[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69687-69693]
[FR Doc No: 2016-23840]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0603; FRL-9953-52-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Philadelphia County Reasonably Available Control
Technology Under the 1997 8-Hour Ozone National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the Commonwealth of
Pennsylvania (Pennsylvania). The revisions pertain to a demonstration
that Philadelphia County (Philadelphia) meets the requirements for
reasonably available control technology (RACT) of the Clean Air Act
(CAA) for nitrogen oxides (NOX) and volatile organic
compounds (VOC) as ozone precursors for the 1997 8-hour ozone national
ambient air quality standards (NAAQS). In this rulemaking action, EPA
is approving three separate SIP revisions addressing RACT under the
1997 8-hour ozone NAAQS for Philadelphia; approving portions of two
previously submitted RACT SIP revisions, which EPA had found deficient
and conditionally approved; and converting the prior conditional
approval of the Philadelphia RACT demonstration for the 1997 8-hour
ozone NAAQS to full approval. EPA is approving these revisions to the
Pennsylvania SIP addressing 1997 8-hour ozone RACT for Philadelphia in
accordance with the requirements of the CAA.

DATES: This final rule is effective on November 7, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0603. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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
http://www.regulations.gov or please contact the person identified in
the FOR FURTHER

INFORMATION CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 15, 2016 (81 FR 38992), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA
proposed approval of five revisions to the Pennsylvania SIP to satisfy
the RACT requirements for the 1997 8-hour ozone NAAQS for Philadelphia.
The formal SIP revisions were submitted by the Pennsylvania Department
of Environmental Protection (PADEP), on behalf of Philadelphia Air
Management Services (AMS), on September 29, 2006, June 22, 2010, June
27, 2014, February 18, 2015, and April 26, 2016.
    Pursuant to section 110(k)(4) of the CAA, on December 13, 2013 (78
FR 75902), EPA conditionally approved the Philadelphia 1997 8-hour
ozone RACT demonstration, as provided in the 2006 and 2010 SIP
revisions, with the condition that PADEP, on behalf of AMS, submitted
additional SIP revisions addressing the source-specific RACT
requirements for major sources of NOX and/or VOC in
Philadelphia under the 1997 8-hour ozone NAAQS. EPA had identified two
deficiencies in the 1997 8-hour ozone Philadelphia RACT demonstration,
as provided in the 2006 SIP revision and the 2010 SIP revision, which
precluded EPA's approval. These deficiencies relied on Pennsylvania's
NOX SIP Call SIP provisions to address RACT for electric
generating units (EGUs),1 2 which cannot meet RACT based on
a 2009 decision from the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit); \3\ and not sufficiently
addressing source-specific RACT requirements for certain major sources
of NOX and VOC under the Pennsylvania SIP approved
regulation in 25 Pa Code sections 129.91-92. Altogether, the RACT SIP
revisions submitted to EPA on June 27, 2014, February 18, 2015, and
April 26, 2016 are intended to fulfill the conditions in EPA's December
13, 2013 conditional approval. This rulemaking action addresses all
five SIP revisions concerning Philadelphia RACT requirements under the
1997 8-hour ozone NAAQS.\4\
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    \1\ In October 1998, EPA finalized the ``Finding of Significant
Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone''--commonly called the NOX SIP Call.
See 63 FR 57356 (October 27, 1998).
    \2\ The Philadelphia 2006 RACT SIP revision certified the
following NOX SIP Call related provisions, as previously
approved by EPA into the Pennsylvania SIP: 25 Pa Code sections
145.1-145.100 (66 FR 43795, August 21, 2001), 25 Pa Code sections
145.111-145.113 (71 FR 40048, July, 14, 2006), and 25 Pa Code
sections 145.141-144 (71 FR 40048, July, 14, 2006.
    \3\ See NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009).
    \4\ The five SIP submittals include the submissions on September
29, 2006, June 22, 2010, June 27, 2014, February 18, 2015, and April
26, 2016.
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II. Summary of SIP Revisions

    On September 29, 2006, PADEP submitted, on behalf of AMS, a SIP
revision purporting to address the RACT requirements for Philadelphia
under the 1997 8-hour ozone NAAQS. The 2006 SIP revision consisted of a
RACT demonstration for Philadelphia, including a certification that
previously adopted RACT regulations approved by EPA in Pennsylvania's
SIP under the 1-hour ozone NAAQS continue to represent RACT for the
1997 8-hour ozone NAAQS implementation purposes; and a negative
declaration that certain VOC source categories that would be covered by
Control Technique Guideline (CTG) documents \5\ do not exist in
Philadelphia. The 2006 SIP revision also included federally enforceable
permits that represented RACT control for four major VOC sources, but
these particular requirements were later addressed by the 2010 SIP
revision, thus superseding this portion of the 2006 SIP revision.\6\
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    \5\ Section 182(b)(2) of the CAA requires states with moderate,
or worse, ozone nonattainment areas to implement RACT controls on
each VOC stationary source category covered by a CTG document issued
by EPA.
    \6\ EPA determined that the provisions in the 2006 and 2010 SIP
revisions were related in addressing Philadelphia's 1997 8-hour
ozone NAAQS RACT obligation and were not separable for approval
purposes as each SIP submittal contained provisions addressing RACT
obligations.
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    Another SIP revision addressing RACT requirements for certain VOC
source categories covered by CTGs in Philadelphia was submitted by
PADEP, on behalf of AMS, on June 22, 2010. The 2010 SIP revision
consisted of two new CTG regulations, Air Management Regulation (AMR) V
section XV (``Control of Volatile Organic Compounds (VOC) from Marine
Vessel Coating Operations'') and AMR V section XVI (``Synthetic Organic
Manufacturing Industry (SOCMI) Air Oxidation, Distillation, and Reactor
Processes''), and related amendments to AMR V Section I
(``Definitions''), as adopted by AMS on April 26, 2010, effective upon
adoption. The 2010 SIP revision also included a negative declaration
for the CTG source category of natural gas and gasoline processing
plants.
    On June 27, 2014, February 18, 2015, and April 26, 2016, PADEP
submitted to EPA, on behalf of AMS, three separate SIP revisions
pertaining to the Philadelphia 1997 8-hour ozone RACT demonstration to
fulfill the conditions in EPA's December 13, 2013 conditional approval.
The three latest RACT SIP revisions include a RACT evaluation for each
major source of NOX and/or VOC in Philadelphia.
    AMS evaluated a total of 25 major NOX and/or VOC sources
in Philadelphia for 1997 8-hour ozone RACT, from which 16 major sources
were subject to Pennsylvania's source-specific RACT requirements in 25
Pa Code 129.91-92. The new or additional controls or the revised
existing controls resulting from the source-specific RACT
determinations were specified as requirements in new or revised
federally enforceable permits (RACT permits) issued by AMS for each
source. These RACT permits are included as part of the Philadelphia
RACT SIP revisions for EPA's approval in the Pennsylvania SIP under 40
CFR 52.2020(d)(1), and are specified in Table 1.

  Table 1--New or Revised Source-Specific RACT Determinations for Major NOX and/or VOC Sources in Philadelphia
                                        Under the 1997 8-Hour Ozone NAAQS
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              Source                    Major source pollutant      New or revised RACT permit  (effective date)
----------------------------------------------------------------------------------------------------------------
Exelon Generating Company--        NOX............................  PA-51-4903 (02/09/16).
 Richmond Station.
Honeywell International--          NOX and VOC....................  PA-51-1151 (02/09/16).
 Frankford Plant [formerly,
 Sunoco Chemical--Frankford
 Plant].
Kinder Morgan Liquids Terminals,   VOC............................  PA-51-5003 (02/09/16).
 LLC [formerly, GATX Terminals
 Corp.].

Naval Surface Warfare Center,      NOX............................  PA-51-9724 (02/09/16).
 Carderock Division, Ship Systems
 Engineering Station (NSWCCD-
 SSES).
Paperworks Industries, Inc.        NOX............................  PA-51-1566 (01/09/15).
 [formerly, Jefferson Smurfit,
 Corp./Container Corp. of
 America].
Philadelphia Energy Solutions--    NOX and VOC....................  PA-51-01501 and PA-51-01517 (02/09/16).
 Refining and Marketing, LLC
 [formerly, Sunoco Inc. (R&M)--
 Philadelphia].
Philadelphia Gas Works--Richmond   NOX............................  PA-51-4922 (01/09/15).
 Plant.
Philadelphia Prison System.......  NOX............................  PA-51-9519 (02/09/16).
Plain Products Terminals, LLC      VOC............................  PA-51-05013 (02/09/16).
 [formerly, Maritank
 Philadelphia, Inc. and Exxon
 Company, USA].
Temple University--Health          NOX............................  PA-51-8906 (01/09/15).
 Sciences Campus.
Temple University--Main Campus...  NOX............................  PA-51-8905 (01/09/15).
Veolia Energy Philadelphia--       NOX............................  PA-51-4902 (01/09/15).
 Edison Station [formerly TRIGEN--
 Edison Station].
Veolia Energy Philadelphia--       NOX............................  PA-51-4942 (02/09/16)/PA-51-4944 (01/09/15)/
 Schuylkill Station [TRIGEN--                                        PA-51-10459 (01/09/15).
 Schuylkill Station]/Grays Ferry
 Cogeneration Partnership--
 Schuylkill Station/Veolia Energy
 Efficiency, LLC \a\.
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\a\ Grays Ferry Cogeneration, Veolia Schuylkill, and Veolia Energy Efficiency are treated as a single major
  source after the 1-hour RACT determination was issued. AMS submitted RACT documentation for each facility
  separately, although considering RACT applicability as a single major source of NOX.

    As part of the source-specific RACT determinations, AMS also
certified for certain emissions units at major sources subject to
previously approved source-specific RACT determinations, that the
existing RACT controls approved under the 1-hour ozone NAAQS continued
to represent RACT for the 1997 8-hour ozone NAAQS. Furthermore, AMS
addressed another 27 NOX and/or VOC sources in Philadelphia
that were previously subject to source-specific RACT determinations for
the 1-hour ozone NAAQS in the Pennsylvania SIP, by certifying that
these sources are no longer subject to RACT for purposes of the 1997 8-
hour ozone NAAQS because they are either no longer major sources of
NOX and/or VOC or have shutdown. AMS requested to remove
from the SIP source-specific RACT determinations approved under the 1-
hour ozone NAAQS, as codified in 40 CFR 52.2020(d)(1), for 18 sources
that have shutdown, as listed in Table 2.

   Table 2--Shutdown Major Sources of NOX and/or VOC in Philadelphia Subject to Previous Source-Specific RACT
                                                 Determinations
----------------------------------------------------------------------------------------------------------------
                                    SIP approved RACT permit  (effective
              Source                                date)                           EPA's approval date
----------------------------------------------------------------------------------------------------------------
Aldan Rubber Company.............  PA-51-1561 (07/21/00).................  10/30/01, 66 FR 54691.
Amoco Oil Company................  PA-51-5011 (05/29/15).................  10/31/01, 66 FR 54936.
Arbill Industries, Inc...........  PA-51-3811 (07/27/99).................  10/30/01, 66 FR 54691.
Braceland Brothers, Inc..........  PA-51-3679 (07/14/00).................  10/30/01, 66 FR 54691.
Budd Company.....................  PA-51-1564 (12/28/95).................  12/15/00, 65 FR 78418.
Eastman Chemical [formerly,        PA-51-3542 (07/27/99).................  10/30/01, 66 FR 54691.
 McWhorter Technologies, Inc.].
Graphic Arts, Incorporated.......  PA-51-2260 (07/14/00).................  10/30/01, 66 FR 54691.
Interstate Brands Corporation....  PA-51-5811 (04/10/95).................  12/15/00, 65 FR 78418.
Kurz Hastings, Inc...............  PA-51-1585 (05/29/95).................  10/31/01, 66 FR 54936.
Lawrence McFadden, Inc...........  PA-51-2074 (06/11/97).................  10/31/01, 66 FR 54936.
O'Brien (Philadelphia)             PA-51-1533 (07/21/00).................  10/30/01, 66 FR 54691.
 Cogeneration, Inc.--Northeast
 Water Pollution Control Plant.
O'Brien (Philadelphia)             PA-51-1534 (07/21/00).................  10/30/01, 66 FR 54691.
 Cogeneration, Inc.--Southwest
 Water Pollution Control Plant.
Pearl Pressman Liberty...........  PA-51-7721 (07/24/00).................  10/30/01, 66 FR 54691.
Philadelphia Baking Company......  PA-51-3048 (04/10/95).................  10/31/01, 66 FR 54936.
Rohm and Haas Company--            PA-51-1531 (07/27/99).................  10/31/01, 66 FR 54942.
 Philadelphia.
Tasty Baking Co..................  PA-51-2054 (04/04/95).................  10/31/01, 66 FR 54942.
Transit America, Inc.............  PA-51-1563 (06/11/97).................  11/5/01, 66 FR 55880.
SBF Communications...............  PA-51-2197 (07/21/00).................  10/31/01, 66 FR 54942.
----------------------------------------------------------------------------------------------------------------

    On April 26, 2016, PADEP submitted a letter, on behalf of AMS,
withdrawing from the 2006 SIP revision the certification of the
Pennsylvania rules related to the NOX SIP Call as 1997 8-
hour ozone RACT, specifically 25 Pa Code sections 145.1-145.100, 25 Pa
Code sections 145.111-145.113, and 25 Pa Code sections 145.141-144. In
the letter, PADEP reaffirms that AMS is no longer relying on the SIP
approved provisions related to the NOX SIP Call as 1997 8-
hour ozone RACT for any sources in Philadelphia.

III. EPA's Rationale for Final Action

    After review and evaluation, EPA determined that AMS provided
adequate documentation in the September 29, 2006, June 22, 2010, June
27, 2014, February 18, 2015 and April 26, 2016 Philadelphia RACT SIP
revisions to support that RACT has been met for all major sources of
NOX and/or VOC in Philadelphia, including sources subject to
source-specific RACT determinations, in accordance with the

Phase 2 Ozone Implementation Rule and latest available information.\7\
EPA finds that the June 27, 2014, February 18, 2015, and April 26, 2016
SIP revisions satisfy the December 15, 2013 conditional approval, and
thus adequately correct the deficiencies in the Philadelphia RACT
demonstration EPA identified from reviewing the 2006 and 2010 SIP
revisions. EPA also determined that the certified and recently adopted
NOX and VOC regulations and the negative declarations
included in the September 29, 2006 and June 22, 2010 SIP revisions,
with exception of the withdrawn portions of the 2006 SIP revision, meet
all other remaining CAA RACT requirements under the 1997 8-hour ozone
NAAQS for Philadelphia. For further discussion on EPA's rationale for
its final rulemaking action are explained in the NPR and in the
technical support document (TSD), both available in the docket for this
rulemaking action, and thus will not be restated here. No public
comments were received on the NPR.
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    \7\ ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2,'' 70 FR 71612-71705 (November 29,
2005).
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IV. Final Action

    In this final rulemaking action, EPA determines that the
Philadelphia 1997 8-hour ozone NAAQS RACT demonstration, included
within the September 29, 2006, June 22, 2010, June 27, 2014, February
18, 2015, and April 26, 2016 SIP revisions, satisfies all applicable
RACT requirements under the CAA for Philadelphia for the 1997 8-hour
ozone NAAQS. EPA is taking various actions on the revisions to the
Pennsylvania SIP addressing Philadelphia 1997 8-hour ozone RACT. EPA is
approving as RACT under the 1997 8-hour ozone NAAQS for Philadelphia
the certified and recently adopted NOX and VOC regulations
and CTG negative declarations included in the September 29, 2006 and
June 22, 2010 SIP revisions, with exception of the portions of the 2006
SIP submittal that were withdrawn by PADEP on April 26, 2016.
Specifically, EPA is finalizing approval of the CTG RACT requirements
in AMR V sections I, XV, and XVI, as amended or adopted in April 26,
2010 and effective upon adoption. EPA is approving as RACT under the
1997 8-hour ozone NAAQS for Philadelphia the source-specific RACT
determinations provided in the June 27, 2014, February 18, 2015, and
April 26, 2016 SIP revisions. EPA is also removing the conditional
nature of the December 13, 2013 conditional approval and granting full
approval to the Philadelphia 1997 8-hour ozone NAAQS RACT
demonstration, based on EPA's determination that the June 27, 2014,
February 18, 2015, and April 26, 2016 RACT SIP revisions satisfy the
conditions established in its conditional approval.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations under the 1997 8-hour ozone NAAQS for
certain major sources of NOX and VOC emissions and
Philadelphia CTG RACT regulations of AMR V sections I, XV, and XVI, as
amended or adopted in April 26, 2010 and effective upon adoption.
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation. 62 FR 27968 (May 22, 1997). EPA
has made, and will continue to make, these materials generally
available through http://www.regulations.gov and/or at the EPA Region
III Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

VI. 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);
     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).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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).

    In addition, section 804 exempts from section 801 the following
types of rules: Rules of particular applicability; rules relating to
agency management or personnel; and rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). Because a portion
of this rule is a rule of particular applicability, EPA is not required
to submit a rule report regarding the portion of this action which is
of particular applicability under section 801, but will submit the
remainder of the rule.

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 December 6, 2016. 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 the Philadelphia RACT requirements under
the 1997 8-hour 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: September 21, 2016.
Shawn M. Garvin,
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 NN--Pennsylvania

0
2. In Sec.  52.2020:
0
a. In the table in paragraph (c)(3), under ``Regulation V--Control of
Emissions of Organic Substances From Stationary Sources'':
0
i. Revise the first entry ``Section I (Except for definitions related
to paragraphs V.C. & V.D.)''.
0
 ii. Remove the second entry ``Section I''.
0
 iii. Add entries ``Section XV'' and ``Section XVI'' in numerical
order.
0
b. In the table in paragraph (d)(1):
0
i. Remove the following entries: ``Aldan Rubber Company''; ``Amoco Oil
Company''; ``Arbill Industries, Inc''; ``Braceland Brothers, Inc'';
``Budd Company''; ``Exelon Generation Company--(PECO)--Richmond
Generating Station''; ``Exxon Company, USA''; ``GATX Terminals
Corporation''; ``Graphic Arts, Incorporated''; ``Interstate Brands
Corporation''; ``Jefferson Smurfit Corp./Container Corp. of America'';
``Kurz Hastings, Inc''; ``Lawrence McFadden, Inc''; ``Maritank
Philadelphia, Inc''; ``McWhorter Technologies, Inc''; ``Naval Surface
Warfare Center, Caderock Division Ship Systems Engineering Station'';
``O'Brien (Philadelphia) Cogeneration, Inc.--Northeast Water Pollution
Control Plant''; ``O'Brien (Philadelphia) Cogeneration, Inc.--Southwest
Water Pollution Control Plant''; ``Pearl Pressman Liberty'';
``Philadelphia Baking Company''; ``Philadelphia Gas Works--Richmond
Plant''; ``Rohm and Haas Company--Philadelphia Plant''; ``SBF
Communications''; ``Sunoco Chemical, Frankford Plant''; ``Sunoco Inc.
(R&M)--Philadelphia''; ``Tasty Baking Co''; ``Temple University, Health
Sciences Center''; ``Transit America, Inc''; ``TRIGEN--Edison
Station''; ``TRIGEN--Schuylkill Station''; and ``U.S. Navy, Naval
Surface Warfare Center--Carderock Division''.
0
ii. Add the following entries at the end of the table: ``Exelon
Generating Company--Richmond Generating Station''; ``Grays Ferry
Cogeneration Partnership--Schuylkill Station''; ``Honeywell
International--Frankford Plant''; ``Kinder Morgan Liquids Terminals,
LLC''; ``Naval Surface Warfare Center--Carderock Division, Ship Systems
Engineering Station (NSWCCD-SSES)''; ``Paperworks Industries, Inc.'';
``Philadelphia Energy Solutions--Refining and Marketing, LLC'';
``Philadelphia Gas Works--Richmond Plant''; ``Philadelphia Prison
System''; ``Plains Products Terminals, LLC''; ``Temple University--
Health Sciences Campus''; ``Temple University--Main Campus''; ``Veolia
Energy Efficiency, LLC''; ``Veolia Energy Philadelphia--Edison
Station''; and ``Veolia Energy Philadelphia--Schuylkill Station''.
    c. In the table in paragraph (e)(1), add the entry ``Philadelphia
1997 8-Hour Ozone RACT Demonstration'' at the end of the table.
    The revisions and additions read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (3) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Additional
         Rule citation               Title/subject           State      EPA approval date    explanation/ Sec.
                                                        effective date                        52.2063 citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                Regulation V--Control of Emissions of Organic Substances From Stationary Sources
----------------------------------------------------------------------------------------------------------------
Section I (Except for           Definitions...........       4/26/2010  10/7/2016,         Amended to include
 definitions related to                                                  [Insert Federal    definitions related
 section V, paragraphs C and                                             Register           to AMR V Sections XV
 D).                                                                     citation].         and XVI. Exempted
                                                                                definitions were
                                                                                addressed in a
                                                                                previous approval.
                                                                                See 58 FR 33200
                                                                                (June 16, 1993).

                                                  * * * * * * *
Section XV....................  Control of Volatile          4/26/2010  10/7/2016,         Addresses RACT
                                 Organic Compounds                       [Insert Federal    requirements for the
                                 (VOC) from Marine                       Register           ozone NAAQS under
                                 Vessel Coating                          citation].         EPA's CTGs.
                                 Operations.
Section XVI...................  Synthetic Organic            4/26/2010  10/7/2016,         Addresses RACT
                                 Manufacturing                           [Insert Federal    requirements for the
                                 Industry (SOCMI) Air                    Register           ozone NAAQS under
                                 Oxidation,                              citation].         EPA's CTGs.
                                 Distillation, and
                                 Reactor Processes.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Additional explanation/
           Name of source                     Permit No.                  County               State         EPA approval date         Sec.   52.2063
                                                                                effective date                                 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Exelon Generation Company--Richmond  PA-51-4903.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Generating Station.                                                                                Federal Register        approved RACT permit.
                                                                                citation].
Grays Ferry Cogeneration             PA-51-4944.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Source is aggregated
 Partnership--Schuylkill Station.                                                                          Federal Register        with Veolia Energy
                                                                                citation].              Efficiency, LLC and
                                                                                Veolia Energy--
                                                                                Schuylkill Station.
Honeywell International--Frankford   PA-51-1151.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Plant.                                                                                Federal Register        approved RACT permit.
                                                                                citation].              Source was formerly
                                                                                Sunoco Chemicals,
                                                                                Frankford Plant.
Kinder Morgan Liquid Terminals, LLC  PA-51-5003.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
                                                                                Federal Register        approved RACT permit.
                                                                                citation].              Source was formerly
                                                                                GATX Terminal
                                                                                Corporation.
Naval Surface Warfare Center--       PA-51-9724.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Carderock Division, Ship Systems                                                                          Federal Register        approved RACT
 Engineering Station (NSWCCD-SSES).                                                                        citation].              permits. Source was
                                                                                formerly U.S. Navy,
                                                                                Naval Surface Warfare
                                                                                Center, Carderock
                                                                                Division (NSWCCD).
Paperworks Industries, Inc.........  PA-51-1566.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
                                                                                Federal Register        approved RACT permit.
                                                                                citation].              Source was formerly
                                                                                Jefferson Smurfit,
                                                                                Corp./Container Corp.
                                                                                of America.
Philadelphia Energy Solutions--      PA-51-01501; PA-51-01517...  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Refining and Marketing, LLC.                                                                              Federal Register        approved RACT permit.
                                                                                citation].              Source was formerly
                                                                                Sunoco Inc. (R&M)--
                                                                                Philadelphia.
Philadelphia Gas Works--Richmond     PA-51-4922.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
 Plant.                                                                                Federal Register        approved RACT permit.
                                                                                citation].
Philadelphia Prison System.........  PA-51-9519.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     ......................
                                                                                Federal Register
                                                                                citation].
Plains Products Terminals, LLC.....  PA-51-05013................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
                                                                                Federal Register        approved RACT permit.
                                                                                citation].              Source was formerly
                                                                                Maritank
                                                                                Philadelphia, Inc.
                                                                                and Exxon Company,
                                                                                USA.
Temple University--Health Sciences   PA-51-8906.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
 Campus.                                                                                Federal Register        approved RACT permit.
                                                                                citation].
Temple University--Main Campus.....  PA-51-8905.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     ......................
                                                                                Federal Register
                                                                                citation].
Veolia Energy Efficiency, LLC......  PA-51-10459................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Source is aggregated
                                                                                Federal Register        with Grays Ferry
                                                                                citation].              Cogeneration
                                                                                Partnership and
                                                                                Veolia Energy--
                                                                                Schuylkill Station.

Veolia Energy Philadelphia--Edison   PA-51-4902.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
 Station.                                                                                Federal Register        approved RACT permit.
                                                                                citation].              Source was formerly
                                                                                TRIGEN--Edison
                                                                                Station.
Veolia Energy Philadelphia--         PA-51-4942.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Schuylkill Station.                                                                                Federal Register        approved RACT permit.
                                                                                citation].              Source was formerly
                                                                                TRIGEN--Schuylkill
                                                                                Station. Source is
                                                                                aggregated with Grays
                                                                                Ferry Cogeneration
                                                                                Partnership and
                                                                                Veolia Energy
                                                                                Efficiency, LLC.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

                                                  * * * * * * *
Philadelphia 1997 8-Hour Ozone   Philadelphia         9/29/2006, 6/  10/7/2016, [Insert  Addressing all
 RACT Demonstration.              County.            22/2010, 6/27/   Federal Register    applicable RACT
                                                        2014, 7/18/   citation].          requirements for
                                                        2015, 4/26/                       Philadelphia under the
                                                               2016                       1997 8-hour ozone
                                                                                standards. This
                                                                                rulemaking action
                                                                                converts the prior
                                                                                conditional approval
                                                                                of RACT demonstration
                                                                                to full approval.
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec.  52.2023  [Amended]

0
3. In Sec.  52.2023, remove paragraph (l).

[FR Doc. 2016-23840 Filed 10-6-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Proposed Rules]
[Pages 49232-49235]
[FR Doc No: 2013-19524]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0691; Directorate Identifier 2012-NM-170-AD]
RIN 2120-AA64

Airworthiness Directives; Learjet Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain Learjet Inc. Model 60 airplanes. The
existing AD currently requires determining if a certain fuel crossflow
tube is installed; and follow-on/corrective actions, as applicable.
Since we issued that AD, we have received a report that airplanes
produced since 2003 might also be subject to the unsafe condition; and
that the minimum allowable clearance is not established in the airplane
maintenance information, and therefore, must be addressed by this
proposed AD. This proposed AD would retain all actions in the previous
AD, and would require determining if a certain fuel crossflow tube is
installed, performing repetitive measurements of the fuel crossflow
tube and surrounding valves and cables, and doing corrective actions if
applicable. In addition, this proposed AD expands the applicability of
the existing AD. We are proposing this AD to prevent chafing and
consequent failure of the fuel crossflow tube due to inadequate
clearance between the tube and the flight control cables, which could
result in loss of fuel from one fuel tank during normal operating
conditions or loss of fuel from both main fuel tanks during fuel cross-
feeding operations.

DATES: We must receive comments on this proposed AD by September 27,
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Learjet,
Inc., One Learjet Way, Wichita, KS 67209-2942; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Jeff Janusz, Aerospace Engineer,
Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316-
946-4148; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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-2013-0691;
Directorate Identifier 2012-NM-170-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On September 16, 2003, we issued AD 2003-19-11, Amendment 39-13314
(68 FR 55812, September 29, 2003), for certain Learjet Inc. Model 60
airplanes. That AD requires a review of airplane maintenance records or
an inspection to determine if a fuel crossflow tube having a certain
part number is installed; and follow-on/corrective actions, as
applicable. That AD resulted from reports of chafing of the fuel
crossflow tube by flight control cables. We issued that AD to prevent
chafing and consequent failure of the fuel crossflow tube due to
inadequate clearance between the tube and the flight control cables,
which could result in loss of fuel from one fuel tank during normal
operating conditions or loss of fuel from both main fuel tanks during
fuel cross-feeding operations.

Actions Since Existing AD 2003-19-11, Amendment 39-13314 (68 FR 55812,
September 29, 2003) Was Issued

    Since we issued AD 2003-19-11, Amendment 39-13314 (68 FR 55812,
September 29, 2003), we have received a report that airplanes produced
since 2003 might be subject to the unsafe condition; and that the
minimum allowable clearance is not established in the airplane
maintenance information, and therefore, must be addressed by this
proposed AD.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2003-19-11,
Amendment 39-13314 (68 FR 55812, September 29, 2003). This proposed AD
would retain all actions in the previous AD, and would require
determining if a certain fuel crossflow tube is installed, performing
repetitive measurements of the fuel crossflow tube and surrounding
valve and cables, and doing corrective actions if applicable.

Differences Between the AD and the Service Information

    Although Bombardier Alert Service Bulletin A60-28-3, Revision 2,
dated October 26, 1998, applies to Learjet Inc. Model 60 airplanes,
serial numbers 60-001 through 60-145 inclusive, this AD applies to
Learjet Inc. Model 60 airplanes, serial numbers 60-001 through 60-409
inclusive. Airplanes having serial numbers 60-001 through 60-409 are
subject to the unsafe condition. In addition, the minimum allowable
clearance is not established in the airplane maintenance information,
and therefore, a repetitive measurement is necessary. This difference
has been coordinated with Learjet Inc.

Change to Existing AD 2003-19-11, Amendment 39-13314 (68 FR 55812,
September 29, 2003)

    This proposed AD would retain all requirements of AD 2003-19-11,
Amendment 39-13314 (68 FR 55812, September 29, 2003). Since AD 2003-19-
11 was issued, the AD format has been revised, and certain paragraphs
have been rearranged. As a result, the corresponding paragraph
identifiers have changed in this proposed AD, as listed in the
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
   Requirement in AD 2003-19-11,
 Amendment 39-13314 (68 FR 55812,     Corresponding requirement in this
        September 29, 2003)                      proposed AD
------------------------------------------------------------------------
 paragraph (a)                       paragraph (g)
 paragraph (b)                       paragraph (h)
 paragraph (c)                       paragraph (i)
 paragraph (d)                       paragraph (j)
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 264 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection [retained actions from AD  2 work-hours x $85 per               $2             $172          $45,408
 2003-19-11, Amendment 39-13314 (68    hour = $170.
 FR 55812, September 29, 2003)].
----------------------------------------------------------------------------------------------------------------

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

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  4 work-hours x $85 per hour =               $20             $360
                                                $340.
----------------------------------------------------------------------------------------------------------------

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 proposed 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 have 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2003-19-11, Amendment 39-13314 (68 FR 55812, September 29, 2003), and
adding the following new AD:

Learjet Inc.: Docket No. FAA-2013-0691; Directorate Identifier 2012-
NM-170-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 27,
2013.

(b) Affected ADs

    This AD supersedes AD 2003-19-11, Amendment 39-13314 (68 FR
55812, September 29, 2003).

(c) Applicability

    This AD applies to Learjet Inc. Model 60 airplanes, certificated
in any category, serial numbers 60-001 through 60-409 inclusive.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of chafing of the fuel crossflow
tube by flight control cables. We are issuing this AD to prevent
chafing and consequent failure of the fuel crossflow tube due to
inadequate clearance between the tube and the flight control cables,
which could result in loss of fuel from one fuel tank during normal
operating conditions or loss of fuel from both main fuel tanks
during fuel cross-feeding operations.

(f) Compliance

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

(g) Retained Part Identification

    This paragraph restates the part identification required by
paragraph (a) of AD 2003-19-11, Amendment 39-13314 (68 FR 55812,
September 29, 2003). For serial numbers 60-001 through 60-145
inclusive: Within 25 flight hours after November 3, 2003 (the
effective date of AD 2003-19-11), inspect the fuel crossflow tube to
determine whether part number (P/N) 6026020-005 is installed.
Instead of inspecting the tube, a review of airplane maintenance
records is acceptable if the P/N of the tube can be positively
determined from that review.

(h) Retained Clearance Measurement and Corrective Action for Airplanes
Having Serial Numbers 60-001 Through 60-145, With Revised Repair
Language

    This paragraph restates the clearance measurement and corrective
action required by paragraph (b) of AD 2003-19-11, Amendment 39-
13314 (68 FR 55812, September 29, 2003), with revised repair
language. For Learjet Inc. Model 60 airplanes, serial numbers 60-001
through 60-145 inclusive: If P/N 6026020-005 is found installed
during the review or inspection required by paragraph (g) of this
AD, before further flight, measure the clearance between the fuel
crossflow tube and the flight control cables to determine if it is
at least 0.35 inch, per paragraph 2.B.(8) of the Accomplishment
Instructions of Bombardier Alert Service Bulletin A60-28-3, Revision
2, dated October 26, 1998.
    (1) If the clearance is 0.35 inch or more, no further action is
required by this paragraph.
    (2) If the clearance is less than 0.35 inch, before further
flight, repair in accordance with a method approved by the Manager,
Wichita Aircraft Certification Office (ACO), FAA. For a repair
method to be approved by the Manager, Wichita ACO, as required by
this paragraph, the Manager's approval letter must specifically
refer to this AD.

(i) Retained Part Replacement, Measurement, and Repair for Airplanes
Having Serial Numbers 60-001 Through 60-055, With Revised Repair
Language

    This paragraph restates the clearance measurement and corrective
action required by paragraph (c) of AD 2003-19-11, Amendment 39-
13314 (68 FR 55812, September 29, 2003), with revised repair
language. For airplanes having serial numbers 60-001 through 60-055:
If P/N 6026020-005 is not found installed during the review or
inspection required by paragraph (g) of this AD, within 90 days
after accomplishing the review or inspection, replace the existing
fuel crossflow tube with a new fuel crossflow tube having P/N
6026020-005, and measure the clearance between the newly installed
fuel crossflow tube and the flight control cables, per paragraph
2.A. of the Accomplishment Instructions of Bombardier Service
Bulletin 60-28-4, Revision 2, dated August 22, 2001.
    (1) If the clearance is 0.35 inch or more, no further action is
required by this paragraph.
    (2) If the clearance is less than 0.35 inch, before further
flight, repair in accordance with a method approved by the Manager,
Wichita ACO, FAA. For a repair method to be approved by the Manager,
Wichita ACO, as required by this paragraph, the Manager's approval
letter must specifically refer to this AD.

(j) Retained Part Replacement, Measurement, and Repair for Airplanes
Having Serial Numbers 60-056 Through 60-145, With Revised Repair
Language

    This paragraph restates the clearance measurement and corrective
action required by paragraph (d) of AD 2003-19-11, Amendment 39-
13314 (68 FR55812, September 29, 2003), with revised repair
language. For airplanes having serial numbers 60-056 through 60-145:
If P/N 6026020-005 is not found installed during the review or
inspection required by paragraph (g) of this AD, within 90 days
after accomplishing the review or inspection, replace the existing
fuel crossflow tube with a new fuel crossflow tube having P/N
6026020-005, and measure the clearance between the newly installed
fuel crossflow tube and the flight control cables to determine if
the clearance is at least 0.35 inch, per paragraph 2.B. of the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A60-28-3, Revision 2, dated October 26, 1998.
    (1) If the clearance is 0.35 inch or more, no further action is
required by this paragraph.
    (2) If the clearance is less than 0.35 inch, before further
flight, repair in accordance with a method approved by the Manager,
Wichita ACO, FAA. For a repair method to be approved by the Manager,
Wichita ACO, as required by this paragraph, the Manager's approval
letter must specifically refer to this AD.
    Note 1 to paragraphs (h) and (j) of this AD: Bombardier Alert
Service Bulletin A60-28-3, Revision 2, dated October 26, 1998,
Figure 1, Detail D, incorrectly identifies the fuel crossflow tube
to be installed as P/N 6026020-001. The manufacturer is aware of
this error and stated it plans to correct the part number in the
next revision of the service information.

(k) New Part Identification

    For airplanes having serial numbers 60-001 through 60-409
inclusive: Within 25 flight hours after the effective date of this
AD, inspect the fuel crossflow tube to determine whether P/N
6026020-005 is installed. In lieu of inspecting the tube, a review
of airplane maintenance records is acceptable if the P/N of the tube
can be positively determined from that review.

(l) New Clearance Measurement

    If P/N 6026020-005 is found installed during the inspection
required by paragraph (k) of this AD, before further flight, measure
the clearance between the fuel crossflow tube and both elevator
control cables to determine if it is 0.35 inches or more, in
accordance with paragraph 2.A.(9) of the Accomplishment Instructions
of Bombardier Optional Spares Service Bulletin 60-28-4, Revision 2,
dated August 22, 2001.
    (1) If the clearance is 0.35 inch or more, no further action is
required by this paragraph.
    (2) If the clearance is less than 0.35 inch, before further
flight, adjust the fit of the P/N 6026020-005 tube to provide 0.35
inch or more clearance to both elevator control cables, in
accordance with paragraph 2.A.(9) of the Accomplishment Instructions
of Bombardier Optional Spares Service Bulletin 60-28-4, Revision 2,
dated August 22, 2001. If the tube shows any indication of chafing
from the control cables, before further flight, replace the fuel
cross flow tube with a new fuel cross flow tube, in accordance with
paragraph 2.A.(9) of the Accomplishment Instructions of Bombardier
Optional Spares Service Bulletin 60-28-4, Revision 2, dated August
22, 2001.

(m) New Repetitive Measurements

    For all airplanes: As of the effective date of this AD and after
accomplishing the inspection required by paragraph (g) or (k) of
this AD, as applicable: Before further flight after removal,
replacement, or adjustment of any crossflow tube, fuel cross flow
drain valve, fuel cross flow valve or related plumbing and fittings,
and elevator control cable, measure the clearance between the fuel
crossflow tube and the flight control cables, in accordance with
paragraph 2.A.(9) of the Accomplishment Instructions of Bombardier
Optional Spares Service Bulletin 60-28-4, Revision 2, dated August
22, 2001.
    (1) If the clearance is 0.35 inch or more, no further action is
required by this paragraph.
    (2) If the clearance is less than 0.35 inch, before further
flight, adjust the fit of the P/N 6026020-005 tube to provide 0.35
inch or more clearance to both elevator control cables, in
accordance with paragraph 2.A.(9) of the Accomplishment Instructions
of Bombardier Optional Spares Service Bulletin 60-28-4, Revision 2,
dated August 22, 2001.

(n) Reporting Requirement

    Submit a report of the findings of the initial measurement
required by paragraph (l) of this AD to the Wichita Manufacturing
Inspection District Office, 2204 S. Tyler Rd, Wichita, KS, 67209-
3001, at the applicable time specified in paragraph (n)(1) or (n)(2)
of this AD. The report must include the airplane registration,
serial number, the total time in service, and the measured clearance
found between the fuel crossflow tube and the elevator control
cables after the initial inspection. Under the provisions of the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has approved the information collection
requirements contained in this AD and has assigned OMB Control
Number 2120 0056.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(o) Part Installation Limitation

    As of the effective date of AD, only fuel crossflow tubes having
P/N 6026020-005 may be installed on any airplane.

(p) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(q) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

 (r) Related Information

    (1) For more information about this AD, contact Jeff Janusz,
Aerospace Engineer, Propulsion Branch, ACE-116W, FAA, Wichita
Aircraft Certification Office (ACO), 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, KS 67209-2942; telephone
316-946-2000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet http://www.bombardier.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 2, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-19524 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 27, 2009 (Volume 74, Number 227)]
[Rules and Regulations]
[Page 62229-62231]
[DOCID:fr27no09-11]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0317; Directorate Identifier 79-ANE-18; Amendment
39-16087; AD 2009-24-01]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney JT8D-7, -7A, -7B, -9, -
9A, -11, -15, and -17 Turbofan Engines

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for Pratt & Whitney JT8D-1, -1A, -1B, -7, -7A, -7B, -9, -9A, -11,
-15, and -17 turbofan engines with 2nd stage fan blades, part number
(P/N) 433802, 645902, 759902, 695932, 678102, or 746402, installed.
That AD currently requires initial and repetitive ultrasonic inspection
(UI) and fluorescent penetrant inspection (FPI) of those P/N 2nd stage
fan blades. This AD replaces the required FPI with eddy current
inspection (ECI) on all affected 2nd stage fan blades and maintains the
requirement of UI of the blade root attachment on some of the affected
2nd stage fan blades. This AD also introduces an optional terminating
action to the repetitive blade inspections for certain engine models.
This AD results from reports of 10 fractures of 2nd stage fan blades
since AD 87-14-01R1 became effective. We are issuing this AD to prevent
uncontained failure of 2nd stage fan blades, which could result in
damage to the airplane.

DATES: This AD becomes effective January 4, 2010. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of January 4, 2010.

ADDRESSES: You can get the service information identified in this AD
from Pratt & Whitney, 400 Main St., East Hartford, CT 06108; telephone
(860) 565-8770; fax<PHONE_NUMBER>.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Kevin Dickert, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 by
superseding AD 87-14-01 R1, Amendment 39-6359 (54 FR 43954, October 30,
1989), with a proposed AD. The proposed AD applies to JT8D-7, -7A, -7B,
-9, -9A, -11, -15, and -17 turbofan engines with 2nd stage fan blades,
P/N 433802, 645902, 759902, 695932, 678102, or 746402 installed. We
published the proposed AD in the Federal Register on August 7, 2009 (74
FR 39582). That action proposed to replace the required FPI with ECI on
all affected 2nd stage fan blades and would maintain the requirement of
UI of the blade root attachment on some of the affected 2nd stage fan
blades. That action also proposed to introduce an optional terminating
action to the repetitive blade inspections for certain engine models.

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 AD, the regulatory

evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
provided in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comment received.
    One commenter, FedEx Express, requests that we add a requirement to
the AD to mandate the inspections to be performed at a repair agency
having engine overhaul capabilities.
    We do not agree. Code of Federal Regulations, 14 Part 43
(Maintenance, Preventative Maintenance, Rebuilding, and Alteration)
establish the requirements as to who can perform these types of actions
on type-certificated products, including the actions specified in this
AD. Restating these requirements in the AD is unnecessary. We did not
change the AD.

Conclusion

    We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 1,380 engines installed on
airplanes of U.S. registry. We also estimate that it will take about 25
work-hours per engine to perform one inspection cycle, and that the
average labor rate is $80 per work-hour. Based on these figures, we
estimate the total cost of the AD to U.S. operators to be $2,760,000.

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-6359 (54 FR
43954, October 30, 1989), and by adding a new airworthiness directive,
Amendment 39-16087, to read as follows:

2009-24-01 Pratt & Whitney: Amendment 39-16087. Docket No. FAA-2009-
0317; Directorate Identifier 79-ANE-18.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
4, 2010.

Affected ADs

    (b) This AD supersedes AD 87-14-01 R1, Amendment 39-6359.

Applicability

    (c) This AD applies to Pratt & Whitney JT8D-7, -7A, -7B, -9, -
9A, -11, -15, and -17 turbofan engines, with 2nd stage fan blades,
part number (P/N) 433802, 645902, 759902, 695932, 678102, or 746402,
installed. These engines are installed on, but not limited to,
Boeing 727, 737, and McDonnell Douglas DC-9 series airplanes.

Unsafe Condition

    (d) This AD results from reports of 10 fractures of 2nd stage
fan blades since AD 87-14-01R1 became effective. We are issuing this
AD to prevent uncontained failure of 2nd stage fan blades, which
could result in damage to the airplane.

Compliance

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

2nd Stage Fan Blade Inspections

    (f) For 2nd stage fan blades, P/N 678102 and P/N 746402, perform
an eddy current inspection (ECI) of the blade pin-root holes for
cracks, and for 2nd stage fan blades, P/Ns 433802, 645902, 759902,
and 695932, perform an ECI of the blade pin-root holes and perform
an ultrasonic inspection (UI) of the blade root attachment for
cracks, as follows:
    (1) Perform an inspection at the first disassembly of the 2nd
stage fan rotor from the low-pressure (LP) compressor after
accumulation of 3,000 cycles-in-service (CIS) since the last
inspection of the blade root attachment, not to exceed 10,000 CIS
since last inspection.
    (2) If the 2nd stage fan blades were new at their last
installation onto the 2nd stage fan disk, inspect at the first
disassembly of the 2nd stage fan rotor from the LP compressor after
accumulating 3,000 cycles-since-new (CSN), not to exceed 10,000 CSN.
    (3) Thereafter, inspect the 2nd stage fan blades at each
disassembly of the 2nd stage fan rotor from the LP compressor after
accumulating 3,000 CIS, not to exceed 10,000 CIS since the last
inspection.
    (4) Guidance on performing ECIs and UIs of the 2nd stage fan
blade pin-root holes and blade root attachments can be found in
Pratt & Whitney Maintenance Advisory Notice MAN-JT8D-1-08. Contact
Pratt & Whitney, 400 Main St., East Hartford, CT 06108; telephone
(860) 565-8770; fax<PHONE_NUMBER>, for a copy of this service
information.
    (5) Remove from service before further flight any 2nd stage fan
blades that are found cracked.

Optional Terminating Action

    (g) For JT8D-9, -9A, -11, -15, and -17 engines, as optional
terminating action to the repetitive inspections required by this
AD, replace the affected 2nd stage fan blades with redesigned 2nd
stage fan blades using Pratt & Whitney Service Bulletin No. 5866,
Revision 2, dated October 20, 1998.

Alternative Methods of Compliance

    (h) The Manager, Engine Certification Office, FAA, has the
authority to approve alternative methods of compliance for this AD,
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) Contact Kevin Dickert, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>,
for more information about this AD.

Material Incorporated by Reference

    (j) You must use Pratt & Whitney Service Bulletin No. 5866,
Revision 2, dated October 20, 1998, to perform the optional
terminating action in this AD. The Director of the Federal Register
approved the incorporation by reference of this service bulletin in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Pratt &
Whitney, 400 Main St., East Hartford, CT 06108; telephone (860) 565-
8770; fax<PHONE_NUMBER>, for a copy of this service information.
You may review copies at the FAA, New England Region, 12 New England
Executive Park, Burlington, MA; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on November 9, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-27518 Filed 11-25-09; 8:45 am]

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