[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Rules and Regulations]
[Pages 69144-69147]
[FR Doc No: 2020-24156]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0677; Product Identifier 2020-NM-099-AD; Amendment
39-21293; AD 2020-21-20]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-23-
03, which applied to certain Dassault Aviation Model FALCON 900EX
airplanes. AD 2019-23-03 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance requirements and/or airworthiness limitations.
This AD continues to require those maintenance or inspection program
revisions, and also requires revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations; as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 7, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 7,
2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 13, 2020 (84 FR 67171, December 9, 2019).

ADDRESSES: For the EASA material incorporated by reference (IBR) in
this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu.
    For the Dassault service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone 201-

440-6700; internet https://www.dassaultfalcon.com.
    You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0677.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0677; 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, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0117, dated May 20, 2020
(``EASA AD 2020-0117'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Dassault Aviation Model FALCON 900EX airplanes.
EASA AD 2020-0117 superseded EASA AD 2019-0134 (which corresponds to
FAA AD 2019-23-03, Amendment 39-19796 (84 FR 67171, December 9, 2019)
(``AD 2019-23-03'')). Airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
after October 2, 2019 must comply with the airworthiness limitations
specified as part of the approved type design and referenced on the
type certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-23-03. AD 2019-23-03 applied to
certain Dassault Aviation Model FALCON 900EX airplanes. The NPRM
published in the Federal Register on August 3, 2020 (85 FR 46560). The
NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to continue
to require the maintenance or inspection program revisions required by
AD 2019-23-03, and also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations, as
specified in an EASA AD.
    The FAA is issuing this AD to address, among other things, fatigue
cracking and damage in principal structural elements; such fatigue
cracking and damage could result in reduced structural integrity of the
airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Explanation of Change to Paragraph (g) of This AD

    The FAA has revised paragraph (g) of this AD to clarify that it
applies only to airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
September 1, 2018. This information was inadvertently left out of the
proposed AD. Paragraph (g) of this AD is a retained action from AD
2019-23-03, and this clarification limits the applicability of the
retained action to match that in AD 2019-23-03.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule with the
change described previously and minor editorial changes. The FAA has
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.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0117 describes procedures for maintenance tasks and
airworthiness limitations.
    This AD also requires Chapter 5-40, Airworthiness Limitations,
Revision 11, dated September 2018, of the Dassault Falcon 900EX EASy,
Falcon 900LX, and Falcon 900DX Maintenance Manual, which the Director
of the Federal Register approved for incorporation by reference as of
January 13, 2020 (84 FR 67171, December 9, 2019).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 97 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2019-23-03 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator. In
the past, the FAA has estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, the FAA estimates the total cost per operator for the new
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive (AD) 2019-23-03, Amendment 39-19796
(84 FR 67171, December 9, 2019), and
0
b. Adding the following new AD:

2020-21-20 Dassault Aviation: Amendment 39-21293; Docket No. FAA-
2020-0677; Product Identifier 2020-NM-099-AD.

(a) Effective Date

    This AD is effective December 7, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2019-23-03, Amendment 39-19796 (84 FR
67171, December 9, 2019) (``AD 2019-23-03'').
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (``AD 2010-26-05'').

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, serial number (S/N) 97 and S/Ns 120 and higher,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before October 2, 2019.

(d) Subject

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

(e) Reason

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

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No
Changes

    This paragraph restates the requirements of paragraph (i) of AD
2019-23-03, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before September 1, 2018: Within 90 days
after January 13, 2020 (the effective date of AD 2019-23-03), revise
the existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 5-40, Airworthiness
Limitations, Revision 11, dated September 2018, of the Dassault
Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance
Manual. The initial compliance times for accomplishing the actions
are at the times specified in Chapter 5-40, Airworthiness
Limitations, Revision 11, dated September 2018, of the Dassault
Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance
Manual, or 90 days after the effective date of this AD, whichever
occurs later, except as provided by paragraphs (g)(1) through (4) of
this AD. Accomplishing the maintenance or inspection program
revision required by paragraph (i) of this AD terminates the
requirements of this paragraph.
    (1) The term ``LDG'' in the ``First Inspection'' column of any
table in the service information means total airplane landings.
    (2) The term ``FH'' in the ``First Inspection'' column of any
table in the service information means total flight hours.
    (3) The term ``FC'' in the ``First Inspection'' column of any
table in the service information means total flight cycles.
    (4) The term ``M'' in the ``First Inspection'' column of any
table in the service information means months since the date of
issuance of the original airworthiness certificate or the date of
issuance of the original export certificate of airworthiness.

(h) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception

    This paragraph restates the requirements of paragraph (j) of AD
2019-23-03, with a new exception. Except as required by paragraph
(i) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions and intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (m)(1) of this
AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0117, dated May 20, 2020 (``EASA AD 2020-0117''). Accomplishing
the maintenance or inspection program revision required by this
paragraph terminates the requirements of paragraph (g) of this AD.

(j) Exceptions to EASA AD 2020-0117

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0117 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0117 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2020-0117 within 90 days after the effective date of this
AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0117 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0117, or
within 90 days after the effective date of this AD, whichever occurs
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0117 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0117 does not apply
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections) and intervals are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2020-0117.

(l) Terminating Actions for Certain Actions in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (i) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FALCON 900EX airplanes, 900EX
airplanes, S/N 97 and S/Ns 120 and higher.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures

found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (n) of this
AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Dassault
Aviation's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.

(n) Related Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 7, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0117,
dated May 20, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
January 13, 2020 (84 FR 67171, December 9, 2019).
    (i) Chapter 5-40, Airworthiness Limitations, Revision 11, dated
September 2018, of the Dassault Falcon 900EX EASy, Falcon 900LX, and
Falcon 900DX Maintenance Manual.
    (ii) [Reserved]
    (5) For EASA AD 2020-0117, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (6) For Dassault service information identified in this AD,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet
https://www.dassaultfalcon.com.
    (7) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0677.
    (8) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-24156 Filed 10-30-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25378-25382]
[FR Doc No: 2018-11570]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0738; FRL-9978-57--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Emissions Statement Rule Certification for the 2008 Ozone
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the
Commonwealth of Virginia (Virginia or the Commonwealth). Under the
Clean Air Act (CAA), states' SIPs must require stationary sources in
ozone nonattainment areas classified as marginal or above to report
annual emissions of nitrogen oxides (NOX) and volatile
organic compounds (VOC). This emissions statement requirement also
applies to stationary sources located in the Ozone Transport Region
(OTR) that emit or have the potential to emit at least 50 tons per year
(tpy) of VOC or 100 tpy of NOX. The SIP revision provides
Virginia's certification that its existing emissions statement program
satisfies the emissions statement requirements of the CAA for the 2008
ozone National Ambient Air Quality Standards (NAAQS). EPA is approving
Virginia's emissions statement program certification for the 2008 ozone
NAAQS as a SIP revision in accordance with the requirements of the CAA.

DATES: This final rule is effective on July 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0738. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants in
order to protect human health and the environment. In response to
scientific evidence linking ozone exposure to adverse health effects,
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate the NAAQS every 5 years in order
to consider updated information regarding the effects of the criteria
pollutants on human health and the environment. On July 18, 1997, EPA
promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS,
of 0.08 ppm averaged over eight hours. 62 FR 38855. This 8-hour ozone
NAAQS was determined to be more protective of public health than the
previous 1979 1-hour ozone NAAQS. In 2008, EPA strengthened the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm standard is referred
to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).
    On May 21, 2012 and June 11, 2012, EPA designated nonattainment
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective
July 20, 2012, the Washington, DC-MD-VA area was designated as marginal
nonattainment for the 2008 ozone NAAQS. The Virginia portion of the
Washington, DC-MD-VA nonattainment area is comprised of Arlington
County, Fairfax County, Loudoun County, Prince William County,
Alexandria City, Fairfax City, Falls Church City, Manassas City, and
Manassas Park City. See 40 CFR 81.347.
    Section 182 of the CAA identifies additional plan submissions and
requirements for ozone nonattainment areas. Specifically, section
182(a)(3)(B) of the CAA requires that states develop and submit, as a
revision to their SIP, rules which establish annual reporting
requirements for certain stationary sources. Sources that are within
marginal or above ozone nonattainment areas must annually report the
actual emissions of NOX and VOC to the state. However,
states may waive sources that emit under 25 tpy of NOX and
VOC if the state provides an inventory of emissions from such class or
category of sources as required by CAA sections 172 and 182. See CAA
section 182(a)(3)(B)(ii).
    Additionally, portions of Virginia are included in the ozone
transport region (OTR) established by Congress in section 184 of the
CAA. The OTR is comprised of the states of Connecticut, Delaware,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, and the Consolidated Metropolitan Statistical Area that
includes the District of Columbia and portions of Virginia. The areas
designated as in the Virginia portion of the OTR are as follows:
Arlington County, Fairfax County, Loudoun County, Prince William
County, Stafford County, Alexandria City, Fairfax City, Falls Church
City, Manassas City, and Manassas Park City.\1\
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    \1\ See, e.g. ``Approval and Promulgation of Air Quality
Implementation Plans; Virginia; NSR in the Ozone Transport Region'',
71 FR 39570 (July 13, 2006) and 71 FR 890 (January 6, 2006).
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    Pursuant to section 184(b)(2), any stationary source located in the
OTR that emits or has the potential to emit at least 50 tpy of VOC
shall be considered a major stationary source

and subject to the requirements which would be applicable to major
stationary sources if the area was classified as a moderate
nonattainment area. See CAA section 184. Thus, states within the OTR
are subject to plan (or SIP) requirements in CAA section 182(b)
applicable to moderate nonattainment areas. Also, section 182(f)(1) of
the CAA requires that the plan provisions required for major stationary
sources of VOC also apply to major stationary sources of NOX
for states with ozone nonattainment areas. A major stationary source of
NOX is defined as a stationary facility or source of air
pollutants which directly emits, or has the potential to emit, 100 tpy
or more of NOX. See CAA section 302(j).
    In summary, sources located within the portions of Virginia
included in the OTR, including areas designated as attainment for the
2008 ozone NAAQS, that emit more than 50 tpy of VOC or 100 tpy of
NOX are considered major sources and are subject to the same
requirements as major stationary sources located in moderate or above
nonattainment areas. These requirements include the emissions statement
requirements of CAA section 182(a)(3)(B). See CAA section 182(f) and
184(b)(2). Sources located in designated marginal or above
nonattainment areas must also submit an emissions statement as required
by CAA section 182(a)(3)(B). As stated previously, states may waive
sources that emit less than the 25 tpy of NOX and 25 tpy of
VOC threshold if the state provides an inventory of emissions from such
class or category of sources as required by CAA sections 172 and 182.
See CAA section 182(a)(3)(B)(ii). States are required by section
182(a)(3)(B) of the CAA to submit, for approval into the state's SIP,
rules requiring the sources described above to provide annual
statements showing their actual emissions of NOX and VOC to
the state.
    The EPA published guidance on source emissions statements in a July
1992 memorandum titled, ``Guidance on the Implementation of an Emission
Statement Program'' and in a March 14, 2006 memorandum titled,
``Emission Statement Requirements Under 8-hour Ozone NAAQS
Implementation'' (2006 memorandum). In addition, on March 6, 2015, EPA
issued a final rule addressing a range of nonattainment area SIP
requirements for the 2008 ozone NAAQS, including the emissions
statement requirements of CAA section 182(a)(3)(B) (2015 final rule).
80 FR 12264. The 2006 memorandum clarified that the source emissions
statement requirement of CAA section 182(a)(3)(B) was applicable to all
areas designated nonattainment for the 1997 ozone NAAQS and classified
as marginal or above under subpart 2, part D, title I of the CAA. Per
EPA's 2015 final rule, the source emissions statement requirement also
applies to all areas designated nonattainment for the 2008 ozone NAAQS.
    According to EPA's 2015 final rule, most areas that are required to
have an emissions statement program for the 2008 ozone NAAQS already
have one in place due to a nonattainment designation for an earlier
ozone NAAQS. EPA's 2015 final rule states that, ``If an area has a
previously approved emissions statement rule in force for the 1997
ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of the
nonattainment area for the 2008 ozone NAAQS, such rule should be
sufficient for purposes of the emissions statement requirement for the
2008 ozone NAAQS.'' In cases where an existing emissions statement rule
is still adequate to meet the emissions statement requirement under the
2008 ozone NAAQS, states may provide the rationale for that
determination to EPA in a written statement for approval into the SIP
to meet the requirements of CAA section 182(a)(3)(B). In this
statement, states should identify how the emissions statement
requirements of CAA section 182(a)(3)(B) are met by their existing
emissions statement rule.
    In summary, Virginia is required to submit, as a formal revision to
its SIP, a statement certifying that Virginia's existing emissions
statement program satisfies the requirements of CAA section
182(a)(3)(B) and covers the Washington, DC-MD-VA nonattainment area for
the 2008 ozone NAAQS.\2\
---------------------------------------------------------------------------

    \2\ EPA did not require Virginia or other states to certify that
its existing SIP-approved emissions statement program continued to
satisfy CAA requirements for areas in the OTR to have an emissions
statement program.
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II. Summary of SIP Revision and EPA Analysis

    On August 1, 2017, the Commonwealth of Virginia, through the
Virginia Department of Environmental Quality (VADEQ), submitted, as a
formal revision to its SIP, a statement certifying that Virginia's
existing SIP-approved emissions statement program covers the Virginia
portion of the Washington, DC-MD-VA nonattainment area for the 2008
ozone NAAQS and is at least as stringent as the requirements of CAA
section 182(a)(3)(B). In its submittal, Virginia states that the
emissions statement requirements of CAA section 182(a)(3)(B) are
contained under 9VAC5-20-160 (Registration) of the Virginia
Administrative Code and are SIP-approved under 40 CFR 52.2420(c).
According to Virginia, these provisions mandate that facilities
emitting more than 25 tpy of NOX or VOC must submit emission
statements to Virginia while those emitting less than 25 tpy must
comply with inventory requirements.
    The provisions under 9VAC5-20-160 that implement Virginia's
emissions statement program were approved into the Virginia SIP on May
2, 1995 (60 FR 21451).\3\ These provisions require the owner of any
stationary source that emits 25 tpy or more of VOC or NOX
and is located in an emissions control area designated under 9VAC5-20-
206 (Volatile Organic Compound and Nitrogen Oxides Emissions Control
Areas) to submit an emissions statement to the Virginia State Air
Pollution Control Board by April 15 of each year for the emissions
discharged during the previous calendar year.\4\ Emissions statements
are required to be prepared and submitted in accordance with 9VAC5-20-
121 (Air Quality Program Policies and Procedures), which references
Virginia's January 1, 1993 document AQP-8 titled, ``Procedures for
Preparing and Submitting Emission Statements for Stationary Sources.''
The provisions under 9VAC5-20-121 were

also approved into the Virginia SIP on May 2, 1995 (60 FR 21451).
---------------------------------------------------------------------------

    \3\ The provisions under 9VAC5-20-160 were derived from VR120-
02-31. EPA's May 2, 1995 direct final rulemaking (DFR) approved a
SIP revision submitted by the Commonwealth of Virginia requesting
the addition of provisions under VR120-02-31 paragraph B, which
established Virginia's emissions statement program, and Appendix S
(Air Quality Program Policies and Procedures), which described the
procedure for preparing and submitting emissions statements for
stationary sources, to the Virginia SIP. See 60 FR 21451. On March
6, 1992, the Virginia State Assembly enacted Chapter 216--an act to
amend Section 9--77.7, Code of Virginia, which authorized
reorganization of the Virginia Administrative Code, including
reorganization of the air pollution control regulations, effective
July 1, 1992. Beginning April 17, 1995, Virginia began publication
of its air quality control regulations in the new format. On April
21, 2000, EPA approved a SIP revision from Virginia requesting the
reorganization and renumbering of the Virginia SIP to match the
recodification of Virginia's air pollution control regulations under
the Virginia Administrative Code. See 65 FR 21315. As a result, the
SIP-approved provisions under VR120-02-31 and Appendix S are now
under 9VAC5-20-160 and 9VAC5-20-121, respectively.
    \4\ The emissions control areas defined under 9VAC5-20-206
include the Northern Virginia Emissions Control Area, the
Fredericksburg Emissions Control Area, the Richmond Emissions
Control Area, the Hampton Roads Emissions Control Area, and the
Western Virginia Emissions Control Area. The Northern Virginia
Emissions Control Area consists of the localities of Arlington
County, Fairfax County, Loudoun County, Prince William County,
Stafford County, Alexandra City, Fairfax City, Falls Church City,
Manassas City, and Manassas Park City.
---------------------------------------------------------------------------

    EPA's review of the Commonwealth of Virginia's submittal finds that
Virginia's existing, SIP-approved emissions statement program under
9VAC5-20-160 satisfies the requirements of CAA section 182(a)(3)(B) for
emission statements for sources located in marginal or above
nonattainment areas including such sources in the Virginia portion of
the Washington, DC-MD-VA nonattainment area for the 2008 ozone NAAQS.
EPA notes 9VAC5-20-160 also requires sources located in portions of
Virginia included in the OTR to submit required emission statements in
accordance with CAA section 184 (OTR requirements) and 182 (plan
submissions and requirements for ozone nonattainment areas). Pursuant
to CAA sections 182 and 184, Virginia is required to have an emissions
statement program for sources located in marginal or above
nonattainment areas and the portions of Virginia included in the OTR.
EPA finds the provisions under 9VAC5-20-160 satisfy these requirements
of CAA sections 182 and 184 because they apply to the Northern Virginia
Emissions Control Area, which includes the Virginia localities within
the Virginia portion of the Washington, DC-MD-VA nonattainment area for
the 2008 ozone NAAQS (i.e., Arlington County, Fairfax County, Loudoun
County, Prince William County, Alexandria City, Fairfax City, Falls
Church City, Manassas City, and Manassas Park City), and the portions
of Virginia included in the OTR (i.e., Arlington County, Fairfax
County, Loudoun County, Prince William County, Stafford County,
Alexandria City, Fairfax City, Falls Church City, Manassas City, and
Manassas Park City). EPA also finds Virginia's emissions thresholds for
sources that are required to submit an emissions statement meet the
requirements of CAA sections 182 and 184. As stated above, 9VAC5-20-160
requires the owner of any stationary source located in an emissions
control area that emits 25 tpy or more of VOC or NOX to
annually submit an emissions statement. This 25 tpy threshold is
equivalent to the threshold required by CAA section 182. As previously
mentioned, per CAA section 182(a)(3)(B)(ii), states may waive sources
that emit less than 25 tpy of NOX or VOC if the state
provides an inventory of emissions from such class or category of
sources as required by CAA sections 172 and 182. Virginia does provide
emissions inventories for nonattainment areas as required by CAA
section 172(c)(3).\5\ Therefore, EPA has determined that 9VAC5-20-160,
which is currently in the Virginia SIP, is appropriate to address the
emissions statement requirements in section 182(a)(3)(B) for the 2008
ozone NAAQS.
---------------------------------------------------------------------------

    \5\ See, e.g., ``Approval and Promulgation of Air Quality
Implementation Plans; District of Columbia, Maryland, and Virginia;
2011 Base Year Emissions Inventories for the Washington DC-MD-VA
Nonattainment Area for the 2008 Ozone National Ambient Air Quality
Standard,'' 80 FR 27255 (May 13, 2015).
---------------------------------------------------------------------------

    On March 12, 2018 (83 FR 10652), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA
found the Commonwealth's August 1, 2017 emissions statement program
certification to be approvable under CAA section 182(a)(3)(B) and
proposed to approve it as a revision to the Virginia SIP.
    EPA received public comments on our March 12, 2018 proposal to
approve Virginia's emissions statement certification for the 2008 ozone
NAAQS. All of the submitted comments were either supportive of or not
specific to this action and thus are not addressed here.

III. Final Action

    EPA is approving the Commonwealth's August 1, 2017 emissions
statement program certification as a revision to the Virginia SIP.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
federally authorized environmental programs in a manner that is no less
stringent than their federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or

prohibitions of the state plan, independently of any state enforcement
effort. In addition, citizen enforcement under section 304 of the CAA
is likewise unaffected by this, or any, state audit privilege or
immunity law.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2018. 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 approving Virginia's certification that its
existing SIP-approved emissions statement program under 9VAC5-20-160
satisfies the requirements of CAA section 182(a)(3)(B) for the 2008
ozone NAAQS 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 15, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 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 VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e)(1) is amended by adding
the entry ``Emissions Statement Rule Certification for the 2008 Ozone
NAAQS'' at the end of the table to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP     Applicable geographic        State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Emissions Statement Rule         Virginia portion of the         8/01/17  6/01/18, [Insert    Certification that
 Certification for the 2008       Washington, DC-MD-VA                     Federal Register    Virginia's
 Ozone NAAQS.                     nonattainment area for                   citation].          previously SIP-
                                  the 2008 ozone NAAQS                                         approved
                                  (i.e., Arlington                                             regulations at
                                  County, Fairfax                                              9VAC5-20-160 meet
                                  County, Loudoun                                              the emissions
                                  County, Prince William                                       statement
                                  County, Alexandria                                           requirements of
                                  City, Fairfax City,                                          CAA section
                                  Falls Church City,                                           182(a)(3)(B) for
                                  Manassas City, and                                           the 2008 ozone
                                  Manassas Park City) as                                       NAAQS.
                                  well as the portions
                                  of Virginia included
                                  in the Ozone Transport
                                  Region (OTR) (i.e.,
                                  Arlington County,
                                  Fairfax County,
                                  Loudoun County, Prince
                                  William County,
                                  Stafford County,
                                  Alexandria City,
                                  Fairfax City, Falls
                                  Church City, Manassas
                                  City, and Manassas
                                  Park City).
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-11570 Filed 5-31-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27318-27321]
[FR Doc No: 2013-11067]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0367; Directorate Identifier 2012-NM-177-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. 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 Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705)
airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes.
This proposed AD was prompted by a report of corrosion of the
components of the main landing gear (MLG) retraction actuator found in
service; the corrosion was found at the interface of the rod end and
the piston, and at the bracket and related pins. This proposed AD would
require inspection of the MLG retraction actuator components;
corrective actions if necessary; and, for certain retraction actuators,
installation of a new jam nut. We are proposing this AD to prevent
disconnection of the MLG retraction actuator, which could result in
extension of the MLG without damping,

and consequent structural damage and collapse of the MLG during
landing.

DATES: We must receive comments on this proposed AD by June 24, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Bombardier service information identified in this proposed AD,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. For Goodrich service information identified in this
proposed AD, contact Goodrich Corporation, Landing Gear, 1400 South
Service Road, West Oakville L6L 5Y7, Ontario, Canada; telephone 905-
825-1568; email<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. 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; or in person at the Docket Operations office
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 Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0367;
Directorate Identifier 2012-NM-177-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 based on 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

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-36R1, dated October 3, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

Corrosion of the main landing gear (MLG) retraction actuator
components was found in-service, either at the interface of the rod
end and the piston or at the bracket and its related pins. This can
cause the MLG retraction actuator to disconnect, leading to an MLG
extension without damping, and a potential for MLG structural damage
and possible collapse during landing.

This [Canadian] AD mandates the inspection and rectification
[corrective action] of the MLG retraction actuator components.

This revision is to mandate [, for certain MLG retraction
actuators,] the installation of the new retraction actuator jam nut.
This revision also corrects the background information and updates
Service Bulletin (SB) references.

The required inspection includes, for certain MLG retraction actuator
assemblies, a detailed inspection of the retraction actuator assembly
for evidence of corrosion, and security of the jam nut; and, for
certain MLG dressed shock struts, a detailed inspection for evidence of
corrosion of the retract actuator bracket assembly, associated pins,
and mating lugs on the outer cylinder and a detailed inspection of the
associated pins for chrome damage. The corrective actions include
replacing pins that have chrome damage or evidence of corrosion,
replacing retraction actuator bracket assemblies and mating lugs that
have evidence of corrosion. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued the following service bulletins.
     Bombardier Service Bulletin 670BA-32-031, Revision C,
dated April 17, 2012.
     Bombardier Service Bulletin 670BA-32-033, Revision B,
dated Jun 26, 2012.
    Goodrich Corporation has issued the following service bulletins.
     Goodrich Service Bulletin 49000-32-46, Revision 2, dated
November 11, 2011.
     Goodrich Service Bulletin 49600-32-63, Revision 1, dated
May 17, 2011.
     Goodrich Service Bulletin 49600-32-64, Revision 3, dated
December 15, 2011.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This Proposed AD and the MCAI or Service
Information

    The MCAI specifies using ``later approved revisions'' of the
service information when accomplishing the requirements. However,
``later approved revisions'' must not be used in an AD when referring
to the service document because doing so violates Office of the Federal
Register (OFR) regulations for approval of materials ``incorporated by
reference'' in rules. Therefore, we have not included ``later approved
revisions'' in this proposed AD. If additional parts are identified in
later revisions of the service information, we might consider further
rulemaking then.
    Goodrich Service Bulletin 49600-32-63, Revision 1, dated May 17,
2011, specifies to return retract actuators to Goodrich if corrosion is
found or if a jam nut is not secured. However, this proposed AD would
require replacing the retract actuators with new or

serviceable retract actuators if those conditions are found.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 391 products of U.S. registry. We also estimate that
it would take up to 16 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $1,018 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be up to $929,798, or up to $2,378 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2013-0367; Directorate Identifier
2012-NM-177-AD.

(a) Comments Due Date

    We must receive comments by June 24, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, serial numbers 10002 and subsequent.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705)
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers
15001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 32: Landing
gear.

(e) Reason

    This AD was prompted by a report of corrosion of the components
of the main landing gear (MLG) retraction actuator found in service;
the corrosion was found at the interface of the rod end and the
piston, and at the bracket and related pins. We are issuing this AD
to prevent disconnection of the MLG retraction actuator, which could
result in extension of the MLG without damping, and consequent
structural damage and collapse of the MLG during landing.

(f) Compliance

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

(g) Inspection of the MLG Retraction Actuator and Corrective Actions

    For any airplane with a MLG retraction actuator assembly having
any part number and serial number identified in paragraph 1.A.,
Effectivity, of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012, except airplanes on which modification
status ``32-64'' is marked on the identification plate: At the
applicable time specified in paragraph (g)(1) or (g)(2) of this AD,
perform a detailed inspection of the retraction actuator assembly
for evidence of corrosion and security of the jam nut, as
applicable, in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-63,
Revision 1, dated May 17, 2011. If any corrosion or unsecured jam
nut is found, before further flight, replace the retract actuator
with a new or serviceable retract actuator; install the retract
actuator in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012. Repeat the inspection at intervals not to
exceed 1,200 flight hours or 12 months, whichever occurs first.
    (1) For MLG retraction actuator assemblies on which, as of the
effective date of this AD, 8,000 or more total flight hours have
accumulated since new or since overhaul, or have been in service for
more than 4 years since new or since overhaul: Inspect within 1,200
flight hours or 12 months after the effective date of this AD,
whichever occurs first.
    (2) For MLG retraction actuator assemblies on which, as of the
effective date of this AD, less than 8,000 total flight hours have
accumulated since new or since overhaul, and have been in service
for 4 years or less since new or since overhaul: Inspect before the
accumulation of 9,200 total flight hours on the MLG retraction
actuator assembly since new or since overhaul or within 5 years in
service since new or since overhaul, whichever occurs first.

(h) Inspection of MLG Retraction Actuator Bracket and Related Pins, and
Corrective Actions

    For any airplane with a MLG dressed shock strut having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-033, Revision B, dated June
26, 2012: Within 4,400 flight hours or 24 months after the effective
date of this AD, whichever occurs first, perform a detailed
inspection of the retract actuator bracket assembly, associated
pins, and the mating lugs on the outer cylinder for evidence of
corrosion, in accordance with Bombardier Service Bulletin

670BA-32-033, Revision B, dated June 26, 2012; and Goodrich Service
Bulletin 49000-32-46, Revision 2, dated November 11, 2011. Do all
applicable corrective actions before further flight (i.e., replace
retract actuator bracket assembly and pins, or outer cylinder lugs,
as applicable).

(i) Installation of New Jam Nut

    For any airplane with a MLG retraction actuator assembly having
any part number and serial number identified in paragraph 1.A.,
Effectivity, of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012, except airplanes on which modification
status ``32-64'' is marked on the identification plate: Within
20,000 flight hours or 10 years after the effective date of this AD,
whichever occurs first, install a new jam nut having part number
49606-5, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-64,
Revision 3, dated December 15, 2011.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (g) and (i) of this AD, if those actions were performed
before the effective date of this AD using Bombardier Service
Bulletin 670BA-32-031, dated March 14, 2011; Revision A, dated June
9, 2011; or Revision B, dated July 29, 2011; which are not
incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 670BA-
32-033, dated March 14, 2011; or Revision A, dated July 29, 2011;
which are not incorporated by reference in this AD.

(k) Parts Installation Limitations

    (1) As of the effective date of this AD, no person may install
on any airplane a MLG retraction actuator assembly having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-031, Revision C, dated April
17, 2012, unless that retraction actuator assembly has been
inspected as specified in paragraph (g) of this AD, and all
applicable corrective actions (i.e., replacement of the retract
actuator) specified in paragraph (g) of this AD have been done.
Repeat the inspection specified in paragraph (g) of this AD
thereafter at the intervals specified in paragraph (g) of this AD.
    (2) As of the effective date of this AD, no person may install
on any airplane a MLG retraction actuator assembly having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-033, Revision B, dated June
26, 2012, unless that retraction actuator assembly has been
inspected and all applicable corrective actions have been done, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-32-033, Revision B, dated June 26, 2012.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. 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. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(m) Related Information

    (1) Refer to mandatory continued airworthiness information
(MCAI) Canadian Airworthiness Directive CF-2011-36R1, dated October
3, 2012, and the service bulletins specified in paragraphs (m)(1)(i)
through (m)(1)(v) of this AD, for related information.
    (i) Bombardier Service Bulletin 670BA-32-031, Revision C, dated
April 17, 2012.
    (ii) Bombardier Service Bulletin 670BA-32-033, Revision B, dated
June 26, 2012.
    (iii) Goodrich Service Bulletin 49000-32-46, Revision 2, dated
November 11, 2011.
    (iv) Goodrich Service Bulletin 49600-32-63, Revision 1, dated
May 17, 2011.
    (v) Goodrich Service Bulletin 49600-32-64, Revision 3, dated
December 15, 2011.
    (2) For Bombardier service information identified in this AD,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. For Goodrich service information identified in
this AD, contact Goodrich Corporation, Landing Gear, 1400 South
Service Road, West Oakville L6L 5Y7, Ontario, Canada; telephone 905-
825-1568; email<EMAIL_ADDRESS>Internet http://www.goodrich.com/TechPubs. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 26, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-11067 Filed 5-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10341-10342]
[FR Doc No: 2023-03370]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-0248]

Anesthetic and Analgesic Drug Products Advisory Committee; Notice
of Meeting; Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Anesthetic and Analgesic Drug
Products Advisory Committee. The general function of the committee is
to provide advice and recommendations to FDA on regulatory issues. The
meeting will be open to the public. FDA is establishing a docket for
public comment on this document.

DATES: The meeting will be held virtually on April 19, 2023, from 9
a.m. to 5:30 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings, including
information regarding special accommodations due to a disability, may
be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2023-N-0248. Please note that late, untimely
filed comments will not be considered. The docket will close on April
18, 2023. The https://www.regulations.gov electronic filing system will
accept comments until 11:59 p.m. Eastern Time at the end of April 18,
2023. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are received on or
before that date.
    Comments received on or before April 6, 2023, will be provided to
the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is canceled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments 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 Docket No.
FDA-2023-N-0248 for ``Anesthetic and Analgesic Drug Products Advisory
Committee; Notice of Meeting; Establishment of a Public Docket; Request
for Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket 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.'' FDA 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 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 the 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>.

FOR FURTHER INFORMATION CONTACT: Rhea Bhatt, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, email:
[email protected], or FDA Advisory Committee Information Line, 1-800-
741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in the
Federal Register about last-minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly

enough to provide timely notice. Therefore, you should always check
FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and
scroll down to the appropriate advisory committee meeting link, or call
the advisory committee information line to learn about possible
modifications before the meeting.

SUPPLEMENTARY INFORMATION: Agenda: The meeting presentations will be
heard, viewed, captioned, and recorded through an online
teleconferencing platform. The committee will discuss postmarketing
requirement 3033-11, issued to application holders of new drug
applications (NDAs) for extended-release and long-acting opioid
analgesics to evaluate long-term efficacy of opioid analgesics and the
risk of opioid-induced hyperalgesia. The discussion will focus on a
clinical trial designed to address these objectives.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions to the Docket (see ADDRESSES) on
or before April 6, 2023, will be provided to the committee. Oral
presentations from the public will be scheduled between approximately
1:30 p.m. and 2:30 p.m. Eastern Time. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before March 28, 2023. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by March 29, 2023.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Rhea Bhatt (see FOR FURTHER INFORMATION CONTACT) at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 13, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-03370 Filed 2-16-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Rules and Regulations]
[Pages 74852-74854]
[FR Doc No: 2020-25712]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0768; Airspace Docket No. 18-AWP-25]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Truckee, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies the Class E airspace designated as an
extension to a Class D or Class E surface area at Truckee-Tahoe
Airport. This action also modifies the Class E airspace extending
upward from 700 feet above the surface. Lastly, this action proposes an
administrative correction to all of the airspaces' legal descriptions.

DATES: Effective 0901 UTC, February 25, 2021. The Director of the
Federal Register approves this incorporation by

reference action under Title 1 Code of Federal Regulations part 51,
subject to the annual revision of FAA Order 7400.11 and publication of
conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov//air_traffic/publications/. For further information, you
can contact the Airspace Policy Group, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class D and Class E airspace at Truckee-Tahoe Airport,
Truckee, CA, to ensure the safety and management of Instrument Flight
Rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 53713; August 31, 2020) for Docket No. FAA-2020-0768 to
modify Class D and Class E airspace at Truckee-Tahoe Airport, Truckee,
CA. Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment, that is not germane to the proposed airspace action, was
received.
    Subsequent to publication, the FAA identified a technical error in
the NPRM. The error is located in the description of the Class E
airspace designated as an extension to a Class D or Class E surface
area. The correction does not alter the external boundaries of the
airspace area. The NPRM listed the area as follows: That airspace
extending upward from the surface within 1.2 miles west and 0.9 miles
east of the 316[deg] bearing from the airport, extending from the 4.2-
mile radius of the airport to 8.3 miles northwest of Truckee-Tahoe
Airport. The airspace area is corrected to read as follows: That
airspace extending upward from the surface within 1.1 miles west and 1
mile east of the 315[deg] bearing from the airport, extending from the
4.2-mile radius of the airport to 8.3 miles northwest of Truckee-Tahoe
Airport.
    Class D, E2, E4, and E5 airspace designations are published in
paragraphs 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11E, dated July 21, 2020, and effective September 15, 2020, which
is incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations part 71
modifies the Class E airspace area designated as an extension to a
Class D or Class E surface area at Truckee-Tahoe Airport. The airspace
has been reduced and is described as follows: That airspace extending
upward from the surface within 1 mile each side of the 017[deg] bearing
from the airport, extending from the 4.2-mile radius of the airport to
9.7 miles north of the airport; and within 1.1 miles west and 1 mile
east of the 315[deg] bearing from the airport, extending from the 4.2-
mile radius of the airport to 8.3 miles northwest of Truckee-Tahoe
Airport.
    This action also modifies the Class E airspace extending upward
from 700 feet above the surface. This airspace is designed to contain
IFR departures to 1,200 feet above the surface and IFR arrivals
descending below 1,500 feet above the surface. The airspace is
described as follows: That airspace extending upward from 700 feet
above the surface within a 4.2-mile radius of the airport, and within 2
miles each side of the 018[deg] bearing from the airport, extending
from 9.7 miles to 11.6 miles north of the airport, and within 1.1 miles
each side of the 266[deg] bearing from the airport, extending from the
4.2-mile radius to 13.5 miles west of the airport, and within 2.7 miles
west and 1.9 miles east of the 321[deg] bearing from the airport,
extending from 8.3 miles to 14.8 miles northwest of the airport, and
within an area beginning at 4.2 miles on the 324[deg] bearing from the
airport, then to 6.5 miles on the 324[deg] bearing from the airport,
then clockwise within a 6.5-mile radius of the airport to the 008[deg]
bearing from the airport, then along the 008[deg] bearing to 4.2 miles,
then counterclockwise within a 4.2-mile radius of the airport to the
324[deg] bearing northwest of Truckee-Tahoe Airport.
    Lastly, this action implements an administrative amendment to all
of the airspaces' legal descriptions for Truckee-Tahoe Airport. To
match the FAA aeronautical database, the airport's geographical
coordinates are updated to Lat. 39[deg]19'12'' N, long. 120[deg]08'23''
W.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental

Policy Act in accordance with FAA Order 1050.1F, ``Environmental
Impacts: Policies and Procedures,'' paragraph 5-6.5a. This airspace
action is not expected to cause any potentially significant
environmental impacts, and no extraordinary circumstances exist that
warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Truckee, CA [Amended]

Truckee-Tahoe Airport, CA
    (Lat. 39[deg]19'12'' N, long. 120[deg]08'23'' W)

    That airspace extending upward from the surface to and including
8,400 feet MSL within a 4.2-mile radius of Truckee-Tahoe Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AWP CA E2 Truckee, CA [Amended]

Truckee-Tahoe Airport, CA
    (Lat. 39[deg]19'12'' N, long. 120[deg]08'23'' W)

    That airspace extending upward from the surface within a 4.2-
mile radius of Truckee-Tahoe Airport. This Class E surface area is
effective during the specific dates and times established, in
advance, by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

AWP CA E4 Truckee, CA [Amended]

Truckee-Tahoe Airport, CA
    (Lat. 39[deg]19'12'' N, long. 120[deg]08'23'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 017[deg] bearing from the airport, extending from
the 4.2-mile radius of the airport to 9.7 miles north of the
airport; and within 1.1 miles west and 1 mile east of the 315[deg]
bearing from the airport, extending from the 4.2-mile radius of the
airport to 8.3 miles northwest of Truckee-Tahoe Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Truckee, CA [Amended]

Truckee-Tahoe Airport, CA
    (Lat. 39[deg]19'12'' N, long. 120[deg]08'23'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.2-mile radius of the airport, and within 2 miles each
side of the 018[deg] bearing from the airport, extending from 9.7
miles to 11.6 miles north of the airport, and within 1.1 miles each
side of the 266[deg] bearing from the airport, extending from the
4.2-mile radius to 13.5 miles west of the airport, and within 2.7
miles west and 1.9 miles east of the 321[deg] bearing from the
airport, extending from 8.3 miles to 14.8 miles northwest of the
airport, and within an area beginning at 4.2 miles on the 324[deg]
bearing from the airport, then to 6.5 miles on the 324[deg] bearing
from the airport, then clockwise within a 6.5-mile radius of the
airport to the 008[deg] bearing from the airport, then along the
008[deg] bearing to 4.2 miles, then counterclockwise within a 4.2-
mile radius of the airport to the 324[deg] bearing northwest of
Truckee-Tahoe Airport.

    Issued in Seattle, Washington, on November 17, 2020.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-25712 Filed 11-23-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 59920-59921]
[FR Doc No: 2012-23945]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC12-143-000.
    Applicants: Interstate Power and Light Company.
    Description: Application of Interstate Power and Light Co. for
transaction approval pursuant to Federal Power Act? 203.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5096.
    Comments Due: 5 p.m. ET 10/12/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2074-003; ER10-2097-005.
    Applicants: Kansas City Power & Light Company, KCP&L Greater
Missouri Operations Company.
    Description: Notice of Change in Status of Kansas City Power &
Light Company, et. al.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5090.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2154-000
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per: OATT Attachment
N Deficiency Response to be effective N/A.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5069.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2667-000.
    Applicants: Florida Power & Light Company.
    Description: FPL Notice of Termination of Orlando Utilities
Commission SA Nos. 307 and 308 to be effective 11/19/2012.

    Filed Date: 9/20/12.
    Accession Number: 20120920-5121.
    Comments Due: 5 p.m. ET 10/11/12.

    Docket Numbers: ER12-2670-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35: Certificate of Concurrence-TEP and PNM rate schedule 321
to be effective 5/17/2011.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5045.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2671-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: RTEP clean-up filing re accepted language in ER12-2085
& ER12-2288 to be effective 9/19/2012.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5057.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2672-000.
    Applicants: Sempra Energy Trading LLC.
    Description: Sempra Energy Trading LLC submits Notice of
Cancellation.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5064.
    Comments Due: 5 p.m. ET 10/12/12.

    Docket Numbers: ER12-2673-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii:
EWEB Non-Conforming Point to Point Agreement to be effective 9/11/2012.
    Filed Date: 9/21/12.
    Accession Number: 20120921-5065.
    Comments Due: 5 p.m. ET 10/12/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 21, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-23945 Filed 9-28-12; 8:45 am]
BILLING CODE 6717-01-P