuel and still be within the current
definition of ``substantially similar.'' This amendment would allow
manufacturers producing unleaded gasoline for use only in Alaska during
the winter months to use a minimum test temperature of 35 degrees
Celsius when testing for a maximum V/L ratio of 20 instead of requiring
a V/L test temperature of 41 degrees Celsius.
    ASTM D 2533 is a test method that covers a procedure for measuring
the volume of vapor formed at atmospheric pressure from a given volume
of gasoline. The ratio of these volumes is expressed as the V/L ratio
of the gasoline at the temperature of the test. The tendency of a fuel
to vaporize in common automobile fuel systems is indicated by the V/L
ratio of that fuel at conditions approximating those in critical parts
of the fuel system. Allowing a lower test temperature means that the
vapor fraction of the fuel may be higher.
    The extreme cold of Alaska during the winter months increases the
risk that engines using typical gasoline blends will suffer from
difficulty in cold starting. A higher vapor fraction improves mixing of
the fuel with air, which in turn improves cold starting. Because the
automotive fuel system is closed, the lower test temperature of 35
degrees Celsius compared to 41 degrees Celsius in the winter months is
unlikely to significantly increase evaporative emissions. In addition,
Alaska presently does not possess ozone non-attainment areas, most
likely due to the cold temperatures observed in Alaska. Therefore, in
the Agency's judgment, the impact on emissions would not be significant
and this increased flexibility will allow refiners to provide a fuel
more suitable to the climatic conditions of Alaska.
    EPA invites comment from all interested parties on this proposed
interpretive rule revision.

V. Statutory and Executive Order Reviews

    See Section V in the direct final rule amending the ``substantially
similar'' interpretive rule in the ``Rules and Regulations'' section of
this Federal Register for a discussion of the applicable statutes and
executive orders.

    Dated: April 17, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons set forth above, EPA proposes to amend the
definition of substantially similar as follows:

Definition--Substantially Similar

    EPA will treat a fuel or fuel additive for general use in light-
duty vehicles manufactured after model year 1974 as substantially
similar to any fuel or fuel additive utilized in the certification of
any model year 1975, or subsequent model year vehicle or engine, under
section 206 of the Act, i.e., ``substantially similar,'' if the
following criteria are met.
    (1) The fuel must contain carbon, hydrogen, and oxygen, nitrogen,
and/or sulfur, exclusively,\1\ in the form of some combination of the
following:
---------------------------------------------------------------------------

    \1\ Impurities which produce gaseous combustion products (i.e.,
products which exist as a gas at Standard Temperature and Pressure)
may be present in the fuel at trace levels. An impurity is that
substance which is present through contamination, or remains
naturally, after processing of the fuel is completed.
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    (a) Hydrocarbons;
    (b) Aliphatic ethers;
    (c) Aliphatic alcohols other than methanol;
    (d) (i) Up to 0.3 percent methanol by volume;
    (ii) Up to 2.75 percent methanol by volume with an equal volume of
butanol, or higher molecular weight alcohol;
    (e) A fuel additive \2\ at a concentration of no more than 0.25
percent by weight which contributes no more than 15 ppm sulfur by
weight to the fuel.
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    \2\ For the purposes of this interpretive rule, the term ``fuel
additive'' refers only to that part of the additive package which is
not hydrocarbon.
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    (2) The fuel must contain no more than 2.0 percent oxygen by
weight, except fuels containing aliphatic ethers and/or alcohols
(excluding methanol) must contain no more than 2.7 percent oxygen by
weight.
    (3) The fuel must possess, at the time of manufacture, all of the
physical and chemical characteristics of an unleaded gasoline as
specified in ASTM Standard D 4814-88 for at least one of the Seasonal
and Geographical Volatility Classes specified in the standard, with the
exception of fuel introduced into commerce in the state of Alaska. For
fuel introduced into commerce in the state of Alaska, all of the
requirements of this section (3) apply, with the exception of the test
temperature for a maximum Vapor/Liquid Ratio (V/L) of 20, which shall
be a minimum of 35[deg]C (95[deg]F) for the period from September 16
through May 31.
    (4) The fuel additive must contain only carbon, hydrogen, and any
one or all of the following elements: Oxygen, nitrogen, and/or
sulfur.\3\
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    \3\ Impurities which produce gaseous combustion products may be
present in the fuel additive at trace levels.

 [FR Doc. E8-8945 Filed 4-24-08; 8:45 am]

BILLING CODE 6560-50-P


Georgia Department of Natural Resources Environmental Protection Division, Air Protection Branch 4244 International Parkway, Suite 120, Atlanta, Georgia 30354 404/ 363 7000 Noel Holcomb, Commissioner Carol A. Couch, Ph. D. Director Comments: Staff Work Paper on the Use of Air Quality Data Related to Exceptional and Natural Events for the Particulate Matter Standards.

Section 5 Submittal of documentation related to flagged data.

The staff paper states that the documentation supplied to EPA must be sufficient to demonstrate compelling reasons for EPA to concur with the Exceptional or Natural Event flag. In addition, the paper provided a list of suggested types of analyses to be included in the documentation ( trajectory analysis, filter analysis, meteorological data, modeling, source receptor analysis, videos of the event, satellite images, maps of the area showing sources of emissions and the area affected by the event, as well as news accounts of the event). However, when similar sets of documentation are provided to different Regional Administrators, different outcomes occur. Therefore, instead of a laundry list of items to be included in the justification, EPA should come to a consensus and identify the key issues involved in making a concurrence judgment. For each key issue a list of possible analyses useful for providing the supporting evidence to sufficiently address that issue should be provided. The EPA document should indicate why the particular analysis is relevant for it to make the judgment for concurrence. In addition, each item should identify the expected outcome that is deemed consistent with the concurrence flag. If, for some reason, it is not possible to supply one of the suggested evidentiary analyses ( ex. satellite imagery not available due to cloud cover) then state/ local/ tribal agency must supply documentation of the reason. The State, Local, and Tribal entities should be allowed to perform the set of analyses that is most appropriate based on the available databases for the key issues being addressed. Analysis results for each of the key issues should be considered and used to make a determination on how the preponderance of information from each set of results is consistent with the flagging.

In addition to the data analysis discussion, documentation including a description of the data used to support each analysis such as identification of air quality models, statistical models, or analytical techniques used; outcome of each analysis and whether it is consistent with the flagging hypothesis, assessment of the credibility of each type of analysis used, and a narrative describing the rational used to conclude that the weight of evidence supports a conclusion that the data should be flagged must be included.

As with other analyses required for EPA ( eg. Mid Course Review), it takes time to perform the required analyses to address the various key issues. The staff paper suggests that the flagging package is to be submitted within 60 days of the end of the quarter. There are several problems associated with this deadline; the data from routine laboratory analyses for the speciation sites are conducted at an EPA funded contract laboratory. The data is not available for use in data analysis for approximately 90 days after the sampling event, making the 60 day requirement for documentation submittal unreasonable. In addition, the State/ Local/ Tribal agencies must rely on alternative non EPA networks ( IMPROVE, research networks) for chemical data due to the limited number of EPA speciation sites nationwide. However, data form these sources are not commonly available for one or more years after the sampling event making it impossible to meet the deadline for submittal. Finally, the 60 day requirement will not allow sufficient time to develop supporting non routine chemical analysis such levoglucosan analysis.

Section 5 also suggests that solicitation of stakeholder feedback should be included in the flagging process. However, the 60 day deadline makes it unrealistic for completing the public comment process. The public comment process is a minimum of 45 days including posting the notice to the media, collecting comments for 30 days and then supplying a reply.

Footnote 7, Indicates that the Regional Office may consult the appropriate OAQPS program office for a resolution of disagreements between State, Local, and Tribal entities. It is suggested that instead of EPA resolving the dispute between EPA and the reporting agencies over flagging, that the dispute resolution should be handled by a consortium of representatives from the Regional office, the appropriate OAQPS program office and representatives from the regional state, local, tribal agencies.

The comments found above for section 5 are also applicable to section 6.11 and section 7.


[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Page 86768]
[FR Doc No: 2016-28887]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Applicability of National Environmental Policy Act (NEPA) to
Federal Aviation Administration (FAA) Review of Airport Wildlife Hazard
Management Plans

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments, extension of comment period.

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SUMMARY: FAA is extending the comment period on a Notice published in
the Federal Register of October 19, 2016, entitled ``Applicability of
National Environmental Policy Act (NEPA) to Federal Aviation
Administration (FAA) Review of Airport Wildlife Hazard Management
Plans.'' In that notice, the FAA requested comments be received by
November 18, 2016.

DATES: The comment period for the Notice published October 19, 2016 (81
FR 72145), is extended until January 17, 2017.

ADDRESSES: Send comments identified by docket number to FAA-2016-9284
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Elliott Black, Director, Office of
Airport Planning and Programming, Federal Aviation Administration, 800
Independence Ave. SW., Washington, DC 20591. Telephone<PHONE_NUMBER>.
Email Address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

History

    A Notice published in the Federal Register (81 FR 72145, October
19, 2016), entitled ``Applicability of National Environmental Policy
Act (NEPA) to Federal Aviation Administration (FAA) Review of Airport
Wildlife Hazard Management Plans'' requested clarification of Wildlife
Hazard Management Plan (WHMP) Program and Policy Guidance Letter 92
issued in 2006. The clarification concerns how federal environmental
laws apply to FAA approval of a new or updated WHMP.
    The notice requested that interested parties submit written
comments by November 18, 2016. On November 18, 2016, an airport
industry association requested an extension to the comment period.
After careful consideration, the FAA has decided to extend the comment
period until January 17, 2017.

    Issued in Washington, DC, on November 23, 2016.
Elliott Black,
Director, Office of Airport Planning and Programming.
[FR Doc. 2016-28887 Filed 11-30-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55610-55614]
[FR Doc No: 2018-23822]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0510; Product Identifier 2017-NM-115-AD; Amendment
39-19483; AD 2018-22-10]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2016-04-16,
which applied to all The Boeing Company Model DC-10-10, DC-10-10F, DC-
10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F,
MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. AD 2016-04-16
required adding design features to detect electrical faults and to
detect a pump running in an empty fuel tank. This AD continues to
require adding design features to detect electrical faults and to
detect a pump running in an empty fuel tank. This AD also provides
optional terminating action for certain requirements. This AD was
prompted by a fuel system review conducted by the manufacturer. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 12, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 12,
2018.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of April
15, 2016 (81 FR 12806, March 11, 2016).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0510.

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-2018-
0510; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, 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: Serj Harutunian, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2016-04-16, Amendment 39-18410 (81 FR 12806,
March 11, 2016) (``AD 2016-04-16''). AD 2016-04-16 applied to all The
Boeing Company Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11,
and MD-11F airplanes. The NPRM published in the Federal Register on
June 14, 2018 (83 FR 27718). The NPRM was prompted by a fuel system
review conducted by the manufacturer and a determination that
accomplishing new service information in conjunction with certain
service information specified in AD 2016-04-16 would terminate certain
actions in related ADs. The NPRM proposed to continue to require adding
design features to detect electrical faults and to detect a pump
running in an empty fuel tank. The NPRM also proposed to provide
optional terminating action for certain requirements. We are issuing
this AD to address the potential of ignition sources inside fuel tanks,
which, in combination with flammable fuel vapors, could result in fuel
tank explosions and consequent loss of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Support for the NPRM

    FedEx Express (FedEx) and Air Line Pilots Association,
International (ALPA) provided their concurrence with the NPRM. FedEx
also pointed out that the NPRM affects 39 Model MD-10 airplanes and 57
Model MD-11 airplanes in the FedEx fleet.

Request To Clarify the Terminating Action Specified in Paragraph (k) of
the Proposed AD

    Boeing requested that we clarify the terminating action specified
in paragraph (k) of the proposed AD. Boeing agreed that the repetitive
inspections and tests may be terminated upon installation of the new
connector design per the Boeing service bulletins cited in paragraph
(k) of the proposed AD (Boeing Service Bulletin DC10-28-264, dated May
15, 2015; and Boeing Service Bulletin MD11-28-146, dated May 15, 2015).
Boeing noted that those service bulletins were approved by the Manager,
Los Angeles ACO Branch. Boeing added that those service bulletins also
specify an additional condition for the terminating actions: the fault
current detectors cited in paragraphs (h)(1)(ii) and (h)(2)(ii) of the
proposed AD must also be installed before the repetitive actions are
terminated. Boeing recommended that paragraph (k) of the proposed AD be
revised to clarify that the fault current detectors must be installed
per paragraphs (h)(1)(ii) and (h)(2)(ii) of the proposed AD in order to
accomplish the terminating action per the Boeing service bulletins
cited in paragraph (k) of the proposed AD.
    We agree with the commenter's request. Paragraph F., ``Approval,''
of Boeing Service Bulletin DC10-28-264, dated May 15, 2015; and Boeing
Service Bulletin MD11-28-146, dated May 15, 2015, specifies that the
actions in those service bulletins as well as the service bulletins
specified in paragraphs (h)(1)(ii) and (h)(2)(ii) of this AD terminate
the actions required by paragraph (a) of AD 2002-13-10, Amendment 39-
12798 (67 FR 45053, July 8, 2002) (``AD 2002-13-10''), paragraph (a) of
AD 2003-07-14, Amendment 39-13110 (68 FR 17544, April 10, 2003) (``AD
2003-07-14''), and paragraph (j) of AD 2011-11-05, Amendment 39-16704
(76 FR 31462, June 1, 2011) (``AD 2011-11-05''). We have revised
paragraph (k) of this AD accordingly.

Request To Withdraw the NPRM

    United Parcel Service (UPS) requested that we withdraw the NPRM.
UPS pointed out that the NPRM includes no

new requirements or information. UPS indicated that no new requirements
or actions would create an undue burden on operators because existing
internal paperwork and records must then be revised to provide proof of
compliance.
    We acknowledge the commenter's concerns; however, we disagree with
the request to withdraw the NPRM. AD 2003-07-14 was affected by AD
2016-04-16 but was inadvertently left out of AD 2016-04-16. This AD
corrects that oversight and includes AD 2003-07-14 as an affected AD.
Additionally, this AD provides new optional terminating actions that
affect AD 2003-07-14 as well as AD 2002-13-10 and AD 2011-11-05.

Request To Include Updated Service Information

    UPS requested that we revise the NPRM to include a later revision
of Boeing Trijet Special Compliance Item Report MDC-02K1003. UPS
pointed out that the new fuel pump housing assembly that is created by
installation of the new connectors was not added until Revision N of
Boeing Trijet Special Compliance Item Report MDC-02K1003. Additionally,
UPS mentioned that Revision R of Boeing Trijet Special Compliance Item
Report MDC-02K1003 was in the approval process at the time the comment
was submitted.
    We agree with the request to include the latest published version
of Boeing Trijet Special Compliance Item Report MDC-02K1003. We
referred to Boeing Trijet Special Compliance Item Report MDC-02K1003,
Revision M, including Appendices A through D, dated July 25, 2014, as
an appropriate source of service information in the NPRM. Revision R of
Boeing Trijet Special Compliance Item Report MDC-02K1003, including
Appendices A through D, dated May 9, 2018, includes new part numbers
for Critical Design Configuration Control Limitation (CDCCL) 28-2 and
updates certain special compliance items to include additional
procedures for airplanes with a certain configuration. We have added
paragraph (l) to this AD to include Revision R of Boeing Trijet Special
Compliance Item Report MDC-02K1003, including Appendices B through D,
dated May 9, 2018, as an optional revision to paragraph (h)(3) of this
AD, and we have redesignated subsequent paragraphs accordingly. We are
considering further rulemaking to require revising the maintenance or
inspection program to include Revision R of Boeing Trijet Special
Compliance Item Report MDC-02K1003, including Appendices B through D,
dated May 9, 2018.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously, and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Boeing service information.
     Boeing Alert Service Bulletin DC10-28A253, dated June 5,
2014; and Boeing Alert Service Bulletin MD11-28A133, dated June 5,
2014. This service information describes procedures for replacing the
fuel pump control relays with fault current detectors and changing the
fuel tank boost/transfer pump wire termination. These documents are
distinct since they apply to different airplane models.
     Boeing Service Bulletin DC10-28-256, dated June 24, 2014;
and Boeing Service Bulletin MD11-28-137, dated June 24, 2014. This
service information describes procedures for changing the fuel pump
control and indication system wiring. These documents are distinct
since they apply to different airplane models.
     Boeing Trijet Special Compliance Item Report MDC-02K1003,
Revision M, including Appendices A through D, dated July 25, 2014; and
Boeing Trijet Special Compliance Item Report MDC-02K1003, Revision R,
including Appendices A through D, dated May 9, 2018; which include
CDCCLs, ALIs, and short-term extensions in Appendices B, C, and D,
respectively. This service information describes fuel ALIs that address
ignition sources. These documents are distinct since Revision R
includes additional requirements.
     Boeing Service Bulletin DC10-28-264, dated May 15, 2015,
and Boeing Service Bulletin MD11-28-146, dated May 15, 2015. This
service information describes procedures for replacement of the fuel
pump housing electrical connector, associated wires, fuel tank feed-
through components, and installing sealed terminal lugs on the fuel
pump wiring, or replacement of the fuel pump housing, associated wires,
fuel tank feed-through components, and installing sealed terminal lugs
on the fuel pump. These documents are distinct since they apply to
different airplane models.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 341 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installing design features using a      152 work-hours x $85 per        $137,500        $150,420    $51,293,220.
 method approved by the FAA (retained    hour = $12,920.
 actions from AD 2016[dash]04[dash]16).
Installing design features using        98 work-hours x $85 per          109,000         117,330     40,009,530.
 service information (retained           hour = $8,330.
 optional actions from AD
 2016[dash]04[dash]16).
----------------------------------------------------------------------------------------------------------------

                                Estimated Costs for Optional Terminating Actions
----------------------------------------------------------------------------------------------------------------
              Action                    Labor cost                 Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Option 1: Replace connectors for   68 work-hours x $85   $54,842......................  $60,622.
 Model DC-10 and MD-10 (122         per hour = $5,780.
 airplanes).
Option 1: Replace connectors for   59 work-hours x $85   $67,031......................  $72,046.
 Model MD-11 (124 airplanes).       per hour = $5,015.
Option 2: Replace fuel pump        Up to 81 work-hours   Up to $54,842................  Up to $61,727.
 housings for Model DC-10 and MD-   x $85 per hour =
 10 (122 airplanes).                $6,885.
Option 2: Replace fuel pump        Up to 77 work-hours   Up to $67,031................  Up to $73,576.
 housings for Model MD-11 (124      x $85 per hour =
 airplanes).                        $6,545.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2016-04-16, Amendment 39-18410 (81 FR 12806, March 11, 2016), and
adding the following new AD:

2018-22-10 The Boeing Company: Amendment 39-19483; Docket No. FAA-
2018-0510; Product Identifier 2017-NM-115-AD.

(a) Effective Date

    This AD is effective December 12, 2018.

(b) Affected ADs

    (1) This AD replaces AD 2016-04-16, Amendment 39-18410 (81 FR
12806, March 11, 2016) (``AD 2016-04-16'').
    (2) This AD affects AD 2002-13-10, Amendment 39-12798 (67 FR
45053, July 8, 2002) (``AD 2002-13-10'').
    (3) This AD affects AD 2003-07-14, Amendment 39-13110 (68 FR
17544, April 10, 2003) (``AD 2003-07-14'').
    (4) This AD affects AD 2008-06-21 R1, Amendment 39-16100 (74 FR
61504, November 25, 2009) (``AD 2008-06-21 R1'').
    (5) This AD affects AD 2011-11-05, Amendment 39-16704 (76 FR
31462, June 1, 2011) (``AD 2011-11-05'').

(c) Applicability

    This AD applies to all The Boeing Company airplanes identified
in paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
    (1) Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes.
    (2) Model MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a fuel system review conducted by the
manufacturer. We are issuing this AD to address the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

(f) Compliance

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

(g) Restatement of Paragraph (g) of AD 2016-04-16, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2016-04-16, with no changes. Except as provided by paragraph (h) of
this AD: As of 48 months after April 15, 2016 (the effective date of
AD 2016-04-16), no person may operate any airplane affected by this
AD unless an amended type certificate or supplemental type
certificate that incorporates the design features and requirements
described in paragraphs (g)(1) through (g)(4) of this AD has been
approved by the Manager, Los Angeles ACO Branch, FAA, and those
design features are installed on the airplane to meet the criteria
specified in section 25.981(a) and (d) of the Federal Aviation
Regulations (14 CFR 25.981(a) and (d), at Amendment 25-125 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgFAR.nsf/0/339DAEE3E0A6379D862574CF00641951?OpenDocument)). For airplanes on
which Boeing-installed auxiliary fuel tanks are

removed, the actions specified in this AD for the auxiliary fuel
tanks are not required.
    (1) For all airplanes: Each electrically powered alternating
current (AC) fuel pump installed in any fuel tank that normally
empties during flight and each pump that is partially covered by a
lowering fuel level--such as main tanks, center wing tanks,
auxiliary fuel tanks installed by the airplane manufacturer, and
tail tanks--must have a protective device installed to detect
electrical faults that can cause arcing and burn through of the fuel
pump housing and pump electrical connector. The same device must
shut off the pump by automatically removing electrical power from
the pump when such faults are detected. When a fuel pump is shut off
resulting from detection of an electrical fault, the device must
stay latched off, until the fault is cleared through maintenance
action and the pump is verified safe for operation.
    (2) For airplanes with a 2-person flightcrew: Additional design
features, if not originally installed by the airplane manufacturer,
must be installed to meet 3 criteria: To detect a running fuel pump
in a tank that is normally emptied during flight, to provide an
indication to the flightcrew that the tank is empty, and to
automatically shut off that fuel pump. The prospective pump
indication and shutoff system must automatically shut off each pump
in case the flightcrew does not shut off a pump running dry in an
empty tank within 60 seconds after each fuel tank is emptied. An
airplane flight manual supplement (AFMS) that includes flightcrew
manual pump shutoff procedures in the Limitations section of the
AFMS must be submitted to the Los Angeles ACO Branch, FAA, for
approval.
    (3) For airplanes with a 3-person flightcrew: Additional design
features, if not originally installed by the airplane manufacturer,
must be installed to detect when a fuel pump in a tank that is
normally emptied during flight is running in an empty fuel tank, and
to provide an indication to the flightcrew that the tank is empty.
The flight engineer must manually shut off each pump running dry in
an empty tank within 60 seconds after the tank is emptied. The AFMS
Limitations section must be revised to specify that this pump
shutoff must be done by the flight engineer.
    (4) For all airplanes with tanks that normally empty during
flight: Separate means must be provided to detect and shut off a
pump that was previously commanded to be shut off automatically or
manually but remained running in an empty tank during flight.

(h) Restatement of Paragraph (h) of AD 2016-04-16, With No Changes

    This paragraph restates the provisions of paragraph (h) of AD
2016-04-16, with no changes. In lieu of doing the requirements of
paragraph (g) of this AD, do the applicable actions specified in
paragraphs (h)(1), (h)(2), and (h)(3) of this AD.
    (1) For MD-11 and MD-11F airplanes: Do the actions specified in
paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
    (i) As of 48 months after April 15, 2016 (the effective date of
AD 2016-04-16), change the fuel pump control and indication system
wiring, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin MD11-28-137, dated June 24, 2014.
    (ii) Prior to or concurrently with accomplishing the actions
specified in paragraph (h)(1)(i) of this AD: Replace the fuel pump
control relays with fault current detectors, and change the fuel
tank boost/transfer pump wire termination, in accordance with
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
28A133, dated June 5, 2014.
    (2) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F
airplanes: Do the actions specified in paragraphs (h)(2)(i) and
(h)(2)(ii) of this AD.
    (i) As of 48 months after April 15, 2016 (the effective date of
AD 2016-04-16), change the fuel pump control and indication system
wiring, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin DC10-28-256, dated June 24, 2014.
    (ii) Prior to or concurrently with accomplishing the actions
specified in paragraph (h)(2)(i) of this AD: Replace the fuel pump
control relays with fault current detectors, and change the fuel
tank boost/transfer pump wire termination, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin DC10-
28A253, dated June 5, 2014.
    (3) For all airplanes: Within 30 days after accomplishing the
actions required by paragraph (h)(1) or (h)(2) of this AD, or within
30 days after April 15, 2016 (the effective date of AD 2016-04-16),
whichever occurs later, revise the maintenance or inspection
program, as applicable, to incorporate the Critical Design
Configuration Control Limitations (CDCCLs), Airworthiness Limitation
Instructions (ALIs), and short-term extensions specified in
Appendices B, C, and D of Boeing Trijet Special Compliance Item
(SCI) Report MDC-02K1003, Revision M, dated July 25, 2014. The
initial compliance time for accomplishing the actions specified in
the ALIs is at the later of the times specified in paragraphs
(h)(3)(i) and (h)(3)(ii) of this AD. Revising the maintenance or
inspection program required by this paragraph terminates the
requirements in paragraphs (g) and (h) of AD 2008-06-21 R1.
    (i) At the applicable time specified in Appendix C of Boeing
Trijet SCI Report MDC-02K1003, Revision M, dated July 25, 2014,
except as provided by Appendix D of Boeing Trijet SCI Report MDC-
02K1003, Revision M, dated July 25, 2014.
    (ii) Within 30 days after accomplishing the actions required by
paragraph (h)(1) or (h)(2) of this AD, as applicable; or within 30
days after April 15, 2016 (the effective date of AD 2016-04-16);
whichever occurs later.

(i) Restatement of Paragraph (i) of AD 2016-04-16, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2016-04-16, with no changes. If the option in paragraph (h)(3) of
this AD is accomplished: After the maintenance or inspection program
has been revised as provided by paragraph (h)(3) of this AD, no
alternative actions (e.g., inspections), intervals, or CDCCLs may be
used unless the actions, intervals, or CDCCLs are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (m) of this AD.

(j) Restatement of Paragraph (j) of AD 2016-04-16, With Additional AD
Reference and Clarification of Provisions

    This paragraph restates the provisions of paragraph (j) of AD
2016-04-16, with an additional AD reference and clarification of the
provisions. Accomplishment of the actions specified in paragraphs
(h)(1), (h)(2), and (h)(3) of this AD, as applicable, extends the
18-month interval for the repetitive inspections and tests required
by paragraph (a) of AD 2002-13-10; the 18-month interval for the
repetitive inspections required by paragraph (a) of AD 2003-07-14;
and the 18-month interval for the repetitive inspections required by
paragraph (j) of AD 2011-11-05; to 24-month intervals for pumps
affected by those ADs, regardless if the pump is installed in a tank
that normally empties, provided the remaining actions required by
those three ADs have been accomplished.

(k) New Provision of This AD: Optional Terminating Action

    For airplanes on which the actions specified in paragraph
(h)(1)(ii) or (h)(2)(ii) have been done: Replacing the electrical
connectors or fuel pump housing in accordance with the
Accomplishment Instructions of Boeing Service Bulletin DC10-28-264,
dated May 15, 2015; or Boeing Service Bulletin MD11-28-146, dated
May 15, 2015, as applicable; terminates the repetitive inspections
and tests required by paragraph (a) of AD 2002-13-10, paragraph (a)
of AD 2003-07-14, and paragraph (j) of AD 2011-11-05.

(l) New Provision of This AD: Optional Revision

    (1) In lieu of accomplishing the revision specified in paragraph
(h)(3) of this AD: Within the compliance time specified in paragraph
(h)(3) of this AD, operators may revise the maintenance or
inspection program, as applicable, to incorporate the CDCCLs, ALIs,
and short-term extensions specified in Appendices B, C, and D of
Boeing Trijet Special Compliance Item Report MDC-02K1003, Revision
R, dated May 9, 2018. The initial compliance time for accomplishing
the actions specified in the ALIs is at the later of the times
specified in paragraphs (l)(1)(i) and (l)(1)(ii) of this AD.
Revising the maintenance or inspection program specified in this
paragraph terminates the requirements in paragraphs (g) and (h) of
AD 2008-06-21 R1.
    (i) At the applicable time specified in Appendix C of Boeing
Trijet Special Compliance Item Report MDC-02K1003, Revision R, dated
May 9, 2018, except as provided by Appendix D of Boeing Trijet
Special Compliance Item Report MDC-02K1003, Revision R, dated May 9,
2018.
    (ii) Within 30 days after accomplishing the actions required by
paragraph (h)(1) or (h)(2)

of this AD, as applicable; or within 30 days after the effective
date of this AD; whichever occurs later.
    (2) If the optional revision specified in paragraph (l)(1) of
this AD is accomplished: After the maintenance or inspection program
has been revised as provided by paragraph (1)(1) of this AD, no
alternative actions (e.g., inspections), intervals, or CDCCLs may be
used unless the actions, intervals, or CDCCLs are approved as an
AMOC in accordance with the procedures specified in paragraph (m) of
this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 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 certification office, send it to the attention of
the person identified in paragraph (n) of this AD. Information may
be emailed to: [email protected].
    (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, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(m)(4)(i) and (m)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(n) Related Information

    For more information about this AD, contact Serj Harutunian,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5254; fax:<PHONE_NUMBER>; email: [email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 12, 2018.
    (i) Boeing Service Bulletin DC10-28-264, dated May 15, 2015.
    (ii) Boeing Service Bulletin MD11-28-146, dated May 15, 2015.
    (iii) Boeing Trijet Special Compliance Item Report MDC-02K1003,
Revision R, including Appendices A through D, dated May 9, 2018.
    (4) The following service information was approved for IBR on
April 15, 2016 (81 FR 12806, March 11, 2016).
    (i) Boeing Alert Service Bulletin DC10-28A253, dated June 5,
2014.
    (ii) Boeing Service Bulletin DC10-28-256, dated June 24, 2014.
    (iii) Boeing Alert Service Bulletin MD11-28A133, dated June 5,
2014.
    (iv) Boeing Service Bulletin MD11-28-137, dated June 24, 2014.
    (v) Boeing Trijet Special Compliance Item Report MDC-02K1003,
Revision M, including Appendices A through D, dated July 25, 2014.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com.
    (6) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 24, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-23822 Filed 11-6-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Notices]
[Pages 75557-75559]
[FR Doc No: 2013-29600]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF13-11-000]

CE FLNG, LLC, CE Pipeline, LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Planned CE FLNG Project, Request
for Comments on Environmental Issues, and Notice of Public Scoping
Meeting

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the CE FLNG Project involving
construction and operation of liquefied natural gas (LNG) export, and
interstate natural gas transmission pipeline facilities by CE FLNG, LLC
and CE Pipeline, LLC (collectively referred to as CE FLNG) in
Plaquemines Parish, Louisiana. The Commission will use this EIS in its
decision-making process to determine whether to authorize the LNG
facilities. The Commission will also use this EIS to help determine
whether the pipeline facilities are in the public convenience and
necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about the project. Your input will help the Commission's staff
determine what issues need to be evaluated in the EIS. Please note that
the scoping period will close on January 6, 2014.
    Comments about the project may be submitted in writing or verbally.
The Public Participation section of this notice describes how to submit
written comments. Verbal comments can be provided at the public scoping
meeting scheduled as follows: FERC Public Scoping Meeting, CE FLNG
Project, Wednesday--December 18, 2013--6:00 p.m., Buras Auditorium,
35619 Highway 11, Buras, Louisiana 70041.
    CE FLNG representatives will be available at 5:30 p.m. to provide
information and answer questions about the project.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this project and
encourage them to comment about their concerns.
    If you are a landowner receiving this notice, a CE FLNG
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the natural gas transmission pipeline
facilities. The company would seek to negotiate a mutually acceptable
agreement. However, if the Commission approves the facilities, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, a condemnation
proceeding could be initiated in a federal or state court where
compensation would be determined in accordance with state law.
    The ``For Citizens'' section of the FERC Web site (www.ferc.gov)
provides more information about the FERC, the environmental review
process, and LNG. This section also includes information about getting
involved in FERC jurisdictional projects, and a citizens' guide
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need to Know?'' This guide addresses a number of frequently-asked
questions including the use of eminent domain and how to participate in
the Commission's proceedings.

Summary of the Planned Project

    CE FLNG plans to construct and operate a LNG export terminal, and
approximately 37 miles of 42-inch-diameter natural gas transmission
pipeline in Plaquemines Parish, Louisiana. The LNG terminal would be
located along the east bank of the Mississippi River at approximately
mile marker 12.5, northeast of the community of Venice. CE FLNG plans
to moor two self-propelled, natural gas liquefaction, storage, and
offloading vessels at the terminal. The floating LNG (FLNG) vessels
would each be about 1,100 feet long, 180 feet wide, and extend up to 80
feet above the waterline. The FLNG vessels would be capable of
producing up to 8 million tons per annum of LNG and storing 250,000
cubic meters of LNG.
    Approximately 80 to 130 LNG carriers (LNGC), with cargo capacities
ranging from 125,000 to 170,000 cubic meters, would call upon the
terminal each year during operation. CE FLNG plans to use tug boats to
maneuver the FLNG vessels and LNGCs. During storm events, the vessels
could leave the terminal for the Gulf of Mexico. A CE FLNG office would
be located at the Venice Port Complex, and the tug boats would operate
out of that port.
    The planned transmission pipeline would connect the terminal to
existing natural gas infrastructure facilities. The northern terminus
of the pipeline would connect with a Tennessee Gas Pipeline Company
pipeline and the southern pipeline terminus would connect with the
Targa Gas Plant and Gulf South Pipeline Company, Texas Eastern
Transmission Company, and Columbia Gulf Transmission pipelines.
    The general locations of the planned facilities are shown in
Appendix 1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, (202)
502-8371. For instructions on using eLibrary, refer to the last page
of this notice.
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Land Requirements

    Constructing the LNG terminal along the east bank of the
Mississippi River would require dredging approximately 125 acres of
wetlands/open water. Additional lands and waters could be impacted by
the establishment of safety zones for operation of the LNG terminal and
LNGCs calling on the terminal. Any safety zones would be established by
the U.S. Coast Guard-New Orleans Sector (Coast Guard) following a
review of safety and security issues. CE FLNG is currently evaluating
potential sites for dredge material placement. Dredge disposal would be
authorized by the U.S. Army Corps of Engineers-New Orleans District
(USACOE). Constructing the pipeline would require the temporary use of
approximately 900 acres of wetland/open water, and the permanent use of
approximately 225 acres of wetland/open water to maintain and operate
the pipeline.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of an Order
Granting Section 3 Authorization, and a Certificate of Public
Convenience and Necessity under Section 7 of the Natural Gas Act (NGA).
The NEPA also requires us \2\ to discover and address concerns the
public may have about proposals. This discovery process is commonly
referred to as scoping. The main goal of the scoping process is to
focus the analysis in the EIS on the important environmental issues. By
this notice, the Commission requests public comments on the scope of
the issues to be addressed in the EIS. All comments received will be
considered during the

preparation of the EIS, and addressed as appropriate.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EIS we will describe the impacts that could occur as a
result of constructing and operating the planned project under these
general headings:
     Geology and soils;
     water resources and wetlands;
     vegetation, fisheries and wildlife;
     threatened and endangered species;
     socioeconomics;
     land use and aesthetics;
     cultural resources;
     air quality and noise;
     public safety;
     navigation; and
     cumulative impacts.
    We will also evaluate possible alternatives to the project or
portions of the project, and make recommendations on how to lessen or
avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have contacted several federal agencies and will also contact state
agencies to discuss their involvement in the scoping process and the
preparation of an EIS.
    The EIS will present our independent analysis of the issues. We
will publish and distribute a draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section below.
    The FERC is the lead federal agency in preparing the EIS to satisfy
the requirements of the NEPA. With this notice, we are asking agencies
with jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate with
us in the preparation of the EIS.\3\ Agencies that would like to
request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, 1501.6.
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    Currently, the U.S. Department of Energy-Office of Fossil Energy
(DOE), the USACOE, and the Coast Guard have expressed their intention
to participate as cooperating agencies in the preparation of the EIS to
satisfy their NEPA responsibilities related to this project. The USACOE
has jurisdictional authority pursuant to Section 404 of the Clean Water
Act, which governs the discharge of dredged or fill material into
waters of the United States, and Section 10 of the Rivers and Harbors
Act, which regulates any work or structures that potentially affect the
navigability of a waterway. The Coast Guard is the federal agency
responsible for determining the suitability of waterways for LNG marine
traffic. The Coast Guard exercises regulatory authority over LNG
facilities that affect the safety and security of port areas and
navigable waterways under Executive Order 10173, the Magnuson Act, the
Ports and Waterways Safety Act, and the Maritime Transportation
Security Act.

Involvement of U.S. Department of Energy

    Under Section 3 of the NGA, the DOE would authorize applications to
export natural gas, including LNG, unless it finds that the proposed
export would not be consistent with the public interest. The purpose
and need for DOE action is to respond to the application filed by CE
FLNG on September 21, 2012 with the DOE (FE Docket No. 12-123-LNG),
seeking authorization to export 1.07 billion cubic feet per day of
domestic natural gas as LNG. CE FLNG requested to export LNG from its
proposed terminal in Plaquemines Parish, Louisiana for a 30-year period
commencing from the earlier of the date of first export or ten years
from the date that the requested authorization was issued to any
country: (1) That has, or in the future develops, the capacity to
import LNG; and (2) with which trade is not prohibited by U.S. law or
policy.

Notice of Floodplain Involvement

    Because the planned project would involve actions in floodplains,
in accordance with Title 10 of the Code of Federal Regulations, Part
1022, Compliance With Floodplain and Wetland Environmental Review
Requirements, the EIS will include a floodplain assessment, as
appropriate, and a floodplain statement of findings will be included in
any DOE finding of no significant impact.

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
regulations implementing Section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultations
with the Louisiana State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ Staff will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project is
more fully developed. For natural gas projects, the APE usually
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, access roads,
and aboveground facilities). The EIS will document our findings on
project-related effects on historic properties and summarize the status
of Section 106 consultations.
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    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
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Currently Identified Environmental Issues

    Based on our preliminary review of the planned facilities and
information provided by CE FLNG, we have identified several issues that
we think deserve attention. This preliminary list of issues may be
changed based on your comments and our ongoing environmental analysis.
These issues are:
     Coastal zone management;
     wetland loss;
     dredging and dredge material placement;
     essential fish habitat;
     recreational and commercial fisheries;
     shipping traffic and marine safety;
     visual impacts;
     air quality;
     water use;
     socioeconomics; and
     public safety.

Public Participation

    You can make a difference by providing us with your specific
comments about the project. Your comments should focus on the potential
environmental impacts, reasonable alternatives, and measures to avoid
or lessen environmental impacts. The more specific your comments, the
more useful they will be. To ensure that your comments are considered
in a timely manner and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
January 6, 2014.
    For your convenience, there are three methods you can use to submit
your

comments to the Commission. In all instances, please reference the
project docket number (PF13-11-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature located on the Commission's Web site (www.ferc.gov) under the
Documents and Filings heading. This is an easy method for interested
persons to submit brief, text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature located on the Commission's Web site (www.ferc.gov)
under the Documents and Filings heading. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Indian tribes; and local
libraries and newspapers. This list also includes affected landowners
(as defined in the Commission's regulations) who are potential right-
of-way grantors, whose property may be used temporarily for project
purposes, or who own homes within certain distances of aboveground
facilities, and anyone who submits comments on the project. We will
update the environmental mailing list as the analysis proceeds to
ensure that we send the information related to this environmental
review to all individuals, organizations, and government entities
interested in and/or potentially affected by the planned project.
    Copies of the draft EIS will be sent to the environmental mailing
list for public review and comment. If you would prefer to receive a
paper copy of the EIS instead of the compact disc version, or if you
would like to remove your name from the mailing list, please return the
attached Information Request (Appendix 2).

Becoming an Intervenor

    Once CE FLNG files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor can be
found under the ``Getting Involved'' heading of the ``For Citizens''
section on the FERC Web site. Please note that the Commission will not
accept requests for intervenor status at this time. You must wait until
the Commission receives a formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov) using the eLibrary. Click on the eLibrary
link, click on ``General Search'' and enter the docket number,
excluding the last three digits (PF13-11). Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides
access to the texts of formal documents issued by the Commission, such
as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: December 5, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-29600 Filed 12-11-13; 8:45 am]
BILLING CODE 6717-01-P