[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67419-67420]
[FR Doc No: 2020-23345]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0999]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Protection
of Voluntarily Submitted Information

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves protection of voluntarily submitted
information. Part 193 of the Federal Aviation Administration (FAA)
regulations provides that certain information submitted to the FAA on a
voluntary basis is not to be disclosed. This part implements a
statutory provision. The purpose of Part 193 is to encourage the
aviation community to voluntarily share information with the FAA so
that the agency may work cooperatively with industry to identify
modifications to rules, policies, and procedures needed to improve
safety, security, and efficiency of the National Airspace System (NAS).
The information collection associated with Part 193 also supports the
Department of Transportation's Strategic Goal of Safety and Security.

DATES: Written comments should be submitted by December 21, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Sandra Ray, Federal Aviation Administration, Policy
Integration Branch AFS-270, 1187 Thorn Run Road, Suite 200, Coraopolis,
PA 15108.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lee Magnuson by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0646.
    Title: Protection of Voluntarily Submitted Information.
    Form Numbers: None.
    Type of Review: Renewal of an information collection.
    Background: Part 193 of the FAA regulations provides that certain
information submitted to the FAA on a voluntary basis is not to be
disclosed. Part 193 implements a statutory provision. Section 40123 was
added to Title 49, United States Code, in the Federal Aviation
Reauthorization Act of 1996 to encourage people to voluntarily submit
desired information. Section 40123 allows the Administrator, through
FAA regulations, to protect from disclosure voluntarily provided
information relating to safety and security issues.
    The purpose of part 193 is to encourage the aviation community to
voluntarily share information with the FAA so that the agency may work
cooperatively with industry to identify modifications to rules,
policies, and procedures needed to improve safety, security, and
efficiency of the National Airspace System. FAA programs that are
covered under part 193 are Voluntary Safety Reporting Programs, Air
Traffic and Technical Operations Safety Action programs, the Flight
Operational Quality Assurance program, the Aviation Safety Action
Program, and the Voluntary Disclosure Reporting Program. This rule
imposes a negligible paperwork burden for certificate holders and
fractional ownership programs that choose to submit a letter notifying
the

Administrator that they wish to participate in a current program.
    The number of respondents has greatly increased since the initial
approval of this information collection. In order to accurately reflect
the burden of this information collection going forward, the FAA has
included total current participants in the programs.
    Respondents: 1,336.
    Frequency: Varies per response time.
    Estimated Average Burden per Response: Varies per response time.
    Estimated Total Annual Burden: 1,346 Hours.

    Issued in Washington, DC, on October 16, 2020.
Sandra L. Ray,
Aviation Safety Inspector, FAA, Policy Integration Branch, AFS-270.
[FR Doc. 2020-23345 Filed 10-21-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Page 28275]
[FR Doc No: 2013-11438]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Office of Commercial Space Transportation; Safety Approval
Performance Criteria

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notification of criteria used to evaluate the Black Sky
Training, Inc. (BST) safety approval application.

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SUMMARY: The FAA issued BST a safety approval, subject to the
provisions of Title 51 U.S.C Subtitle V, ch. 509, and the orders, rules
and regulations issued under it. Pursuant to Title 14 Code of Federal
Regulations (14 CFR) Sec.  414.35, this Notice publishes the criteria
that were used to evaluate the safety approval application.
    Background: BST applied for, and received, a safety approval for
its ability to provide as a service, scenario based physiology
training, which includes hypobaric chamber training. BST may offer its
scenario based physiology altitude training as a service to a
prospective launch and reentry operator to meet the applicable crew and
participant training requirements of 14 CFR 460.5 and 14 CFR 460.51.
    Criteria Used To Evaluate Safety Approval Application: The
performance criteria for this safety approval include 14 CFR 61.31(g)
for additional training required for operating pressurized aircraft
capable of operating at high altitudes. These criteria are FAA
regulations, which are acceptable technical criteria for reviewing a
safety approval application per 14 CFR 414.19(a)(1). The FAA's
evaluation included assessment of BST's scenario based physiology
training lesson plan and objectives, which include classroom and
hypobaric chamber training for crew and space flight participants to
experience and demonstrate knowledge of the following through testing:
     Understand fundamental principles of the atmosphere and
how it relates to the human body.
     Understand the fundamentals of respiratory physiology and
how it relates to hypoxia.
     Show competence in the identification of the many
different symptoms and physical signs of hypoxia.
     Show advanced competence in the phenomena of neurological
impairment (time of useful consciousness) due to hypoxia.
     Understand the effects of prolonged oxygen use.
     Understand the difference between decompression illness
and hypoxia.
     Demonstrate using different scenarios the difference
between slow decompression and rapid decompression.
     Identify personal symptoms of hypoxia and demonstrate
donning of oxygen mask and ability to perform within a hypobaric
chamber.

FOR FURTHER INFORMATION CONTACT: For questions about the performance
criteria, you may contact Randal Maday, Licensing and Evaluation
Division (AST-200), FAA Office of Commercial Space Transportation
(AST), 800 Independence Avenue SW., Room 331, Washington, DC 20591,
telephone<PHONE_NUMBER>; Email<EMAIL_ADDRESS>
     Issued in Washington, DC, on May 7, 2013.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2013-11438 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26291-26292]
[FR Doc No: 2011-10441]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0005; FRL-8870-3]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register new
uses for pesticide products containing currently registered active
ingredients, pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is
publishing this Notice of such applications, pursuant to section
3(c)(4) of FIFRA.

DATES: Comments must be received on or before June 6, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number specified within the table below, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number specified
for the pesticide of interest as shown in the registration application
summaries. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., 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 either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: A contact person is listed at the end
of each registration application summary and may be contacted by
telephone or e-mail. The mailing address for each contact person listed
is: Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, and Biopesticides and Pollution Prevention
Division (7511P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
If you are commenting in a docket that addresses multiple products,
please indicate to which registration numbers your comment applies.
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA received applications as follows to register pesticide products
containing currently registered active ingredients pursuant to the
provisions of section 3(c) of FIFRA, and is publishing this Notice of
such applications pursuant to section 3(c)(4) of FIFRA. Notice of
receipt of these applications does not imply a decision by the Agency
on the applications.
    1. Registration Number/File Symbol: 264-830 and 264-831. Docket
Number: EPA-HQ-OPP-2011-0087. Company name and address: Bayer
CropScience, P.O. Box 12014, 2 T.W. Alexander Dr., Research Triangle
Park, NC 27709. Active ingredient: Spirodiclofen. Proposed Uses:
Acerola, atemoya, biriba, cherimoya, custard apple, feijoa, jaboticaba,
guava, ilama, longan, lychee, passionfruit, pulasan, soursop, spanish
lime, starfruit, sugar apple, wax jambu, rambutan, and persimmon.
Contact: Rita Kumar, Registration Division,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    2. Registration Number/File Symbol: 59639-173, 59639-150, and
59639-151. Docket Number: EPA-HQ-OPP-2010-0217. Company name and
address: Valent, U.S.A. Corp., P.O. Box 8025, Walnut Creek, CA 94596-
8025. Active ingredient: Clothianidin. Proposed Use: Terrestrial use on
rice. Contact: Marianne Lewis, Registration Division,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    3. Registration Number/File Symbol: 10163-GEE. Docket Number: EPA-
HQ-OPP-2006-0075. Company name and address: Gowan Company, 370 Main
St., Yuma, AZ 85364. Active ingredient: Fenazaquin. Proposed Use:
Alfalfa; avocado; beans, dry; beans, succulent; berry group; citrus
group; corn, field; corn, sweet; cotton; cucurbits; fruiting
vegetables, field and greenhouse; grapes; hops; mint; pome fruit group;
stonefruit group; strawberries; tree nut group. Contact: Daniel
Peacock, Registration Division,<PHONE_NUMBER><EMAIL_ADDRESS>    4. Registration Number/File Symbol: 71693-1. Docket Number: EPA-HQ-
OPP-2011-0305. Company name and address: Arizona Cotton Research and
Protection Council, 3721 East Wier Avenue, Phoenix, AZ 85040-2933.
Active ingredient: Aspergillus favus AF36. Proposed Use: Pistachio.
Contact: Shanaz Bacchus, Biopesticides and Pollution Prevention
Division,<PHONE_NUMBER><EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: April 20, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-10441 Filed 5-5-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18525-18526]
[FR Doc No: 2019-08833]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC19-80-000.
    Applicants: Emera Maine, Maine Electric Power Company, Maine Yankee
Atomic Power Company.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Emera Maine, et al.
    Filed Date: 4/24/19.
    Accession Number: 20190424-5247.
    Comments Due: 5 p.m. ET 5/15/19.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG19-94-000.
    Applicants: Oberon Solar IA, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Oberon Solar IA, LLC.
    Filed Date: 4/24/19.
    Accession Number: 20190424-5186.
    Comments Due: 5 p.m. ET 5/15/19.

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

    Docket Numbers: ER19-263-002.
    Applicants: AMP Transmission, LLC, PJM Interconnection, L.L.C.
    Description: Compliance filing: AMPT's Compliance Filing Pursuant
to

March 26, 2019 Order re: H-32A and H-32B to be effective 1/1/2019.
    Filed Date: 4/25/19.
    Accession Number: 20190425-5084.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: ER19-1270-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2019-04-25_SA 3264 Brown Valley
Conductor Clearance Sub MPFCA (J488 J493 J526) to be effective 5/13/
2019.
    Filed Date: 4/25/19.
    Accession Number: 20190425-5133.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: ER19-1668-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Sec.  205(d) Rate Filing: Filing of a CIAC Agreement
to be effective 4/19/2019.
    Filed Date: 4/24/19.
    Accession Number: 20190424-5182.
    Comments Due: 5 p.m. ET 5/15/19.

    Docket Numbers: ER19-1669-000.
    Applicants: Grande Prairie Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Grande Prairie Wind, LLC MBR
Tariff Amendments to be effective 6/24/2019.
    Filed Date: 4/24/19.
    Accession Number: 20190424-5183.
    Comments Due: 5 p.m. ET 5/15/19.

    Docket Numbers: ER19-1670-000.
    Applicants: Marshall Wind Energy LLC.
    Description: Sec.  205(d) Rate Filing: Marshall Wind MBR Tariff
Amendment Filing to be effective 6/24/2019.
    Filed Date: 4/24/19.
    Accession Number: 20190424-5184.
    Comments Due: 5 p.m. ET 5/15/19.

    Docket Numbers: ER19-1671-000.
    Applicants: CalEnergy, LLC.
    Description: Sec.  205(d) Rate Filing: CalEnergy MBR Tariff
Amendment Filing to be effective 6/24/2019.
    Filed Date: 4/24/19.
    Accession Number: 20190424-5185.
    Comments Due: 5 p.m. ET 5/15/19.

    Docket Numbers: ER19-1672-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1148R25 American Electric
Power NITSA and NOA to be effective 4/1/2019.
    Filed Date: 4/25/19.
    Accession Number: 20190425-5036.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: ER19-1673-000.
    Applicants: Midcontinent Independent System Operator, Inc., Union
Electric Company.
    Description: Sec.  205(d) Rate Filing: 2019-04-25_SA 2015_Ameren-
City of Jackson 3rd Rev WDS to be effective 4/1/2019.
    Filed Date: 4/25/19.
    Accession Number: 20190425-5060.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: ER19-1675-000.
    Applicants: Ohio Power Company, AEP Ohio Transmission Company,
Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEP Ohio submits ILDSA,
Service Agreement No. 1430 and City of Wapakoneta FA to be effective 4/
25/2019.
    Filed Date: 4/25/19.
    Accession Number: 20190425-5062.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: ER19-1676-000.
    Applicants: Virginia Electric and Power Company.
    Description: Compliance filing: Chesapeake--Deactivation of Certain
Units to be effective N/A.
    Filed Date: 4/25/19.
    Accession Number: 20190425-5102.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: ER19-1677-000.
    Applicants: Coyanosa Gas Services Corporation.
    Description: Sec.  205(d) Rate Filing: Coyanosa Gas Services Corp
Notice of Succession Filing to be effective 4/25/2019.
    Filed Date: 4/25/19.
    Accession Number: 20190425-5103.
    Comments Due: 5 p.m. ET 5/16/19.

    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 5:00
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: April 25, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-08833 Filed 4-30-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Proposed Rules]
[Pages 13084-13086]
[FR Doc No: 2017-04683]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0041; FRL-9958-92-Region 9]

Approval of Arizona Air Plan Revisions, Arizona Department of
Environmental Quality and Maricopa County Air Quality Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Arizona Department of Environmental Quality
(ADEQ) and Maricopa County Air Quality District (MCAQD) portions of the
Arizona State Implementation Plan (SIP). These revisions were submitted
by ADEQ in response to EPA's May 22, 2015, finding of substantial
inadequacy and SIP call for certain provisions in the SIP related to
affirmative defenses applicable to excess emissions during startup,
shutdown, and malfunction (SSM) events. EPA is proposing approval of
the SIP revisions because the Agency has determined that they are in
accordance with the requirements for SIP provisions under the Clean Air
Act (CAA or the Act).

DATES: Any comments must arrive by April 10, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0041 at http://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia

submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. What action is the EPA proposing today?
II. What is the background for the EPA's proposed action?
III. Why is the EPA proposing this action?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What action is EPA proposing today?

    The EPA is proposing to approve revisions to the Arizona SIP. The
revisions will remove from the ADEQ and MCAQD portions of the Arizona
SIP provisions related to affirmative defenses that sources could
assert in the event of enforcement actions for violations of SIP
requirements during SSM events. Removal of the affirmative defense
provisions from the SIP will make the ADEQ and MCAQD portions of the
SIP consistent with CAA requirements with respect to this issue. ADEQ
and MCAQD are retaining the affirmative defenses solely for state law
purposes, outside of the SIP. Removal of the affirmative defenses from
the SIP is also consistent with the EPA policy for exclusion of ``state
law only'' provisions from SIPs, and will serve to minimize any
potential confusion about the inapplicability of the affirmative
defense provisions in federal court enforcement actions. Table 1 lists
the rules addressed by this proposal with the dates on which each rule
was rescinded by the ADEQ or MCAQD and submitted by the ADEQ in
response to EPA's final action entitled ``State Implementation Plans:
Response to Petition for Rulemaking; Restatement and Update of EPA's
SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and
SIP Calls To Amend Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction,'' 80 FR 33839 (June 12,
2015), hereafter referred to as the ``SSM SIP Action.''

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title             Rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ...............................       R18-2-310  Affirmative Defense for            09/07/16        11/17/16
                                                      Excess Emissions Due to
                                                      Malfunctions, Startup, and
                                                      Shutdown.
MCAQD..............................             140  Excess Emissions...........        08/17/16        11/18/16
----------------------------------------------------------------------------------------------------------------

    On December 15, 2016 and December 21, 2016, respectively, the EPA
determined that the submittals with respect to ADEQ R18-2-310 and MCAQD
Rule 140 met the completeness criteria in 40 CFR part 51, appendix V,
which must be met before formal EPA review of the submittals for
approvability in accordance with applicable CAA requirements.

II. What is the background for the EPA's proposed action?

    On June 12, 2015, pursuant to CAA section 110(k)(5), the EPA
published the final SSM SIP Action finding that certain SIP provisions
in thirty-six states were substantially inadequate to meet CAA
requirements and called on those states to submit SIP revisions to
address those inadequacies. 80 FR 33839. As required by the CAA, the
EPA established a reasonable deadline (not to exceed 18 months) by
which the affected states must submit such SIP revisions. In accordance
with the SSM SIP Action, states were required to submit corrective
revisions to their SIPs by November 22, 2016. The EPA's reasoning,
legal authority, and responsibility under the CAA for issuing the SIP
call to Arizona can be found in the SSM SIP Action.
    In the SSM SIP Action, the EPA determined that two provisions in
ADEQ Rule R18-2-310, which provide affirmative defenses for excess
emissions during malfunctions (AAC Sec.  R18-2-310(B)) and for excess
emissions during startup or shutdown (AAC Sec.  R18-2-310(C)) were
substantially inadequate to meet CAA requirements. Specifically, AAC
Sec.  R18-2-310(B) and AAC Sec.  R18-2-310(C) contain affirmative
defense provisions that operate to alter or affect the jurisdiction of
federal courts in the event of an enforcement action, contrary to the
enforcement structure of the CAA in section 113 and section 304. 80 FR
33971 (June 12, 2015).
    In the SSM SIP Action, the EPA also determined that comparable
provisions in the MCAQD portion of the SIP were substantially
inadequate. MCAQD Regulations provided affirmative defenses for excess
emissions during malfunctions (MCAQD Regulation 3, Rule 140, Sec.  401)
and for excess emissions during startup or shutdown (MCAQD Regulation
3, Rule 140, Sec.  402). These provisions in MCAQD Rule 140 are similar
to the affirmative defense provisions in ADEQ R18-2-310. The EPA
concluded that these MCAQD provisions operate to alter or affect the
jurisdiction of federal courts in the event of an enforcement action,
contrary to the enforcement structure of the CAA in section 113 and
section 304. See 80 FR 33972 (June 12, 2015).
    On November 17 and 18, 2016, ADEQ made timely submittals in
response to the SSM SIP Action. As noted above, the EPA found these
submittals complete on December 15 and 16, 2016. In the submittals,
ADEQ is requesting that EPA revise the Arizona SIP by removal of AAC
R18-2-310 and MCAQD Rule 140 in their entirety, thereby removing the
affirmative defense provisions from the Arizona SIP. This approach is
consistent with the EPA's interpretation of CAA requirements for SIP
provisions.

III. Why is the EPA proposing this action?

    In the SSM SIP Action, the EPA made a finding of substantial
inadequacy and issued a SIP call with respect to ADEQ AAC Sec. Sec.
R18-2-310(B) and R18-2-310(C) and MCAQD Rule 140 Sec. Sec.  401 and
402, and issued a SIP call with respect to these provisions pursuant to
CAA section 110(k)(5). In response, ADEQ made SIP submittals requesting
the EPA to remove AAC R18-2-310 and MCAQD Rule 140 from the Arizona SIP
in their entirety. Affirmative defense provisions like these are
inconsistent with CAA requirements and removal of these provisions
would strengthen the SIP. Today's action, if finalized, would remove
the affirmative defense provisions from the ADEQ and MCAQD portions of
the EPA-approved SIP for Arizona. The EPA is proposing to find that
these revisions are consistent with CAA requirements and that they
adequately address the specific SIP deficiencies that the EPA
identified in the SSM SIP Action with respect to the ADEQ and MCAQD
portions of the Arizona SIP.

IV. Proposed Action

    The EPA is proposing to approve the Arizona SIP revisions removing
ADEQ R18-2-310 and MCAQD Rule 140 from the ADEQ and MCAQD portions of
the Arizona SIP. The EPA is proposing approval of the SIP revisions
because the Agency has determined that they are in accordance with the
requirements for SIP provisions under the CAA. The EPA is not reopening
the SSM SIP Action in this action and is only taking comment on whether
this SIP revision is consistent with CAA requirements and whether it
addresses the identified substantial inadequacy in the specific Arizona
SIP provisions identified in the SSM SIP Action.

V. Statutory and Executive Order Reviews

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

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 18, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-04683 Filed 3-8-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Rules and Regulations]
[Pages 64394-64396]
[FR Doc No: 2013-25342]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1245; Directorate Identifier 2012-NE-41-AD;
Amendment 39-17626; AD 2013-21-02]
RIN 2120-AA64

Airworthiness Directives; Lycoming Engines and Continental
Motors, Inc. Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding airworthiness directive (AD) 2012-24-09 for
Lycoming Engines TIO-540-AK1A, and Continental Motors, Inc. (CMI) TSIO-
360-MB, TSIO-360-SB, and TSIO-360-RB reciprocating engines, with
certain Hartzell Engine Technologies (HET) turbochargers, model TA0411,
installed. AD 2012-24-09 required removing certain HET turbochargers
from service before further flight. This AD also requires removing
certain HET turbochargers from service before further flight. This AD
was prompted by a report that an additional engine, the CMI LTSIO-360-
RB, has the affected HET turbochargers installed. We are issuing this
AD to prevent turbocharger turbine wheel failure, reduction or complete
loss of engine power, loss of engine oil, oil fire, and damage to the
airplane.

DATES: This AD is effective November 13, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 20,
2012 (77 FR 72203, December 5, 2012).
    We must receive any comments on this AD by December 13, 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Hartzell
Engine Technologies, LLC, 2900 Selma Highway, Montgomery, AL 36108,
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http://www.hartzellenginetech.com. You may view this service information at the
FAA, 12 New England Executive Park, Burlington, MA. 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 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: Christopher Richards, Aerospace
Engineer, Chicago Aircraft Certification Office, FAA, 2300 E. Devon
Ave., Des Plaines, IL 60018; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On November 29, 2012, we issued AD 2012-24-09, Amendment 39-17279
(77 FR 72203, December 5, 2012), for Lycoming Engines TSIO-540-AK1A,
and CMI TSIO-360-MB, TSIO-360-SB, and TSIO-360-RB reciprocating
engines, with certain HET turbochargers, model TA0411, part numbers
466642-0001;<PHONE_NUMBER>;<PHONE_NUMBER>;<PHONE_NUMBER>;<PHONE_NUMBER>; or
466642-9006, or with certain HET model TA0411 turbochargers overhauled
or repaired since August 29, 2012. On January 7, 2013, we issued a
correction to AD 2012-24-09 (78 FR 2615, January 14, 2013), which
corrected the affected Lycoming Engines engine model from ``TSIO-540-
AK1A'' to ``TIO-540-AK1A.'' AD 2012-24-09 required removing the
affected turbochargers from service before further flight. AD 2012-24-
09 resulted from a report of a turbocharger turbine wheel that failed a
static strength test at the manufacturing facility. We issued AD 2012-
24-09 to prevent turbocharger turbine wheel failure, reduction or
complete loss of engine power, loss of engine oil, oil fire, and damage
to the airplane.

Actions Since AD 2012-24-09 Was Issued

    Since we issued AD 2012-24-09 (77 FR 72203, December 5, 2012;
corrected January 14, 2013 (78 FR 2615)), we received a report that an
additional engine, the CMI LTSIO-360-RB, has the affected HET
turbochargers installed.

FAA's Determination

    We are issuing 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.

AD Requirements

    This AD requires removing the affected turbochargers from service
before further flight.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
AD requires removal of the affected turbochargers before further
flight. Therefore, we find that notice and opportunity for prior public
comment are impracticable and that good cause exists for making this
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2012-1245; Directorate Identifier 2012-NE-41-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 56 engines of U.S. registry with
affected turbochargers installed. We also estimate that it will take
about 4 hours to remove a turbocharger from service. The average labor
rate is $85 per hour. Based on these figures, we estimate the total
cost of this AD to U.S. operators to be $19,040.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (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)
2012-24-09, Amendment 39-17279 (77 FR 72203, December 5, 2012;
corrected January 14, 2013 (78 FR 2615)) and adding the following new
AD:

2013-21-02 Lycoming Engines and Continental Motors, Inc.: Amendment
39-17626; Docket No. FAA-2012-1245; Directorate Identifier 2012-NE-
41-AD.

(a) Effective Date

    This AD is effective November 13, 2013.

(b) Affected ADs

    This AD supersedes AD 2012-24-09, Amendment 39-17279 (77 FR
72203, December 5, 2012; corrected January 14, 2013 (78 FR 2615)).

(c) Applicability

    This AD applies to certain Lycoming Engines TIO-540-AK1A, and
Continental Motors, Inc. (CMI) LTSIO-360-RB, TSIO-360-MB, TSIO-360-
SB, and TSIO-360-RB reciprocating engines with a Hartzell Engine
Technologies (HET) turbocharger installed that has a model number,
part number, and serial number identified in Tables 1 and 2 of HET
Alert Service Bulletin (ASB) No. 048, dated November 16, 2012.

(d) Unsafe Condition

    This AD was prompted by a report that an additional engine, the
CMI LTSIO-360-RB, has the affected HET turbochargers installed. We
are issuing this AD to prevent turbocharger turbine wheel failure,
reduction or complete loss of engine power, loss of engine oil, oil
fire, and damage to the airplane.

(e) Compliance

    (1) Comply with this AD within the compliance times specified,
unless already done.
    (2) After the effective date of this AD and before further
flight, remove from service any turbocharger identified in Tables 1
and 2 of HET ASB No. 048, dated November 16, 2012.

(f) Prohibitions

    After the effective date of this AD, do not return to service,
and do not operate without a special flight permit, any engine with
an HET turbocharger installed that is identified in Tables 1 and 2
of HET ASB No. 048, dated November 16, 2012.

(g) Special Flight Permits

    Special flight permits are limited to when:
    (1) Ferry flights do not exceed three hours duration;
    (2) The turbocharger boost is set to ``Off'' in the cockpit (if
equipped); and
    (3) The wastegate for the turbocharger is safety wired in the
locked open position.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19
to make your request.
    (2) AMOCs approved for AD 2012-24-09 (77 FR 72203, December 5,
2012; corrected January 14, 2013 (78 FR 2615)) remain in effect for
this AD.

(i) Related Information

    For more information about this AD, contact Christopher
Richards, Aerospace Engineer, Chicago Aircraft Certification Office,
FAA, 2300 E. Devon Ave., Des Plaines, IL 60018; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 20, 2012 (77 FR 72203, December 5, 2012; corrected January
14, 2013 (78 FR 2615)).
    (i) Hartzell Engine Technologies Alert Service Bulletin No. 048,
dated November 16, 2012.
    (ii) Reserved.
    (4) For service information identified in this AD, contact
Hartzell Engine Technologies, LLC, 2900 Selma Highway, Montgomery,
AL 36108, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http://www.hartzellenginetech.com.
    (5) You may view this service information at the FAA, 12 New
England Executive Park, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information 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 October 8, 2013.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-25342 Filed 10-28-13; 8:45 am]
BILLING CODE 4910-13-P


 ? Need to return call by / at/ between and . Signature: Project No.: DISTRIBUTION Page __ 1_ of _ 1_

Project Name: National Strategy TELEPHONE CALL RECORD Incoming Call Date: 01/ 20/ 04 Time: 4: 00 Company Name: Koppers Industries, Grenada Contact Name: Tom Henderson Phone No.: ( 662) 226 4584 Name: Arash Hooshangi Eastern Research Group, Inc.

GENERAL SUBJECT : Verification of reported pollutant discharges TOPICS DISCUSSED AND ACTION TAKEN I called Koppers Industries, in Grenada, MS because among all Timber product facilities, this facility had reported the highest amounts of dioxin for both 2000 and 2001. This resulted in their facility being the top discharger of toxic pollutants within the Timber products industry. I wanted to inquire about their method of reporting such releases and also obtain some information regarding their facility's operations. I spoke with Mr. Tom Henderson who is the general manager of the facility and explained our project to him. Mr. Henderson preferred to have his environmental specialist present during the conference call to answer any specific questions. He called me back about an hour later and I was able to speak with both Mr. Henderson and his environmental specialist. I mentioned that their discharges of dioxin for 2000 and 2001 have been pretty high compared to that of other facilities in their industry. I asked what their basis for calculation was and whether it was measured or estimated. The specialist explained that all reported values are estimates. He mentioned that reported loads of dioxin are based upon concentrations of pentachlorophenol. He said that after applying a factor which is provided by the pentachlorophenol manufacturers, they arrive at the reported values. He told me that another employee in charge of such calculation knows better about the details and he will have her contact me for better explanation of the procedure involved. I also asked him about the reported values for PACs and he responded that such values are also reported similarly to dioxin. He mentioned that they measure one of polycyclic aromatic compounds and based on the composition of Creosote, they estimate the loads for other PACs and report them as a whole. Further, I asked him about their operations and whether their facility was a direct or indirect discharger. He explained that their facility was an indirect discharger. They perform on site treatment of wastewater before discharging it to POTWs. He also mentioned that they have a general storm water permit from the State of Mississippi which only calls for monitoring. At the end, he told me that someone will be in touch with me to explain the methods of estimating their toxic pollutant discharges more thoroughly.


Kathy Kaufman/RTP/USEPA/US

06/25/2008 03:19 PM

To

Eileen Pritchard/DC/USEPA/US@EPA

cc

Brian Heninger/DC/USEPA/US@EPA, Charles Fulcher/RTP/USEPA/US@EPA, Charlotte Bertrand/DC/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, "Joseph-J Dougherty"<EMAIL_ADDRESS>Lydia Wegman/RTP/USEPA/US@EPA, Mary Henigin/DC/USEPA/US@EPA, Nathalie Simon/DC/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA, "Alan Rush" <EMAIL_ADDRESS>Tom Walton/RTP/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA

Subject

Re: Pb RIA Chapters for OMB

Eileen:  There turned out to be one more edit requested by OPEI.  It is now done.

So by this email OAQPS is re-transmitting the complete and newly revised Pb NAAQS Proposal RIA to OMB for clearance.

The revised RIA is attached below.

Thanks!

-- Kathy

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>

Kathy Kaufman/RTP/USEPA/US

06/25/2008 11:23 AM

To

Eileen Pritchard/DC/USEPA/US@EPA

cc

Brian Heninger/DC/USEPA/US@EPA, Charlotte Bertrand/DC/USEPA/US@EPA, "Joseph-J Dougherty"<EMAIL_ADDRESS>Lydia Wegman/RTP/USEPA/US@EPA, Mary Henigin/DC/USEPA/US@EPA, Nathalie Simon/DC/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA, "Alan Rush" <EMAIL_ADDRESS>Tricia Crabtree/RTP/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA, Charles Fulcher/RTP/USEPA/US@EPA

Subject

Re: Pb RIA Chapters for OMB

Eileen:  By this email OAQPS is transmitting the complete PB NAAQS Proposal RIA to OMB for clearance.

The RIA is attached below.

Thanks!

-- Kathy

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>


[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Proposed Rules]
[Pages 16654-16659]
[FR Doc No: 2022-05691]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0148; Project Identifier AD-2021-00922-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2015-12-03, which applies to certain The Boeing Company Model 777-200,
-200LR, -300, and -300ER series airplanes. AD 2015-12-03 requires
repetitive freeplay inspections and lubrication of the right and left

elevators, rudder, and rudder tab, and related investigative and
corrective actions if necessary. Since the FAA issued AD 2015-12-03,
engineering testing revealed that the force being applied to the
elevator to detect excessive freeplay was insufficient. This proposed
AD would continue to require certain actions in AD 2015-12-03 for
certain airplanes, and would require revising the existing maintenance
or inspection program, as applicable, for certain other airplanes, to
incorporate a revised or new elevator freeplay maintenance procedure,
as applicable. This proposed AD would also add airplanes to the
applicability. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 9,
2022.

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 https://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 NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, 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 at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0148.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0148; 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 NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Luis Cortez-Muniz, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0148; Project Identifier
AD-2021-00922-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Luis
Cortez-Muniz, Aerospace Engineer, Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
(206) 231-3958; email: [email protected]. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2015-12-03, Amendment 39-18176 (80 FR 34252, June
16, 2015) (AD 2015-12-03), for certain The Boeing Company Model 777-
200, -200LR, -300, and -300ER series airplanes. AD 2015-12-03 was
prompted by the manufacturer's determination that the procedure for the
rudder freeplay inspection available at the time did not properly
detect excessive freeplay in the rudder control load loop. AD 2015-12-
03 requires repetitive freeplay inspections and lubrication of the
right and left elevators, rudder, and rudder tab, and related
investigative and corrective actions if necessary. The agency issued AD
2015-12-03 to detect and correct excessive wear in the load loop
components of the control surfaces, which could lead to excessive
freeplay of the control surfaces, flutter, and consequent loss of
control of the airplane.
    AD 2015-12-03 superseded AD 2007-13-05, Amendment 39-15109 (72 FR
33856, June 20, 2007).

Actions Since AD 2015-12-03 Was Issued

    Since the FAA issued AD 2015-12-03, engineering testing revealed
that the force being applied to the elevator to detect excessive
freeplay was insufficient. The original bypass test setup for the power
control unit (PCU), which used a hydraulic depressurization method, was
found to be unreliable for putting the adjacent PCU into bypass mode,
and a new elevator freeplay maintenance procedure is necessary. Model
777F airplanes were not added to the applicability in AD 2015-12-03
because there was a certification maintenance requirement (CMR) task to
accomplish the freeplay inspections for those airplanes; therefore, the
FAA has determined that it is necessary for operators to revise the
maintenance or inspection program to update the elevator freeplay
procedures for Model 777F airplanes.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 777-27-
0062, Revision 4, dated July 15, 2021. This service information
specifies procedures for changing the elevator

freeplay instructions by adding changes to the input force, elevator
freeplay limit, and PCU bypass test setup.
    This proposed AD would also require Boeing Special Attention
Service Bulletin 777-27-0062, Revision 2, dated January 27, 2014, which
the Director of the Federal Register approved for incorporation by
reference as of July 21, 2015 (80 FR 34253, June 16, 2015).
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2015-12-03
and require accomplishing the actions specified in accordance with
updated service information, including corrective actions, such as
repairs, already described for Model 777-200, -200LR, -300, and -300ER
airplanes. This proposed AD would also add Model 777F series airplanes
to the applicability. For Model 777F series airplanes, this proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate a new elevator freeplay maintenance
procedure. For information on the procedures and compliance times, see
this service information at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0148.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 281 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
         Required actions               Labor cost        Parts cost      Cost per product     operators (218)
----------------------------------------------------------------------------------------------------------------
Measurement (inspection),          4 work-hours x $85               $0  $340 per             $74,120 per
 elevator.                          per hour = $340                      measurement          measurement
                                    per measurement                      (inspection) cycle.  (inspection)
                                    (inspection) cycle.                                       cycle.
Lubrication, elevator............  17 work-hours x $85               0  $1,445 per           $315,010 per
                                    per hour = $1,445                    lubrication cycle.   lubrication cycle.
                                    per lubrication
                                    cycle.
Measurement (inspection), rudder.  4 work-hours x $85                0  $340 per             $74,230 per
                                    per hour = $340                      measurement          measurement
                                    per measurement                      (inspection) cycle.  (inspection)
                                    (inspection) cycle.                                       cycle.
Lubrication, rudder..............  7 work-hours x $85                0  $595 per             $129,710 per
                                    per hour = $595                      lubrication cycle.   lubrication cycle.
                                    per lubrication
                                    cycle.
Measurement (inspection), rudder   3 work-hours x $85                0  $255 per             $55,590 per
 tab.                               per hour = $255                      measurement          measurement
                                    per measurement                      (inspection) cycle.  (inspection)
                                    (inspection) cycle.                                       cycle.
Lubrication, rudder tab..........  5 work-hours x $85                0  $425 per             $92,650 per
                                    per hour = $425                      lubrication cycle.   lubrication cycle.
                                    per lubrication
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition corrective
actions specified in this proposed AD.
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. 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 average total cost per Model
777F operator 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

    The FAA has 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2015-12-03, Amendment 39-18176
(80 FR 34252, June 16, 2015), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2022-0148; Project Identifier AD-
2021-00922-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by May 9, 2022.

(b) Affected ADs

    This AD replaces AD 2015-12-03, Amendment 39-18176 (80 FR 34252,
June 16, 2015) (AD 2015-12-03).

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, identified in paragraphs (c)(1) and (2) of this AD.
    (1) All Model 777-200, -200LR, -300, -300ER series airplanes.
    (2) Model 777F airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before the effective date of this AD.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by the manufacturer's determination that
the procedure for the rudder freeplay inspection available at the
time did not properly detect excessive freeplay in the rudder
control load loop. This AD was also prompted by engineering testing
that revealed that the force being applied to the elevator to detect
excessive freeplay was insufficient. The FAA is issuing this AD to
address excessive wear in the load loop components of the control
surfaces, which could lead to excessive freeplay of the control
surfaces, flutter, and consequent loss of control of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections of Elevators, Rudder, and Rudder
Tab, With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2015-12-03, with revised service information. For Model 777-200, -
200LR, -300, and -300ER series airplanes: At the applicable times
specified in tables 1, 2, and 3 of paragraph 1.E., ``Compliance,''
of Boeing Special Attention Service Bulletin 777-27-0062, Revision
2, dated January 27, 2014, or Revision 4, dated July 15, 2021,
except as provided by paragraph (i)(1) of this AD: Inspect the
freeplay of the right and left elevators, rudder, and rudder tab by
accomplishing all of the actions specified in Parts 1, 3, and 5 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-27-0062, Revision 2, dated January 27, 2014, or
Revision 4, dated July 15, 2021, except as provided by paragraphs
(i)(2) through (4) of this AD. Repeat the inspections thereafter at
the intervals specified in tables 1, 2, and 3 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-27-
0062, Revision 2, dated January 27, 2014, or Revision 4, dated July
15, 2021. If, during any inspection required by this paragraph, the
freeplay exceeds any applicable measurement specified in Part 1, 3,
and 5, as applicable, of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-27-0062, Revision 2, dated
January 27, 2014, or Revision 4, dated July 15, 2021, before further
flight, do the applicable corrective actions in accordance with Part
1, 3, and 5 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-27-0062, Revision 2, dated January
27, 2014, or Revision 4, dated July 15, 2021. After the effective
date of this AD use only Boeing Special Attention Service Bulletin
777-27-0062, Revision 4, dated July 15, 2021.

(h) Retained Repetitive Lubrication, With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD
2015-12-03, with revised service information. For Model 777-200, -
200LR, -300, -300ER series airplanes: At the applicable times
specified in tables 1, 2, and 3 of paragraph 1.E., ``Compliance,''
of Boeing Special Attention Service Bulletin 777-27-0062, Revision
2, dated January 27, 2014, or Revision 4, dated July 15, 2021,
except as provided by paragraph (i)(1) of this AD: Lubricate the
elevator components, rudder components, and rudder tab components,
by accomplishing all of the actions specified in Parts 2, 4, and 6
of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-27-0062, Revision 2, dated January 27, 2014, or
Revision 4, dated July 15, 2021. Repeat the lubrication thereafter
at the interval specified in tables 1, 2, and 3 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-27-
0062, Revision 2, dated January 27, 2014, or Revision 4, dated July
15, 2021. After the effective date of this AD use only Boeing
Special Attention Service Bulletin 777-27-0062, Revision 4, dated
July 15, 2021.

(i) Retained Exceptions to Service Information Specifications, With
Revised Service Information

    This paragraph restates the requirements of paragraph (i) of AD
2015-12-03, with revised service information, for Model 777-200, -
200LR, -300, -300ER series airplanes.
    (1) Where Boeing Special Attention Service Bulletin 777-27-0062,
Revision 2, dated January 27, 2014, and Revision 4, dated July 15,
2021, specify a compliance time ``after the original issue date on
this service bulletin,'' this AD requires compliance within the
specified compliance time after July 25, 2007 (the effective date of
AD 2007-13-05, Amendment 39-15109 (72 FR 33856, June 20, 2007)).
After the effective date of this AD, only Boeing Special Attention
Service Bulletin 777-27-0062, Revision 4, dated July 15, 2021, may
be used.
    (2) Where Appendix B, paragraph 1.f., ``Freeplay Inspection,''
step (8), of Boeing Special Attention Service Bulletin 777-27-0062,
Revision 2, dated January 27, 2014, specifies that the center of the
pad must be within 1.0 inch (13 millimeters) of the center line of
the rib rivets in the rudder tab, this AD requires that the center
of the tab must be within 1.0 inch (25 millimeters) of the center
line of the rib rivets in the rudder tab.
    (3) Where Appendix C, paragraph 1.e., ``Rudder Tab Surface
Freeplay--Inspection,'' step (2) and step (6), of Boeing Special
Attention Service Bulletin 777-27-0062, Revision 2, dated January
27, 2014, specify that the placement of the force gage and pad
should be within one inch of the centerline line of the middle
rudder PCU rib and at 12 +/-1 inch (305 +/-72 millimeters) forward
of the rudder tab trailing edge, this AD requires placement of the
force gage and pad within one inch of the centerline line of the
middle rudder PCU rib and at 12 +/-1 inch (305 +/-25 millimeters)
forward of the rudder tab trailing edge.
    (4) Where Appendix C, paragraph 1.e., ``Rudder Tab Surface
Freeplay--Inspection,'' step (3), of Boeing Special Attention
Service Bulletin 777-27-0062, Revision 2, dated January 27, 2014,
specifies to apply a 30 +/-pound (133 +/-14 newton) force, this AD
requires applying a 30 +/-3 pound force (133 +/-14 newton) force.

(j) New Maintenance or Inspection Program Revision

    For Model 777F airplanes: Within 30 days after the effective
date of this AD, revise the 777F elevator freeplay maintenance
procedure in the existing maintenance or inspection program, as
applicable, by doing the actions specified in paragraphs (j)(1)
through (3) of this AD.
    (1) Remove the existing hydraulic depressurization PCU test
setup procedure step and replace it by incorporating the information
specified in figure 1 to paragraph (j) of this AD.
    (2) Revise the jack test force used to push the elevator up to
225 +/-10 lb (102.1 +/-4.5 kg).
    (3) Revise the elevator freeplay dial indicator limit to 0.34
in. (152 mm) or less.

[GRAPHIC] [TIFF OMITTED] TP24MR22.059

    Note 1 to paragraph (j): Refer to AMM task 27-31-09-200-801,
dated September 5, 2021, for additional guidance.

(k) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (m) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Special Attention
Service Bulletin 777-27-0062, Revision 3, dated October 9, 2015.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (n)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for the freeplay measurements of
the right and left rudder tab required by AD 2015-12-03, are
approved as AMOCs for the corresponding provisions of this AD.
    (5) AMOCs approved previously for the freeplay measurements of
the rudder required by AD 2015-12-03, are approved as AMOCs for the
corresponding provisions of this AD.
    (6) AMOCs approved previously for the repetitive lubrications
required by AD 2015-12-03, are approved as AMOCs for the
corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Luis Cortez-
Muniz, Aerospace Engineer, Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
(206) 231-3958; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information 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>.

    Issued on February 18, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-05691 Filed 3-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9389-9391]
[FR Doc No: 2023-03193]

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AJ14

Additions to the Entity List

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding six entities to
the Entity List, under the destination of the People's Republic of
China (China). These six entities have been determined by the U.S.
Government to be acting contrary to the national security or foreign
policy interests of the United States.

DATES: This rule is effective on February 10, 2023.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR
parts 730-774)) identifies entities for which there is reasonable cause
to believe, based on specific and articulable facts, that the entities
have been involved, are involved, or pose a significant risk of being
or becoming involved in activities contrary to the national security or
foreign policy interests of the United States, pursuant to Sec.
744.11(b). The EAR impose additional license requirements on, and limit
the availability of, most license exceptions for exports, reexports,
and transfers (in-country) when a listed entity is a party to the
transaction. The license review policy for each listed entity is
identified in the ``License Review Policy'' column on the Entity List,
and the impact on the availability of license exceptions is described
in the relevant Federal Register document that added the entity to the
Entity List. The Bureau of Industry and Security (BIS) places entities
on the Entity List pursuant to part 744 (Control Policy: End-User and
End-Use Based) and part 746 (Embargoes and Other Special Controls) of
the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.

Entity List Decisions

A. Additions to the Entity List

    The ERC determined to add Beijing Nanjiang Aerospace Technology
Co., Ltd.; China Electronics Technology Group Corporation 48th Research
Institute; Dongguan Lingkong Remote Sensing Technology Co., Ltd.;
Eagles Men Aviation Science and Technology Group Co., Ltd. (EMAST);
Guangzhou Tian-Hai-Xiang Aviation Technology Co., Ltd.; and Shanxi
Eagles Men Aviation Science and Technology Group Co., Ltd. all under
the destination of China, to the Entity List. These entities are being
added for their support to China's military modernization efforts,
specifically the People's Liberation Army's (PLA) aerospace programs
including airships and balloons and related materials and components.
The PLA is utilizing High Altitude Balloons (HAB) for intelligence and
reconnaissance activities. This activity is contrary to U.S. national
security and foreign policy interests under Sec.  744.11 of the EAR.
For these six entities, BIS imposes a license requirement for all items
subject to the EAR and will review license applications under a
presumption of denial.
    For the reasons described above, this final rule adds the following
six entities to the Entity List and includes, where appropriate,
aliases:

China

     Beijing Nanjiang Aerospace Technology Co., Ltd.;
     China Electronics Technology Group Corporation 48th
Research Institute;
     Dongguan Lingkong Remote Sensing Technology Co., Ltd.;
     Eagles Men Aviation Science and Technology Group Co., Ltd.
(EMAST);
     Guangzhou Tian-Hai-Xiang Aviation Technology Co., Ltd.;
and
     Shanxi Eagles Men Aviation Science and Technology Group
Co., Ltd.

Savings Clause

    For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on February 10, 2023,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) without a license (NLR)
before March 13, 2023. Any such items not actually exported, reexported
or transferred (in-country) before midnight, on March 13, 2023, require
a license in accordance with this final rule.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS

does not anticipate a change to the burden hours associated with this
collection as a result of this rule. Information regarding the
collection, including all supporting materials, can be accessed at
https://www.reginfo.gov/public/do/PRAMain.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 19, 2022, 87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).

0
2. Supplement no. 4 to part 744 is amended under CHINA, PEOPLE'S
REPUBLIC OF by adding, in alphabetical order, entries for ``Beijing
Nanjiang Aerospace Technology Co., Ltd.''; ``China Electronics
Technology Group Corporation 48th Research Institute''; ``Dongguan
Lingkong Remote Sensing Technology Co., Ltd.''; ``Eagles Men Aviation
Science and Technology Group Co., Ltd.''; ``Guangzhou Tian-Hai-Xiang
Aviation Technology Co., Ltd.''; and ``Shanxi Eagles Men Aviation
Science and Technology Group Co., Ltd.'' to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                              License review    Federal Register
        Country                     Entity             License requirement        policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S                                                 * * * * * *
 REPUBLIC OF.
                         Beijing Nanjiang Aerospace    For all items        Presumption of     88 FR [INSERT FR
                          Technology Co., Ltd., Room    subject to the       denial.            PAGE NUMBER AND
                          1104-2, Floor 11, Building    EAR. (See Sec.                          2/14/2023.
                          2, No. 19-1, Haidian Road,    744.11 of the
                          Haidian District, Beijing,    EAR).
                          China; and Room 813, Floor
                          8, Building 2, No. 19-1
                          Haidian Road, Haidian
                          District, Beijing, China.
                                                                * * * * * *
                         China Electronics Technology  For all items        Presumption of     88 FR [INSERT FR
                          Group Corporation 48th        subject to the       denial.            PAGE NUMBER AND
                          Research Institute, a.k.a.,   EAR. (See Sec.                          2/14/2023.
                          the following one alias:      744.11 of the
                         --CETC 48 Institute.           EAR).
                         No. 1025, Xinkaipu Road,
                          Tianxin District, Changsha
                          City, Hunan, China.
                                                                * * * * * *
                         Dongguan Lingkong Remote      For all items        Presumption of     88 FR [INSERT FR
                          Sensing Technology Co.,       subject to the       denial.            PAGE NUMBER AND
                          Ltd., a.k.a., the following   EAR. (See Sec.                          2/14/2023.
                          one alias:                    744.11 of the
                         --Dongguan Lingkong Yaogan     EAR).
                          Technology Co., Ltd.
                         Building 6, Dongfeng Science
                          and Technology Park,
                          Songshan Lake, Dongguan
                          City, Guangdong Province,
                          China.
                                                                * * * * * *
                         Eagles Men Aviation Science   For all items        Presumption of     88 FR [INSERT FR
                          and Technology Group Co.,     subject to the       denial.            PAGE NUMBER AND
                          Ltd., a.k.a., the following   EAR. (See Sec.                          2/14/2023.
                          two aliases:                  744.11 of the
                         --Beijing Yige Siman           EAR).
                          Aviation Technology Group
                          Co., Ltd.; and
                         --EMAST.
                         Room 1113, No. 1 Zhichun
                          Road, Haidian District,
                          Beijing, China; and Room
                          314, 3rd Floor, Block C,
                          Zhizao Street,
                          Zhongguancun, No. 45
                          Chengfu Road, Haidian
                          District, Beijing, China;
                          and Eagles Men Building,
                          No. 7 Wande Zhihui Center,
                          Changping District,
                          Beijing, China.
                                                                * * * * * *
                         Guangzhou Tian-Hai-Xiang      For all items        Presumption of     88 FR [INSERT FR
                          Aviation Technology Co.,      subject to the       denial.            PAGE NUMBER AND
                          Ltd., a.k.a., the following   EAR. (See Sec.                          2/14/2023.
                          two aliases:                  744.11 of the
                         --Guangzhou Tianhaixiang       EAR).
                          Aviation Technology Co.,
                          Ltd.; and
                         --THX Aviation.

                         1st Floor, Building 6, No.
                          4, Erheng Road, Second
                          District, Jiangnan
                          Industrial Zone, Nancun
                          Town, Panyu District,
                          Guangzhou, China.
                                                                * * * * * *
                         Shanxi Eagles Men Aviation    For all items        Presumption of     88 FR [INSERT FR
                          Science and Technology        subject to the       denial.            PAGE NUMBER AND
                          Group Co., Ltd., a.k.a.,      EAR. (See Sec.                          2/14/2023.
                          the following two aliases:    744.11 of the
                         --Shanxi Yige Siman Aviation   EAR).
                          Technology Group Co., Ltd.;
                          and
                         --Shanxi EMAST.
                         Zhaidian Industrial Park,
                          Changzhi High-tech Zone,
                          Shanxi Province, China.
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-03193 Filed 2-10-23; 4:15 pm]
BILLING CODE 3510-33-P