[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Proposed Rules]
[Pages 20459-20461]
[FR Doc No: 2021-07985]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0312; Project Identifier MCAI-2020-01376-T]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain De Havilland Aircraft of Canada Limited Model DHC-8-102, -
103, and -106 airplanes; Model DHC-8-201 and -202 airplanes; Model DHC-
8-301, -311, and -315 airplanes; and Model DHC-8-400, -401, and -402
airplanes. This proposed AD was prompted by reports that mounting nuts
attaching the rudder actuator bracket to the vertical stabilizer have
been found cracked or missing due to hydrogen embrittlement. This
proposed AD would require a one-time inspection of the rudder actuator
bracket mounting nuts, and corrective actions if necessary. 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 June 4,
2021.

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 De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet https://dehavilland.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>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0312; 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: Aziz Ahmed, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>
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-2021-0312; Project Identifier
MCAI-2020-01376-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 NPRM.

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 Aziz
Ahmed, Aerospace Engineer, Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-34, dated October 6,
2020 (TCCA AD CF-2020-34) (also referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain De Havilland Aircraft of Canada Limited
Model DHC-8-102, -103, and -106 airplanes; Model DHC-8-201 and -202
airplanes; Model DHC-8-301, -311, -314, and -315 airplanes; and Model
DHC-8-400, -401, and -402 airplanes. Model DHC-8-314 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this proposed AD therefore does not include
those airplanes in the applicability. You may examine the MCAI in the
AD docket at https://www.regulations.gov by searching for

and locating Docket No. FAA-2021-0312.
    This proposed AD was prompted by reports that mounting nuts
attaching the rudder actuator bracket to the vertical stabilizer have
been found cracked or missing due to hydrogen embrittlement. The FAA is
proposing this AD to address the possible loss of the rudder actuator
bracket, which could result in a dormant disconnection between the
rudder actuator and the vertical stabilizer. This condition, if not
addressed, could result in a loss of directional control of the
aircraft. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    De Havilland has issued Service Bulletin 8-27-123, Revision A,
dated September 8, 2020; and Service Bulletin 84-27-74, Revision B,
dated September 8, 2020. This service information specifies procedures
for doing a detailed visual inspection of the nuts attaching the rudder
actuator brackets to the rear spar. If the nuts are corroded, cracked,
or otherwise damaged, or if they are missing, they are replaced. These
documents are distinct since they apply to different airplane models.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 69 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255          $17,595
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the proposed
inspection. The agency has no way of determining the number of aircraft
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                          Labor cost                  Parts cost               product
----------------------------------------------------------------------------------------------------------------
Nut replacement........................  2 work-hours x $85 per     Minimal.....................            $170
                                          hour = $170.
----------------------------------------------------------------------------------------------------------------

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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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 adding the following new airworthiness
directive:

De Havilland Aircraft of Canada Limited (Type Certificate Previously
Held by Bombardier, Inc.): Docket No. FAA-

2021-0312; Project Identifier MCAI-2020-01376-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by June 4, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (type
certificate previously held by Bombardier, Inc.) airplanes,
certificated in any category, and identified in paragraphs (c)(1)
through (4) of this AD.
    (1) Model DHC-8-102, -103, and -106 airplanes, as identified in
De Havilland Service Bulletin 8-27-123, Revision A, dated September
8, 2020.
    (2) Model DHC-8-201 and -202 airplanes, as identified in De
Havilland Service Bulletin 8-27-123, Revision A, dated September 8,
2020.
    (3) Model DHC-8-301, -311, and -315 airplanes, as identified in
De Havilland Service Bulletin 8-27-123, Revision A, dated September
8, 2020.
    (4) Model DHC-8-400, -401, and -402 airplanes, as identified in
De Havilland Service Bulletin 84-27-74, Revision B, dated September
8, 2020.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that mounting nuts attaching the
rudder actuator bracket to the vertical stabilizer have been found
cracked or missing due to hydrogen embrittlement. The FAA is issuing
this AD to address the possible loss of the rudder actuator bracket,
which could result in a dormant disconnection between the rudder
actuator and the vertical stabilizer. This condition, if not
addressed, could result in a loss of directional control of the
aircraft.

(f) Compliance

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

(g) Required Actions

    Within 8,000 flight hours or 4 years, whichever is earlier,
after the effective date of this AD: Do a detailed visual inspection
of the rudder actuator bracket mounting nuts for missing nuts or
corrosion, cracking, or other damage, in accordance with the
Accomplishment Instructions of De Havilland Service Bulletin 8-27-
123, Revision A, dated September 8, 2020; or De Havilland Service
Bulletin 84-27-74, Revision B, dated September 8, 2020; as
applicable. If any missing nuts or corrosion, cracking, or other
damage is found, replace the nuts before further flight, in
accordance with the Accomplishment Instructions of De Havilland
Service Bulletin 8-27-123, Revision A, dated September 8, 2020; or
De Havilland Service Bulletin 84-27-74, Revision B, dated September
8, 2020; as applicable.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using De Havilland Service Bulletin 8-27-123, dated
December 20, 2019; De Havilland Service Bulletin 84-27-74, dated
December 20, 2019; or De Havilland Service Bulletin 84-27-74,
Revision A, dated January 20, 2020; as applicable.

(i) No Reporting Requirement

    Although De Havilland Service Bulletin 8-27-123, Revision A,
dated September 8, 2020; and De Havilland Service Bulletin 84-27-74,
Revision B, dated September 8, 2020, specify to submit certain
information to the manufacturer, this AD does not include that
requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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 ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2020-34, dated October 6, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0312.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone
416-375-4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet
https://dehavilland.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>.

    Issued on April 13, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-07985 Filed 4-19-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Proposed Rules]
[Pages 88145-88147]
[FR Doc No: 2016-28667]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9167; Directorate Identifier 2016-NE-20-AD]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain General Electric Company (GE) GE90 turbofan engines. This
proposed AD was prompted by a report of an engine and airplane fire.
This proposed AD would require replacing affected fuel/oil lube/servo
coolers (``main heat exchangers'') with a part eligible for
installation. We are proposing this AD to prevent failure of a main
heat exchanger, which could result in an engine fire.

DATES: We must receive comments on this proposed AD by January 23,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact General
Electric Company, GE-Aviation, Room 285, 1 Neumann Way, Cincinnati, OH
45215, phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>You
may view this referenced service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call 781-
238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9167; or in person at the Docket Management Facility between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed AD, the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: John Frost, Aerospace Engineer, Engine
Certification Office, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this NPRM. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-FAA-2016-9167;
Directorate Identifier 2016-NE-20-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. We will
consider all comments received by the closing date and may amend this
NPRM 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 NPRM.

Discussion

    We propose to adopt an AD for certain GE GE90-76B, GE90-85B, GE90-
90B, GE90-94B, GE90-110B1, and GE90-115B turbofan engines with a main
heat exchanger, part number (P/N) 1838M88P11 or 1838M88P13.
    This proposed AD is prompted by a report of an airplane fire caused
by a failed main heat exchanger. The incident investigation determined
the cause to be an internal main heat exchanger tube separation, which
resulted in leakage of fuel into the oil system, causing oil sump
flooding that overwhelmed the scavenge and venting system. This
condition, if not corrected, could result in failure of a main heat
exchanger, which could cause an engine fire. To correct this unsafe
condition, we propose to require replacing the main heat exchanger with
a part not affected by this proposed AD or with a part that is repaired
in accordance with the manufacturer's service information.

Related Service Information Under 1 CFR Part 51

    We reviewed GE Service Bulletin (SB) GE90-100 SB 79-0034, Revision
03, dated August 5, 2016, and SB GE90 SB 79-0058, Revision 02, dated
August 5, 2016. This service information describes procedures to
replace and repair a main heat exchanger. These documents are distinct
since they apply to different engine models.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require replacing the affected main heat
exchangers with a part eligible for installation.

Costs of Compliance

    We estimate that this proposed AD affects 185 engines installed on
airplanes of U.S. registry. We estimate the following costs to comply
with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replace main heat exchanger.......  5 work-hours x $85 per             $7,000           $7,425       $1,373,625
                                     hour = $425.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

General Electric Company: Docket No. FAA-2016-9167; Directorate
Identifier 2016-NE-20-AD.

(a) Comments Due Date

    We must receive comments by January 23, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) GE90-76B, GE90-
85B, GE90-90B, GE90-94B, GE90-110B1, and GE90-115B turbofan engines
with a fuel/oil lube/servo cooler (``main heat exchanger'') part
number (P/N) 1838M88P11 or 1838M88P13, with a serial number listed
in paragraph 1.A of GE Service Bulletin (SB) GE90-100 SB 79-0034,
Revision 03, dated August 05, 2016; or SB GE90 SB 79-0058, Revision
02, dated August 05, 2016.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7921, Engine Oil
Cooler.

(e) Unsafe Condition

    This AD was prompted by an engine and airplane fire. We are
issuing this AD to prevent failure of a main heat exchanger, which
could result in an engine fire.

(f) Compliance

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

(g) Required Actions

    Within 12 months after the effective date of this AD, replace
the main heat exchanger with a part eligible for installation.

(h) Definition

    For purposes of this AD, a part eligible for installation is a
main heat exchanger with a P/N and serial number not listed in
paragraph (c) of this AD or a main heat exchanger repaired in
accordance with the Accomplishment Instructions, paragraphs 3.C.(2)
through 3.C.(7), of GE SB GE90-100 SB 79-0034, dated December 3,
2014; Revision 01, dated August 14, 2015; Revision 02, dated
November 6, 2015; or Revision 03, dated August 5, 2016; or GE SB
GE90 SB 79-0058, dated August 18, 2015; Revision 01, dated December
10, 2015; or Revision 02, dated August 05, 2016.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Engine Certification Office, FAA, may approve
AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make
your request. You may email your request to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact John Frost,
Aerospace Engineer, Engine Certification Office, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-238-
7199; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
General Electric Company, GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (3) You may view this referenced service information at the FAA,
Engine & Propeller Directorate, 1200 District Avenue, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on November 16, 2016.
Colleen M. D'Alessandro,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2016-28667 Filed 12-6-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Proposed Rules]
[Pages 64806-64808]
[FR Doc No: 2019-25287]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0270; FRL-10002-45-Region 4]

Air Plan Approval; Tennessee: Open Burning and Definitions
Revisions for Chattanooga

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Chattanooga portion of the Tennessee State
Implementation Plan (SIP), provided by the State of Tennessee, through
the Tennessee Department of Environment and Conservation (TDEC) from
the Chattanooga/Hamilton County Air Pollution Control Bureau through a
letter dated September 12, 2018. The submission revises the open
burning regulations in the Chattanooga portion of the Tennessee SIP.
EPA is proposing to approve the changes because they are consistent
with the Clean Air Act (CAA or Act) and is also proposing to clarify
its prior proposal related to the Bureau's definition of ``volatile
organic compounds.''

DATES: Comments must be received on or before December 26, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0270 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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, 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: Sean Lakeman, Air Regulatory
Management Section, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by telephone at<PHONE_NUMBER>
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Through a letter dated September 12, 2018, TDEC submitted a SIP
revision on behalf of the Bureau containing changes to certain air
quality rules in the Chattanooga portion of the Tennessee SIP.\1\ In
this proposed action, EPA is proposing to approve changes from the
September 12, 2018, submittal relating to open burning at Chattanooga
Ordinance Part II, Chapter 4, Article II, Section 4-41, Rule 6--
``Prohibition of Open Burning.'' 2 3
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    \1\ The Bureau is comprised of Hamilton County and the
municipalities of Chattanooga, Collegedale, East Ridge, Lakesite,
Lookout Mountain, Red Bank, Ridgeside, Signal Mountain, Soddy Daisy,
and Walden. The Bureau recommends regulatory revisions, which are
subsequently adopted by the eleven jurisdictions. The Bureau then
implements and enforces the regulations, as necessary, in each
jurisdiction.
    \2\ In this proposed action, EPA is also proposing to approve
substantively identical changes in the following sections of the Air
Pollution Control Regulations/Ordinances for the remaining
jurisdictions within the Bureau, which were locally effective as of
the relevant dates below: Hamilton County--Section 41, Rule 6 (9/6/
17); City of Collegedale--Section 14-341, Rule 6 (10/16/17); City of
East Ridge--Section 8-41, Rule 6 (10/12/17); City of Lakesite--
Section 14-42, Rule 6 (11/2/17); City of Red Bank--Section 20-41,
Rule 6 (11/21/17); City of Soddy-Daisy--Section 8-41, Rule 6 (10/5/
17); City of Lookout Mountain--Section 41, Rule 6 (11/14/17); City
of Ridgeside Section 41, Rule 6 (1/16/18); City of Signal Mountain
Section 41, Rule 6 (10/20/17); and City of Walden Section 41, Rule 6
(10/16/17).
    \3\ Because the air pollution control regulations/ordinances
adopted by the jurisdictions within the Bureau are substantively
identical, EPA refers solely to Chattanooga and the Chattanooga
rules throughout the notice as representative of the other ten
jurisdictions for brevity and simplicity.
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    The EPA is also providing clarification in this proposed action on

its May 20, 2019 (84 FR 22786), proposed approval of part of the
September 12, 2018, submittal relating to the SIP-approved definition
of ``volatile organic compounds'' at Chattanooga Air Pollution Control
Ordinance Part II, Chapter 4, Article II, Section 4-2.\4\ Specifically,
in this proposal, the EPA is clarifying that its proposed approval of
Chattanooga's revised definition of ``volatile organic compounds'' also
includes substantively identical revisions to the regulations/
ordinances of the other ten jurisdictions within the Bureau.\5\ For
more information on EPA's rationale for that proposed action, see EPA's
May 20, 2019, proposed rule.
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    \4\ EPA finalized its approval of a separate portion of the
September 12, 2018 SIP submittal through a July 31, 2019 (84 FR
37099) rulemaking. EPA will act on the remaining portions of the
September 12, 2018 submittal in a separate action.
    \5\ Thus, EPA's May 20, 2019 action, if finalized, would also
approve the following ten Air Pollution Control Regulations/
Ordinances, which were locally effective as of the relevant dates
below: Hamilton County--Section 2 (9/6/17); City of Collegedale--
Section 14-302 (10/16/17); City of East Ridge--Section 8-2 (10/12/
17); City of Lakesite--Section 14-2 (11/2/17); City of Red Bank--
Section 20-2 (11/21/17); City of Soddy-Daisy--Section 8-2 (10/5/17);
City of Lookout Mountain--Section 2 (11/14/17); City of Ridgeside--
Section 2 (1/16/17); City of Signal Mountain--Section 2 (10/20/17);
and, City of Walden--Section 2 (10/16/17).
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II. Analysis of Tennessee's Submittal

    EPA evaluated the changes to Chattanooga's open burning rules under
the CAA. As discussed below, the September 12, 2018, SIP submission
makes a number of clarifying edits, minor changes and updates to fees
and dates throughout Part II, Chapter 4, Article II, Section 4-41, Rule
6--``Prohibition of Open Burning.''

A. Rule 6.3. Open Burning

    Tennessee submitted the following revisions to Rule 6.3:
     At Rule 6.3(4), Tennessee adds language prohibiting open
burning within 100 feet of a structure not owned by the permittee, as
well as prohibiting burning of brush over 12 inches in diameter and
tree stumps. EPA believes these revisions are SIP strengthening because
they further restrict open burning.
     At Rule 6.3(7), Tennessee specifies time periods during
which open burning can occur and provides that burning activities must
be extinguished by the specified time. In its submittal, Tennessee
amends dates during which burning can occur during the specified time
periods, and also adds a provision providing that ``Burning will not be
deemed extinguished if smoke or smoldering is present or if dirt is
used to cover a burn pile.'' EPA believes these changes will be SIP
strengthening because they require burning to be fully extinguished
prior to expiration of the allowable time period for such activities.
In addition, EPA believes the changes to dates and times of allowable
burning are administrative in nature.
     At Rule 6.3(8), Tennessee adds language requiring open
burning activities to be conducted ``by a person 16 years or older who
shall have adequate means of extinguishing the fire available and is
capable of doing so.'' EPA believes this amendment is SIP strengthening
because it improves the management and control of open burning.
     At Rule 6.3(14), Tennessee adds language limiting the
types of materials that may be burned to ``materials removed or
generated from the burn site address.'' Tennessee also provides that
``[b]urning of waste generated as a result of a commercial operation is
prohibited.'' Additionally, Tennessee adds a new Rule 6.3(15), which
prohibits open burning ``where an obvious nuisance or safety hazard is
present.'' EPA believes these changes are SIP strengthening because
they further restrict open burning activities.
     Tennessee also makes administrative/clarifying edits to
the rule, such as amending the amount of required fees for an open
burning permit.
    EPA has reviewed the revisions to Rule 6.3 and preliminarily finds
them consistent with Sections 110(a) and 110(l) of the Act. EPA
therefore proposes to incorporate them into the Tennessee SIP.

B. Rule 6.4. Open Burning Exemptions

    Tennessee submitted the following revisions to the Rule 6.4:
     At Rule 6.4(1), Tennessee adds language limiting exempted
fires used only for cooking of food, ceremonial, or recreational
purposes to 3 feet in diameter, and also requires that they burn only
``clean fuel,'' which it defines as ``clean wood, gas, charcoal, wood
pellets, or fire logs.'' Tennessee also adds language providing that
``[s]moke or ash from ceremonial or recreational fires shall not create
a nuisance beyond the boundary of the property owner where the burning
is occurring.'' EPA believes these changes are SIP strengthening
because they further restrict open burning activities.
     At Rule 6.4(3), Tennessee adds clarifying language
providing that safety flares and smokeless flares must comply with
Section 4.8 ``and any other applicable requirement.''
    EPA has reviewed the revisions to Rule 6.4 and preliminarily finds
them consistent with Sections 110(a) and 110(l) of the Act. EPA
therefore proposes to incorporate them into the Tennessee SIP.

C. Rule 6.5. Open Burning Exceptions

    Tennessee revises Rule 6.5 at Paragraph 1 to require that fires
allowed without a permit for the purpose of training of fire-fighting
personnel must be conducted in accordance with standards set by the
National Fire Protection Association. The change adds clarity to the
level of training standards required for fire fighters, and therefore,
EPA is proposing approval.

D. Rule 6.6. Controlled Burning

    Tennessee submitted the following revisions to Rule 6.6:
     At Rule 6.6(12), Tennessee specifies time periods during
which controlled burning can occur and provides that burning activities
must be extinguished by the specified time. In its submittal, Tennessee
amends the dates during which burning can occur during the specified
time periods, and also adds a provision providing that ``Burning will
not be deemed extinguished if smoke or smoldering is present or if dirt
is used to cover a burn pile.'' EPA believes these changes will be SIP
strengthening because they require the burning to be fully extinguished
prior to expiration of the allowable time period for such activities.
In addition, EPA believes the changes to dates and times of allowable
burning are administrative in nature.
     Tennessee also makes administrative/clarifying edits to
the rule, such as amending the amount of required fees for an open
burning permit.
    EPA has reviewed the revisions to Rule 6.4 and preliminarily finds
them consistent with Sections 110(a) and 110(l) of the Act. EPA
therefore proposes to incorporate them into the Tennessee SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Chattanooga Air Pollution Control Ordinance Part II, Chapter
4, Article II, Section 4-41, Rule 6--``Prohibition of Open Burning,''
and Part II, Chapter 4, Article II, Section 4-2, both locally

effective on January 23, 2017.\6\ EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
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    \6\ EPA's approval also includes regulations/ordinances
submitted for the other ten jurisdictions within the Bureau. See
footnote 2 and 4, supra.
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IV. Proposed Action

    EPA is proposing to approve the aforementioned changes to the
Chattanooga portion of the Tennessee SIP because the changes are
consistent with section 110 of the CAA. The SIP revision adds,
clarifies, and updates Rule 6 consistent with applicable requirements.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur
oxides, Volatile organic compounds.

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

    Dated: November 13, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-25287 Filed 11-22-19; 8:45 am]
 BILLING CODE 6560-50-P