[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61095-61098]
[FR Doc No: 2011-25399]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9474-5]

California State Motor Vehicle Pollution Control Standards;
Within the Scope Determination and Waiver of Preemption Decision for
Amendments to California's Zero-Emission Vehicle (ZEV) Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Decision.

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SUMMARY: By this decision the Environmental Protection Agency (EPA) has
determined that provisions of the California Air Resources Board's
(CARB's) 2008 amendments to the California Zero-Emission Vehicle (ZEV)
regulations as they affect 2011 and prior model years (MYs) are within
the scope of previous waivers of preemption granted to California for
its ZEV regulations. In the alternative, EPA is

also granting a waiver of preemption for the 2008 ZEV amendments at
they affect 2011 and prior MYs. EPA is also granting California's
request for a waiver of preemption to enforce the 2008 ZEV amendments
as they affect 2012 and later MYs.

DATES: Under section 307(b)(1) of the Clean Air Act, judicial review of
this final action may be sought only in the United States Court of
Appeals for the District of Columbia Circuit. Petitions for review must
be filed December 2, 2011. Under section 307(b)(2) of the Act, judicial
review of this final action may not be obtained in subsequent
enforcement proceedings.

ADDRESSES: The Agency's Decision Document, containing an explanation of
this decision, as well as all documents relied upon in making that
decision, including those submitted to EPA by CARB, are available at
EPA's Air and Radiation Docket (Air Docket). Materials relevant to this
decision are contained in Docket No. EPA-HQ-OAR-2009-0780. The docket
is located in the EPA Headquarters Library, EPA West Building, Room
3334, located at 1301 Constitution Avenue, NW., Washington, DC 20460,
and may be viewed between 8:30 a.m. and 4:30 p.m., Monday through
Friday. The telephone is<PHONE_NUMBER>. A reasonable fee may be
charged by EPA for copying docket material.
    Additionally, an electronic version of the public docket is
available through the Federal government's electronic public docket and
comment system. You may access EPA dockets at http://www.regulations.gov. After opening the http://www.regulations.gov web
site, select ``Environmental Protection Agency'' from the pull-down
Agency list, then scroll to ``Keyword or ID'' and enter EPA-HQ-OAR-
2009-0780 to view documents in the record of this California request.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute.
    EPA's Office of Transportation and Air Quality (OTAQ) maintains a
Web page that contains today's decision along with the Decision
Document; this page is accessible at http://www.epa.gov/otaq/climate/ca-waiver.htm. OTAQ also maintains a Web page that contains general
information on its review of California waiver requests. Included on
that page are links to prior waiver decisions and can be accessed at
http://www.epa.gove/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and
Innovative Strategies Division, U.S. Environmental Protection Agency,
Ariel Rios Building (6405J), 1200 Pennsylvania Avenue, NW., Washington,
DC 20460. Telephone:<PHONE_NUMBER>. E-Mail Address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Chronology

    California's initial ZEV program was included as part of its first
low-emission vehicle program known as LEV I. The ZEV component of this
program had a ZEV sales requirement that phased-in starting with the
1998 MY with a 10 percent sales requirement by the 2003 MY. EPA issued
a waiver of preemption for these regulations on January 13, 1993.\1\
CARB subsequently amended its ZEV regulations in March, 1996, by
eliminating the ZEV sales requirement for the 1998-2002 MYs and
retaining the 10 percent sales requirement for the 2003 and later MYs.
EPA issued a within-the-scope determination for these amendments on
January 25, 2001.\2\
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    \1\ 58 FR 4166.
    \2\ 66 FR 7751.
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    On December 21, 2006, EPA waived preemption for CARB's 1999, 2001,
and 2003 ZEV rulemaking amendments through the 2011 MY.\3\ EPA
determined that certain provisions of the 1999-2003 amendments to the
ZEV regulations as they affect 2006 and prior MYs were within-the-scope
of previous waivers of preemption granted to California for its ZEV
regulations pursuant to section 209(b) of the Clean Air Act (the Act).
EPA also granted California's request for a waiver of preemption to
enforce certain provisions of the ZEV regulations as they affected 2007
through 2011 MY vehicles. EPA also stated that that although we
believed it appropriate to grant a full waiver of preemption for the
2007 MY, we also believed it appropriate to consider the 2007 MY
regulations (with one exception noted) as within the scope of previous
waivers of preemption, as they applied to certain vehicles that were
already subject to the pre-existing ZEV regulations. In its December
21, 2006 decision EPA did not making any findings or determinations
with regard to CARB's ZEV regulations as they pertained to the 2012 and
later MYs.
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    \3\ 71 FR 78190 (December 28, 2006).
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    On September 17, 2009 CARB submitted a request to EPA (Waiver
Request) seeking confirmation that amendments to its ZEV regulations
adopted in 2008 (2008 ZEV amendments) as they relate to the 2011 and
earlier MYs are within the scope of EPA's prior ZEV waivers.\4\ In
addition, CARB sought confirmation that its 2008 ZEV amendments as they
relate to 2012 and later MYs are within the scope of EPA's prior ZEV
waivers or, in the alternative, meet the criteria for a full waiver of
preemption.\5\ EPA issued a Federal Register notice that announced a
tentative hearing (a hearing only if one was requested by a commenter;
in this case no hearing was requested or held) and opportunity for
public comment and held the written comment period open until May 17,
2010.\6\ EPA received a comment written jointly by the Alliance of
Automobile Manufacturers and the Association of International
Automobile Manufacturers (Manufacturers' Comments) and subsequent
comment from CARB (CARB's Supplemental Comments).\7\
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    \4\ EPA-HQ-OAR-2009-0780-0001.
    \5\ CARB's 2008 ZEV Amendments were adopted by Executive Order
R-08-015 on December 17, 2008, and were approved by the California
Office of Administrative Law on March 18, 2009.
    \6\ 75 FR 11878 (March 12, 2010).
    \7\ EPA-HQ-OAR-2009-0780-0003 and EPA-HQ-OAR-2009-0780-0004,
respectively.
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II. CARB's Zero-Emission Vehicle Amendments

    The 2008 ZEV amendments maintain the ZEV obligation or percentage
ZEV requirements, but give manufacturers increased flexibility to
comply with the ZEV requirements by giving credit to plug-in hybrid
electric vehicles (PHEV), and establishing additional ZEV categories in
recognition of new developments in fuel cell vehicles (FCV) and battery
electric vehicles (BEV). As discussed below, a large-volume
manufacturer is no longer expected to produce fuel-cell vehicles to
meet part of its gold vehicle credit requirements for 2012 and later
MYs. The 2008 ZEV amendments maintain the current options for large
volume manufacturers to select either the Primary Compliance Path or
the Alternative Compliance Path through MY 2011. For MYs 2012 through
2017, the 2008 ZEV amendments establish a ``New Path,'' a single
compliance strategy or set of requirements that all large volume
manufacturers are required to follow. CARB's requirements for the 2018
and later MYs were not amended by the 2008 ZEV amendments apart from
allowing additional flexibility in the technologies that meet the ZEV
requirements.\8\
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    \8\ CARB's 2008 ZEV amendments were adopted by Executive Order
R-08-015 on December 17, 2008 and approved by the California Office
of Administrative Law on March 18, 2009. The 2008 ZEV amendments
place the ZEV requirements in two sections of title 13 of the
California Code of Regulations--sections 1962 and 1962.1.

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III. Clean Air Act Waivers of Preemption and Within the Scope Decisions

    Section 209(a) of the Act provides:

    No State or any political subdivision thereof shall adopt or
attempt to enforce any standard relating to the control of emissions
from new motor vehicles or new motor vehicle engines subject to this
part. No State shall require certification, inspection or any other
approval relating to the control of emissions from any new motor
vehicle or new motor vehicle engine as condition precedent to the
initial retail sale, titling (if any), or registration of such motor
vehicle, motor vehicle engine, or equipment.

    Section 209(b)(1) of the Act requires the Administrator, after an
opportunity for public hearing, to waive application of the
prohibitions of section 209(a) for any State that has adopted standards
(other than crankcase emission standards) for the control of emissions
from new motor vehicles or new motor engines prior to March 30,
1966,\9\ if the State determines that standards will be, in the
aggregate, at least as protective of public health and welfare as
applicable Federal standards. The Administrator must grant a waiver
unless she finds that: (A) The protectiveness determination of the
State is arbitrary and capricious; (B) the State does not need the
State standards to meet compelling and extraordinary conditions; or (C)
the State standards and accompanying enforcement procedures are not
consistent with section 202(a) of the Act.
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    \9\ California is the only State which meets section 209(b)(1)
eligibility criteria for obtaining waivers. See e.g., S. Rep. No.
90-403, at 632 (1967).
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    Previous waiver decisions have stated that State standards are
inconsistent with section 202(a) if there is inadequate lead time to
permit the development of the necessary technology, given the cost of
compliance within that time, or if the Federal and State test
procedures impose inconsistent certification requirements.\10\
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    \10\ See, e.g., 43 FR 32,182 (July 25, 1978).
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    With regard to enforcement procedures accompanying standards, the
Administrator must grant the waiver unless she finds that these
procedures may cause the California standards, in the aggregate, to be
less protective of public health and welfare than the applicable
Federal standards promulgated pursuant to section 202(a), or unless the
Federal and California certification and test procedures are
inconsistent.\11\
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    \11\ See Motor and Equip. Mfr. Assoc., Inc. v. EPA, 627 F.2d
1095, 1111-14 (DC Cir. 1979), cert. denied, 446 U.S. 952 (1980); 43
FR 25,729 (Jun. 14, 1978). To be consistent, the California
procedures need not be identical to the Federal procedures.
California procedures would be inconsistent, however, if
manufacturers would be unable to meet both the state and the Federal
requirements with the same vehicle. See, e.g., 43 FR 36679-680 (Aug.
18, 1978).
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    Once California has received a waiver for its standards and
enforcement procedures for a certain group or class of vehicles, it may
adopt other conditions precedent to the initial retail sale, titling or
registration of these vehicles without the necessity of receiving an
additional waiver.
    If California acts to amend a previously waived standard or
accompanying enforcement procedure, the amendment may be considered
within the scope of a previously granted waiver provided that it does
not undermine California's determination that its standards, in the
aggregate, are as protective of public health and welfare as applicable
Federal standards, does not affect its consistency with section 202(a)
of the Act, and raises no new issues affecting EPA's previous waiver
decisions.\12\
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    \12\ Decision Documents accompanying within the scope of waiver
determination in 66 FR 7751 (January 25, 2001) at p. 5, and 51 FR
12391 (April 10, 1986) at p. 2; see also, e.g., 46 FR 36742 (July
15, 1981).
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IV. Analysis

    As explained in the Agency's Decision Document EPA examined CARB's
2008 ZEV amendments, as they affect 2011 and earlier MYs, under the
within the scope criteria. EPA in the alternative also applied the full
waiver criteria to the 2011 and earlier MYs. Although CARB requested
that EPA confirm that the 2008 ZEV amendments, as they affect 2012 and
later MYs, are within the scope of previous waivers of preemption, EPA
instead applied the full waiver criteria to the regulations affecting
those MYs.

A. California's Protectiveness Determination

    In its Waiver Request to EPA, CARB stated that the amendments to
its ZEV requirements will not cause the California standards, in the
aggregate, to be less protective of public health and welfare than the
applicable Federal standards nor undermine CARB's previous
protectiveness determination. Because EPA has not received adverse
public comment challenging CARB's protectiveness determination, I
cannot find that CARB was arbitrary and capricious in its
protectiveness determination and cannot deny the within the scope
determination nor the waiver based on this criterion.

B. California's Need for State Standards To Meet Compelling and
Extraordinary Conditions

    CARB also demonstrated continuing existence of compelling and
extraordinary conditions, justifying the state's need for its own motor
vehicle pollution control program. Because EPA has not received adverse
public comment challenging the need for CARB's own motor vehicle
pollution control program, I cannot deny the waiver based on a lack of
compelling and extraordinary conditions.

C. Consistency With Section 202(a) of the Clean Air Act

    CARB stated in its Waiver Request that the 2008 ZEV amendments
provide manufacturers with additional compliance options and do not
raise any concerns with regard to the technological feasibility of its
regulations when giving due consideration to lead time and costs. In
addition, CARB notes that the 2008 ZEV amendments do not create an
issue of test procedure inconsistency.
    The Manufacturers' suggested that the 2008 ZEV amendments were not
consistent with section 202(a). However, as explained in EPA's Decision
Document, EPA finds that the manufacturer groups opposing the within
the scope confirmation and the waiver of preemption have not met their
burden of proof that the 2008 ZEV amendments are inconsistent with
section 202(a) of the Act. I cannot find that CARB's ZEV regulations,
as noted, would cause the California motor vehicle emission standards
to be inconsistent with section 202(a).

D. New Issues

    As explained in the Decision Document, EPA finds that the 2008 ZEV
amendments raise no new issues for 2011 and earlier MYs.

E. Decision

    Therefore, I confirm that CARB's 2008 ZEV amendments as they affect
the 2011 and earlier MYs, as noted above, are within the scope of
existing waivers of preemption. I also find that the 2008 ZEV
amendments as they affect the 2011 and earlier MYs meet the criteria
for a full waiver and thus I alternatively grant a waiver of preemption
for the regulations as they affect these MYs. I also grant a waiver of
preemption of CARB's 2008 ZEV amendments as they affect 2012 and later
MYs. A full explanation of EPA's decision, including our review of
comments received in opposition to CARB's request, is contained in a
Decision

Document which may be obtained as explained above.

V. Statutory and Executive Order Reviews

    My decision will affect not only persons in California but also the
manufacturers outside the State who must comply with California's
requirements in order to produce new motor vehicles for sale in
California. For this reason, I hereby determine and find that this is a
final action of national applicability.
    This action is not a rule as defined by Executive Order 12866.
Therefore, it is exempt from review by the Office of Management and
Budget as required for rules and regulations by Executive Order 12866.
    In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a
supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
    Further, the Congressional Review Act, 5 U.S.C. 801, et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, does not apply because this action is not a rule for purposes of
5 U.S.C. 804(3).
    Finally, the Administrator has delegated the authority to make
determinations regarding waivers under Sec.  209(b) of the Act to the
Assistant Administrator for Air and Radiation.

    Dated: September 26, 2011.
Gina McCarthy,
Assistant Administrator for Air and Radiation.
[FR Doc. 2011-25399 Filed 9-30-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24462-24465]
[FR Doc No: 2017-10786]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0501; Directorate Identifier 2017-NM-053-AD;
Amendment 39-18908; AD 2017-11-09]
RIN 2120-AA64

Airworthiness Directives; Learjet, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2017-08-07 for
certain Learjet, Inc., Model 60 airplanes. AD 2017-08-07 required a
one-time inspection of the fuselage skin for corrosion, and related
investigative and corrective actions if necessary. This new AD retains
the actions of AD 2017-08-07 and removes certain airplanes from the
applicability. This AD was prompted by a determination that only
certain airplanes are affected by the unsafe condition. We are issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective May 30, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 22, 2017
(82 FR 18084, April 17, 2017).
    We must receive comments on this AD by July 14, 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 final rule, contact
Learjet, Inc., One Learjet Way, Wichita, KS 67209-2942; telephone: 316-
946-2000; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0501.

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-2017-
0501; 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:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Paul Chapman, Aerospace Engineer,
Airframe Branch, ACE-118W, FAA, Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Room 100, Dwight D. Eisenhower Airport,
Wichita, KS 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On April 7, 2017, we issued AD 2017-08-07, Amendment 39-18856 (82
FR 18084, April 17, 2017) (``AD 2017-08-07''), for Learjet, Inc., Model
60 airplanes, serial numbers 60-002 through 60-430 inclusive. AD 2017-
08-07 required a one-time inspection of the fuselage skin for
corrosion, and related investigative and corrective actions if
necessary. AD 2017-08-07 resulted from an evaluation by the design
approval holder (DAH) indicating that the upper fuselage skin under the
aft oxygen line fairing is subject to multi-site damage (MSD). We
issued AD 2017-08-07 to detect and correct corrosion of the fuselage
skin, which could result in reduced structural integrity of the
airplane.

Actions Since AD 2017-08-07 Was Issued

    Since we issued AD 2017-08-07, we determined that only certain
airplanes identified in the applicability of AD 2017-08-07 are affected
by the unsafe condition. For Learjet, Inc., Model 60 airplanes, serial
numbers 60-002 through 60-430 inclusive, the unsafe condition affects
only airplanes with a dorsal-mounted oxygen bottle and

airplanes that have had the dorsal-mounted oxygen bottle removed but
have retained the oxygen line fairing installed on top of the fuselage.
These airplanes are identified in the effectivity of Learjet 60 Service
Bulletin 60-53-19, Revision 3, dated August 29, 2016, which is the
appropriate source of service information for accomplishing the actions
required by AD 2017-08-07. Therefore, we have revised paragraph (c) of
this AD to identify only those airplanes affected by the unsafe
condition.

Related Service Information Under 1 CFR Part 51

    We reviewed Learjet 60 Service Bulletin 60-53-19, Revision 3, dated
August 29, 2016. The service information describes procedures for
inspections of the fuselage crown skin for corrosion, and related
investigative and corrective actions if necessary. 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 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 a one-time inspection of the fuselage skin for
corrosion, and related investigative and corrective actions if
necessary. This AD also requires sending the inspection results to the
FAA.

Differences Between This AD and the Service Information

    Learjet 60 Service Bulletin 60-53-19, Revision 3, dated August 29,
2016, specifies to contact the manufacturer for instructions on how to
repair certain conditions, but this AD requires repairing those
conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by a Delegated Engineering
Representative (DER) for Learjet Inc., or a Unit Member (UM) of the
Learjet Organization Designation Authorization (ODA), whom we have
authorized to make those findings.

Interim Action

    We consider this AD interim action. Because the cause of the
corrosion is not known, the inspection reports will help determine the
extent of the corrosion in the affected fleet. Based on the results of
these reports, we might determine that further corrective action is
warranted. Once further corrective action has been identified, we might
consider further rulemaking.

FAA's Justification and Determination of the Effective Date

    We determined that unaffected airplanes were inadvertently included
in the applicability of AD 2017-08-07, which applied to Learjet, Inc.,
Model 60 airplanes, serial numbers 60-002 through 60-430 inclusive.
However, only airplanes identified in Learjet 60 Service Bulletin 60-
53-19, Revision 3, dated August 29, 2016, are subject to the identified
unsafe condition. The actions required by this AD are not required to
be done on airplanes that are not identified in Learjet 60 Service
Bulletin 60-53-19, Revision 3, dated August 29, 2016. Therefore, we are
superseding AD 2017-08-07 to correct the applicability. We find that
notice and opportunity for prior public comment are unnecessary 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 was not preceded by notice and an opportunity for public
comment. 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 the docket number FAA-2017-0501 and
Directorate Identifier 2017-NM-053-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 284 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (retained action from AD     46 work-hours x $85 per             $265          $4,175      $1,185,700
 2017[dash]08-07).                       hour = $3,910.
Reporting (retained action from AD      1 work-hour x $85 per                  0              85          24,140
 2017[dash]08-07).                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    This AD adds no additional economic burden.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden

and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

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, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2017-08-07, Amendment 39-18856 (82 FR 18084, April 17, 2017), and
adding the following new AD:

2017-11-09 Learjet, Inc.: Amendment 39-18908; Docket No. FAA-2017-
0501; Directorate Identifier 2017-NM-053-AD.

(a) Effective Date

    This AD is effective May 30, 2017.

(b) Affected ADs

    This AD replaces AD 2017-08-07, Amendment 39-18856 (82 FR 18084,
April 17, 2017) (``AD 2017-08-07'').

(c) Applicability

    This AD applies to Learjet, Inc., Model 60 airplanes,
certificated in any category, having serial numbers 60-002 through
60-430 inclusive, and having a configuration identified in paragraph
(c)(1) or (c)(2) of this AD.
    (1) Airplanes with a dorsal-mounted oxygen bottle.
    (2) Airplanes that have had the dorsal-mounted oxygen bottle
removed but have retained the oxygen line fairing installed on top
of the fuselage.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the upper fuselage skin under the aft oxygen
line fairing is subject to multi-site damage. We are issuing this AD
to detect and correct corrosion of the fuselage skin, which could
result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Inspection of the Fuselage Skin, and Related Investigative
and Corrective Actions, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2017-08-07, with no changes. At the applicable time specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD: Do a fluorescent dye
penetrant inspection of the fuselage skin between stringers (S)-2L
and S-2R for corrosion; and do all applicable related investigative
and corrective actions; in accordance with the Accomplishment
Instructions of Learjet 60 Service Bulletin 60-53-19, Revision 3,
dated August 29, 2016, except as required by paragraph (h) of this
AD. Do all applicable related investigative and corrective actions
before further flight.
    (1) For airplanes with more than 12 years since the date of
issuance of the original airworthiness certificate or the date of
issuance of the original export certificate of airworthiness as of
May 22, 2017 (the effective date of AD 2017-08-07): Within 12 months
after May 22, 2017.
    (2) For airplanes with more than 6 years but equal to or less
than 12 years since the date of issuance of the original
airworthiness certificate or the date of issuance of the original
export certificate of airworthiness as of May 22, 2017 (the
effective date of AD 2017-08-07): Within 24 months after May 22,
2017.
    (3) For airplanes with 6 years or less since the date of
issuance of the original airworthiness certificate or the date of
issuance of the original export certificate of airworthiness as of
May 22, 2017 (the effective date of AD 2017-08-07): Within 36 months
after May 22, 2017.

(h) Retained Service Information Exception, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2017-08-07, with no changes. Where Learjet 60 Service Bulletin 60-
53-19, Revision 3, dated August 29, 2016, specifies contacting
Learjet, Inc., for appropriate action: Before further flight, repair
using a method approved in accordance with the procedures specified
in paragraph (l) of this AD.

(i) Retained Reporting, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2017-08-07, with no changes. At the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD: Submit a report of the
findings (both positive and negative) of the inspection required by
the introductory text of paragraph (g) of this AD to<EMAIL_ADDRESS>or Ann Johnson, Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Wichita, KS 67209. The report must include
the name of the owner, the address of the owner, the name of the
organization incorporating Learjet 60 Service Bulletin 60-53-19, the
date that inspection was completed, the name of the person
submitting the report, the address, telephone number, and email of
the person submitting the report, the airplane serial number, the
total time (flight hours) on the airplane, the total number of
landings on the airplane, whether corrosion was detected, whether
corrosion was repaired, the structural repair manual (SRM) chapter
and revision used (if repaired), and whether corrosion exceeded the
minimum thickness specified in Learjet 60 Service Bulletin 60-53-19
(and specify the SRM chapter and revision, if used as an aid to
determine minimum thickness).
    (1) If the inspection was done on or after May 22, 2017 (the
effective date of AD 2017-08-07): Submit the report within 30 days
after the inspection.
    (2) If the inspection was done before May 22, 2017 (the
effective date of AD 2017-08-07): Submit the report within 30 days
after May 22, 2017.

(j) Retained Credit for Previous Actions, With No Changes

    This paragraph restates the credit provided in paragraph (j) of
AD 2017-08-07, with no

changes. This paragraph provides credit for the actions specified in
the introductory text to paragraph (g) of this AD, if those actions
were performed before May 22, 2017 (the effective date of AD 2017-
08-07), using Learjet 60 Service Bulletin 60-53-19, dated November
23, 2015; Learjet 60 Service Bulletin 60-53-19, Revision 1, dated
April 4, 2016; or Learjet 60 Service Bulletin 60-53-19, Revision 2,
dated April 18, 2016.

(k) Paperwork Reduction Act Burden Statement

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

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in paragraph
(m)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (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 a Learjet, Inc., Designated Engineering
Representative (DER), or a Unit Member (UM) of the Learjet
Organization Designation Authorization (ODA), that has been
authorized by the Manager, Wichita ACO, to make those findings. To
be approved, the repair, 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 AD 2017-08-07 are approved as
AMOCs for the corresponding provisions of this AD.

(m) Related Information

    (1) For more information about this AD, contact Paul Chapman,
Aerospace Engineer, Airframe Branch, ACE-118W, FAA, Wichita ACO,
1801 Airport Road, Room 100, Dwight D. Eisenhower Airport, Wichita,
KS 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(4) and (n)(5) of this AD.

(n) 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
May 22, 2017 (82 FR 18084, April 17, 2017).
    (i) Learjet 60 Service Bulletin 60-53-19, Revision 3, dated
August 29, 2016.
    (ii) Reserved.
    (4) For Learjet, Inc., service information identified in this
AD, contact Learjet, Inc., One Learjet Way, Wichita, KS 67209-2942;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.bombardier.com.
    (5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 18, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10786 Filed 5-26-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19983-19985]
[FR Doc No: 2013-07510]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1288; Directorate Identifier 2012-NE-37-AD;
Amendment 39-17403; AD 2013-06-06]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for General
Electric Company (GE) CF34-8C and CF34-8E turbofan engines with certain
part numbers (P/N) of operability bleed valves (OBV) installed. This AD
was prompted by three failure events of ring lock fuel fittings on the
OBV. Two of those events led to an engine fire. This AD requires the
affected OBVs be removed from service and replaced with OBVs eligible
for installation. We are issuing this AD to prevent failure of OBV ring
lock fuel fittings, engine fuel leakage, uncontrolled fire, and damage
to the airplane.

DATES: This AD is effective May 8, 2013.

ADDRESSES: For service information identified in this AD, contact
General Electric Company, One Neumann Way, MD Y-75, Cincinnati, OH;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>and Web site: www.GE.com.
You may view the referenced service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, 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; 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 address for the Docket Office
(phone:<PHONE_NUMBER>) is Document Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: John Frost, Aerospace Engineer, Engine
& Propeller Directorate, FAA, 12 New England Executive Park,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on December 13, 2012 (77 FR
74125). That NPRM proposed to require the affected OBVs be removed from
service and replaced with OBVs eligible for installation.

Comments

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

Request To Change ``Operating Hours'' to ``Flight Hours''

    American Eagle Airlines requested that we change ``operating
hours'' to ``flight hours'' throughout the document. Airlines track the
aircraft flight hours, but not the time that an engine operates while
the aircraft is on the ground.
    We agree. We changed the AD to use flight hours throughout the AD.

Request To Change the Compliance Time

    General Electric Company requested that we simplify the compliance
by only requiring the OBVs to be replaced within two years after the
effective date of the AD.
    We do not agree. The proposed AD compliance is substantiated by
risk analysis to provide an acceptable level of safety during the
control program. We did not change the AD.

In Support of the Proposed AD

    The National Transportation Safety Board stated that it is in
support of the proposed AD.

P/N Corrections

    Since we issued the proposed AD (77 FR 74125, December 13, 2012),
we discovered during a technical review while preparing to issue the
final rule AD, that the OBV parts manufacturer approval (PMA) P/Ns
listed in the proposed AD were incorrect. We corrected PMA P/Ns 392155-
2, 392155-3, and 392155-4, to PMA P/Ns 3291552-2, 3291552-3, and
3291552-4, respectively.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 300 engines installed on
airplanes of U.S. registry. We also estimate that it will take about
two hours per engine to perform the actions required by this AD, and
that the average labor rate is $85 per hour. Required parts will cost
about $25,000 per engine. Based on these figures, we estimate the total
cost of the AD to U.S. operators to be $7,551,000.

Authority for This Rulemaking

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

Regulatory Findings

    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 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):

2013-06-06 General Electric Company: Amendment 39-17403; Docket No.
FAA-2012-1288; Directorate Identifier 2012-NE-37-AD.

(a) Effective Date

    This AD is effective May 8, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) CF34-8C1, CF34-
8C5, CF34-8C5A1, CF34-8C5A2, CF34-8C5A3, CF34-8C5B1, CF34-8E2, CF34-
8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1
turbofan engines, with an operability bleed valve (OBV) part number
(P/N) 4121T67P02, P/N 4121T67P03, P/N 4121T67P04, parts manufacturer
approval (PMA) P/N 3291552-2, PMA P/N 3291552-3, or PMA P/N 3291552-
4, installed.

(d) Unsafe Condition

    This AD was prompted by three failure events of ring lock fuel
fittings on the OBV. Two of those events led to an engine fire. We
are issuing this AD to prevent failure of OBV ring lock fuel
fittings, engine fuel leakage, uncontrolled fire, and damage to the
airplane.

(e) Compliance

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

(f) Remove OBVs

    (1) For OBVs with fewer than 6,000 flight hours since new on the
effective date of this AD, remove the OBV from service before
accumulating 12,000 flight hours since new, or within four years
after the effective date of this AD, whichever occurs first.
    (2) For OBVs with 6,000 or more flight hours since new on the
effective date of this AD, remove the OBV from service before
accumulating an additional 6,000 flight hours, or within two years
after the effective date of this AD, whichever occurs first.

(g) Alternative Methods of Compliance (AMOCs)

    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.

(h) Related Information

    (1) For more information about this AD, contact John Frost,
Aerospace Engineer, Engine & Propeller Directorate, FAA, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to GE Service Bulletin (SB) No. CF34-8C-AL S/B 75-
0017, Revision 1, dated October 9, 2012, and SB No. CF34-8E-AL S/B
75-0012, Revision 1, dated October 9, 2012, for related information.
    (3) For service information identified in this AD, contact
General Electric Company, One Neumann Way, MD Y-75, Cincinnati, OH;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>and Web site:
www.GE.com. You may view the referenced service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

(i) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on March 21, 2013.
Robert J. Ganley,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2013-07510 Filed 4-2-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26477-26478]
[FR Doc No: 2017-11768]

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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
rate filings:

    Docket Numbers: ER16-2412-002.
    Applicants: Luning Energy LLC.
    Description: Supplement to December 16, 2016 Triennial Report for
Northwest region of Luning Energy LLC.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5349.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1727-000.
    Applicants: International Transmission Company.
    Description: Sec.  205(d) Rate Filing: CIAC Agreement with DTE
Electric Company to be effective 7/31/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5270.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1728-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-05-31_Attachment X
Clean-up related to Queue Reform to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5273.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1729-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Amendment to City and County
of San

Francisco Hunters Point #1 WDT (SA 36) to be effective 8/1/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5006.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1730-000.
    Applicants: Entergy Arkansas, Inc., Entergy New Orleans, Inc.,
Entergy Louisiana, LLC.
    Description: Sec.  205(d) Rate Filing: EAI-ELL-ENO Union Power
Reactive to be effective 8/1/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5009.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1731-000.
    Applicants: Entergy Texas, Inc., Entergy Louisiana, LLC.
    Description: Sec.  205(d) Rate Filing: ELL-ETI Big Cajun II U3
Reactive to be effective 8/1/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5010.
    Comments Due: 5 p.m. ET 6/22/17.

    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: June 1, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-11768 Filed 6-6-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65162-65163]
[FR Doc No: 2023-20465]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2838-000]

BCD 2023 Fund 1 Lessee, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
BCD 2023 Fund 1 Lessee, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for

blanket authorization, under 18 CFR part 34, of future issuances of
securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 5, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: September 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-20465 Filed 9-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Page 71722]
[FR Doc No: 2016-25158]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-6-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Penalty Revenue Crediting Report of Natural Gas
Pipeline Company of America LLC.
    Filed Date: 10/6/16.
    Accession Number: 20161006-5101.
    Comments Due: 5 p.m. ET 10/18/16.

    Docket Numbers: RP17-7-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Update Creditworthiness
Provisions to be effective 11/6/2016.
    Filed Date: 10/6/16.
    Accession Number: 20161006-5131.
    Comments Due: 5 p.m. ET 10/18/16.

    Docket Numbers: RP17-8-000.
    Applicants: Vector Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Filing to Remove Redundant
Negotiated Rate Summaries to be effective 11/8/2016.
    Filed Date: 10/7/16.
    Accession Number: 20161007-5016.
    Comments Due: 5 p.m. ET 10/19/16.

    Docket Numbers: RP17-9-000.
    Applicants: White River Hub, LLC.
    Description: Sec.  4(d) Rate Filing: Statement of Rates V. 4.0.0 to
be effective 11/10/2016.
    Filed Date: 10/11/16.
    Accession Number: 20161011-5014.
    Comments Due: 5 p.m. ET 10/24/16.

    Docket Numbers: RP17-10-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Update Statement of Negotiated
Rates--November 2016 to be effective 11/1/2016.
    Filed Date: 10/11/16.
    Accession Number: 20161011-5123.
    Comments Due: 5 p.m. ET 10/24/16.

    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 Sec.  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.

Filings in Existing Proceedings

    Docket Numbers: RP16-1174-001.
    Applicants: Kern River Gas Transmission Company.
    Description: Compliance filing 2016 KRF-PK Compliance to be
effective 9/17/2016.
    Filed Date: 10/11/16.
    Accession Number: 20161011-5011.
    Comments Due: 5 p.m. ET 10/24/16.

    Docket Numbers: RP16-1219-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Compliance filing Compliance Filing in Docket No.
RP16-1219-000 to be effective 10/1/2016.
    Filed Date: 10/11/16.
    Accession Number: 20161011-5057.
    Comments Due: 5 p.m. ET 10/24/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: October 11, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-25158 Filed 10-17-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68644-68646]
[FR Doc No: 2023-22005]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0027]

Programmatic/Class Floodplain Review Procedures for Specific
Preparedness Grant Projects

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is publishing
this notice to document and request comments on its determination that
a programmatic/class review is appropriate for six categories of
activities in specific grant programs that do not have an adverse
impact individually or cumulatively on floodplain values placing
property and persons at risk.

DATES: Comments must be received by November 3, 2023.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2023-
0027 via the Federal eRulemaking Portal at https://www.regulations.gov.
Search for and follow the instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Frederick Holycross, Coordinator,
Grant Programs Directorate, Environmental Planning and Historic
Preservation, FEMA, [email protected], or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Interested persons are invited to participate in this ``Class
Review Procedures for Specific Preparedness Grant Projects'' by
submitting comments and related materials. We will consider all
comments and material received during the comment period.
    If you submit a comment, include the Docket ID FEMA-2023-0027
indicate the specific section of this document to which each comment
applies, and give the reason for each comment. All submissions may be
posted, without change, to the Federal e-Rulemaking Portal at http://www.regulations.gov and will include any personal information you
provide. Therefore, submitting this information makes it public. For
more about privacy and the docket, visit http://www.regulations.gov.
    Viewing comments and documents: For access to the docket to read
background documents or comments received, go to the Federal e-
Rulemaking Portal at http://www.regulations.gov.

II. Background

    FEMA's floodplain management regulations are found at Part 9 of the
Code of Federal Regulations. Part 9 sets forth the policy, procedure
and responsibilities to implement and enforce Executive Order 11988,
Floodplain Management.\1\ Part 9 sets forth an 8-step process which
FEMA must follow when taking actions in floodplains \2\ which have the
potential to affect floodplains or their occupants, or which are
subject to potential harm by location in floodplains.\3\
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    \1\ ``This regulation sets forth the policy, procedure and
responsibilities to implement and enforce Executive Order 11988,
Floodplain Management, and Executive Order 11990, Protection of
Wetlands.'' 44 CFR 9.1.
    \2\ The 8-step process set forth in 44 CFR part 9 also governs
agency actions that take place in wetlands.
    \3\ 44 CFR 9.5(a)(1).
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    For such actions, FEMA is required to take the following steps: (1)
determine whether the proposed action is located in the 100-year
floodplain (500-year floodplain for critical actions), and whether it
has the potential to affect or be affected by the floodplain; (2)
notify the public at the earliest possible time of the intent to carry
out an action in a floodplain, and involve the affected and interested
public in the decision-making process; (3) identify and evaluate
practicable alternatives to locating the proposed action in a
floodplain (including alternative sites, actions and the ``no action''
option); (4) identify the potential direct and indirect impacts
associated with the occupancy or modification of floodplains and the
potential direct and indirect support of floodplain development that
could result from the proposed action; (5) minimize the potential
adverse impacts and support to or within floodplains to be identified
under Step 4, restore and preserve the natural and beneficial values
served by floodplains; (6) reevaluate the proposed action to determine
first, if it is still practicable in light of its exposure to flood
hazards, the extent to which it will aggravate the hazards to others,
and its potential to disrupt floodplain values and second, if
alternatives preliminarily rejected at Step 3 are practicable in light
of the information gained in Steps 4 and 5; (7) prepare and provide the
public with a finding and public explanation of any final decision that
the floodplain is the only practicable alternative; and (8) review the
implementation and post-implementation phases of the proposed action to
ensure that the minimization requirements are fully implemented.\4\
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    \4\ 44 CFR 9.6.
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    FEMA completes the 8-step process for each action it is taking in a
floodplain as part of the comprehensive environmental and historic
preservation (EHP) compliance reviews that are required for all
projects funded under its disaster and non-disaster grant programs.\5\
The implementing guidance for E.O. 11988 (Guidelines) allows for an
altered or shortened decision-making floodplain evaluation ``class
review'' process for certain routine or recurring actions, known as
repetitive actions.\6\

Class reviews or programmatic approaches allow for efficient and
effective ways to meet EHP requirements, including floodplain reviews.
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    \5\ See generally FEMA's website at Environmental Planning and
Historic Preservation for a description of the EHP process and the
applicable regulations, directives, and legal mandates which govern
it. (Last accessed on 6/16/2023).
    \6\ See Guidelines for Implementing Executive Order 11988,
Floodplain Management, and Executive Order 13690, Establishing a
Federal Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input at 44.
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    In considering whether to undertake such a review, the Guidelines
instruct agencies to examine past actions that have been reviewed on an
individual basis with public notice and opportunity to comment.\7\ If
the individual reviews have indicated uniformly that the actions would
not have an adverse impact individually or cumulatively on floodplain
values placing property and persons at risk, and little or no public
comments to the contrary were received, a class review to streamline
agency coordination and processing efforts may be appropriate.\8\
Agencies may conduct class reviews of routine or recurring actions
when: (1) consideration of whether to locate in a floodplain is
substantially similar; (2) there is no practicable alternative(s),
consistent with any Executive Orders and applicable agency codes, to
siting in a floodplain for each action within the class; and (3) all
practical measures to minimize harm to the floodplain are included in
the review criteria that, if followed, will minimize any adverse
impacts that may be associated with the individual actions covered in
the class review.\9\
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    \7\ Id.
    \8\ Id.
    \9\ Id.
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III. Floodplain Review Procedures for Specific Preparedness Grant
Projects

    FEMA funds certain routine or repetitive certain routine or
repetitive small-scale activities under a number of preparedness grant
programs administered by its Grant Programs Directorate (GPD).\10\ FEMA
reviewed six project categories from thirteen GPD grant programs and
determined they were appropriate for the shortened class review
procedures. Specifically, FEMA's determination applies to the following
six categories of activities funded under thirteen preparedness grant
programs:\11\
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    \10\ GPD's mission is to deliver and support grant programs that
help the Nation before, during and after disasters to make the
country more resilient. GPD administers and manages FEMA grants to
ensure critical and measurable results for customers and
stakeholders, while also ensuring transparency in the grant process;
consolidates the grant business operations, systems, training,
policy and oversight of all FEMA grants; establishes and promotes
consistent outreach and communication with state, local, tribal and
territorial (SLTTs) stakeholders; and offers information about
FEMA's preparedness grants funding provided to SLTT governments in
the form of non-disaster grants.
    \11\ The non-disaster preparedness grant programs to which
FEMA's determination applies are as follows: (1) Assistance to
Firefighters Grant Program; (2) Fire Prevention and Safety Grant
Program; (3) Staffing for Adequate Fire and Emergency Response Grant
Program; (4) Nonprofit Security Grant Program; (5) Tribal Homeland
Security Grant Program; (6) Emergency Management Performance Grant
Program; (7) Operation Stonegarden; (8) State Homeland Security
Program; (9) Urban Area Security Initiative; (10) Intercity Bus
Security Grant Program; (11) Intercity Passenger Rail Program; (12)
Port Security Grant Program; and (13) Transit Security Grant
Program.
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(1) Temporary Structures

    a. Installation of temporary removable barriers

(2) Recreation and Landscaping

    a. Repairs, replacement and minor upgrades to security equipment at
recreational facilities.
    b. Repair, in-kind replacement, and minor upgrades to existing
landscaping elements (e.g., bollards, planters, lighting elements,
signs) that do not require additional ground disturbance.

(3) Buildings--Interior

    a. Building contents, including furniture, movable partitions,
computers, cabinetry, supplies and equipment, and any other moveable
items.
    b. Changes to interior structural elements (e.g., floors, walls,
ceilings).
    c. Installation, repair, or replacement of equipment including
electronic equipment, electronic whiteboards, televisions and wall
monitors, radios, self-contained breathing apparatus, gear washers and
dryers.
    d. Installation, repair, or replacement of building communication
and surveillance security systems, such as cameras, closed-circuit
television, alarm systems, and public address systems and warning
sirens.
    e. Installation, repair, or replacement of building access security
devices, such as card readers, enhanced locks, and security scanners
(e.g., metal detectors), motion sensors, panic buttons, and access
control equipment.
    f. Installation, repair or replacement of interior fire detection,
fire suppression or security alarm systems.
    g. Installation, repair, upgrading or replacement, of interior
utility systems, including mechanical (e.g., heating, ventilation, air
conditioning), electrical, and plumbing systems, ventilation units, air
handler units including the associated ductwork and electric conduits.

(4) Windows and Doors

    a. Repair or replacement of windows, windowpanes, window frames,
shutters, storm shutters, doors, and door frames, and associated
hardware, or installation of window blast protection film or security
bars.
    b. Installation, repair, or replacement of doors, door frames,
locks or access control equipment.

(5) Exterior Security Features

    a. Installation, repair, or replacement of exterior lighting
systems, cameras, or early warning systems.
    b. Repair or replacement of above-ground bollards or tire puncture
treadles that do not require ground disturbance.

(6) Transportation, Utilities, and Communication Systems

    a. Installation, repair, or replacement of license plate readers,
emergency warning sirens, or emergency notification signs.
    b. Repair, replacement, minor upgrading, small scale realignment
and elevation of utilities and associated features and structures.
    c. Repair or minor upgrade of water towers.
    d. Collocation of antennas, communication or security equipment on
existing buildings, structures, poles or communication towers.
    e. Enhancement or repair of existing communication towers and
antenna supports.
    This class review does not apply to actions located in regulatory
floodways or coastal high hazard areas, including V/VE Zones;
construction of new buildings, structures, infrastructure or
facilities; or any activity that does not clearly fall within the
categories of activities listed above.
Compliance With Step 1 of the 8-Step Process
    Step 1 of the 8-Step Process requires FEMA to determine whether the
proposed action is located in the 100-year floodplain (500-year
floodplain for critical actions), and whether it has the potential to
affect or be affected by the floodplain. For the purpose of this
determination, FEMA assumed that all of the activities listed above
might be located in the 100-year floodplain (or the 500-year floodplain
for critical actions). FEMA also noted that most sites would be located
in a NFIP participating community and therefore locatable on a Flood
Insurance Rate Map (FIRM). The activities discussed herein are
generally actions that do not constitute new construction or
substantial improvement. Therefore,

flood hazard area of consideration is the 1-percent-annual-chance area.
Compliance With Step 2 of the 8-Step Process
    Step 2 of the 8-step process requires FEMA to notify the public at
the earliest possible time of the intent to carry out an action in a
floodplain or wetland, and involve the affected and interested public
in the decision-making process.\12\
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    \12\ 44 CFR 9.6(b).
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    FEMA is providing cumulative notice of approval for project
categories specified here. A cumulative notice addresses several
actions in one notice or series of notices.\13\ FEMA may base its
determination of appropriate notice of actions within the floodplain,
including whether to issue a cumulative notice, on several factors,
including but not limited to: (i) scale of the action; (ii) potential
for controversy; (iii) degree of public need; (iv) number of affected
agencies and individuals; and (v) its anticipated potential impact.\14\
A cumulative notice addresses several actions in one notice or series
of notices.
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    \13\ 44 CFR 9.8(c)(7).
    \14\ 44 CFR 9.8(c)(3).
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    Here, each category of action covered by this determination is
small-scale with little or no potential to affect the floodplain or be
affected by floods; no similar actions in the past have been considered
controversial by any community, organization or individual, nor is it
anticipated that future actions of this kind will be controversial;
each action serves an important community need to bolster the
preparedness and security of existing facilities; each action affects a
limited number of agencies or individuals on a facility-wide and local
basis; and, as described further below, the anticipated impact to the
floodplain is very low. FEMA will continue to carry out individual
public notices for actions that do not meet these factors. At this
time, upon consideration of the factors identified above, FEMA provides
cumulative notice for the aforementioned small-scale projects pursuant
to 44 CFR 9.8(c)(3).
    For those projects deemed large scale, impacting a large number of
agencies or individuals, and those projects whose anticipated impacts
are beyond the scale of projects listed here, FEMA will continue to
carry out individual public notice.
Compliance With Steps 3-6 of the 8-Step Process
    For the above-listed activities funded under the thirteen
referenced grant programs, FEMA completed Steps 3-6 of the 8-step
process by cumulatively considering their direct and indirect adverse
impacts to floodplains associated with the occupancy and modification
of floodplains, the potential to promote floodplain development
directly or indirectly, and whether there could be any practicable
alternative locations or actions. The actions covered by this notice do
not involve new construction or substantial improvements to existing
structures in the floodplain. Rather, these actions consist of minor
alterations to existing facilities and are primarily comprised of the
installation of new security equipment in or on existing buildings or
structures, replacement of existing security equipment, or repair of
existing buildings or structures. The potential for additional effects
on the floodplain, and the potential for additional effects from a
flood, are negligible given that these small-scale material changes
would make up a small percentage of new materials in relation to the
existing materials of the existing facility. The actions are
additionally minimized because they do not result in ground disturbance
or make material changes to the floodplain that would affect or be
affected by flood waters.
    Additionally, these actions shall be conditioned to be in
accordance with local floodplain ordinances and applicable codes and
standards which may include minimization measures. The actions would
require only short-term construction activity, minimizing the potential
impacts of additional construction traffic or discharge of pollutants
from building activities. The actions will not have adverse effects
that can lead to the degradation and loss of natural functions and
habitat because they do not include clearing vegetation, placing fill,
covering floodplains with impervious surfaces, rerouting stormwater,
increasing pollution sources, or channelizing rivers, or similar
harmful actions. Finally, these actions will not have direct or
indirect detrimental effects on the quantity and quality of floodplain
habitats used by fish and other wildlife and will not reduce habitat
complexity or prey availability, modify hydrology, reduce bank
stability, or increase erosion, pollution, water temperature or the
risk of downstream wildlife displacement. This determination is in
keeping with FEMA's treatment of these actions in other areas of the
EHP process; FEMA has determined that each of these small-scale actions
is not significant enough to require preparation of an environmental
assessment because each of them meets a categorical exclusion under
Department of Homeland Security's Instruction Manual 023-01-001-01,
Revision 01, Implementation of the National Environmental Policy Act
(NEPA).
    The majority of the covered actions are small enhancements to
existing facilities that do not materially extend the life of the
facility to which they are associated or promote future development of
the floodplain. Because these actions involve repairs to existing
facilities already located in the floodplain, there are no practicable
alternatives outside of the floodplain.
    The facilities enhanced by these smaller projects are located
within the floodplain. Given that the covered actions occur when an
existing facility is enhanced by smaller fixtures, FEMA determined
there is a very low risk of adverse effects from these actions. That
determination and completing this cumulative initial notice will
provide time and cost savings.
Compliance With Step 7 of the 8-Step Process
    Step 7 of the 8-Step Process requires FEMA to prepare and provide
the public with a finding and public explanation of any final decision
that the floodplain is the only practicable alternative for the
identified actions. FEMA will publish a final public notice for the
described actions after comments from the public are received and
considered. Other actions and those involving facilities that do not
meet the listed criteria are required to undergo the complete Eight-
Step process, including project-specific public notices.
Compliance With Step 8 of the 8-Step Process
    Step 8 of the 8-Step Process requires FEMA to review the
implementation and post-implementation phases of the proposed action to
ensure that the minimization requirements are fully implemented. FEMA
will integrate all implementation and oversight responsibility into
existing GPD processes for project grant review, award, award
administration and closeout.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-22005 Filed 10-3-23; 8:45 am]
BILLING CODE 9111-74-P


[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Proposed Rules]
[Pages 64371-64373]
[FR Doc No: 2015-26691]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4204; Directorate Identifier 2015-NM-001-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes) modified by a particular
supplemental type certificate (STC). This proposed AD was prompted by a
report of chafing found on the overflow sensor harness of the surge
tank, and subsequent contact between the electrical wiring and fuel
tank structure. This proposed AD would require a one-time inspection
for damage of the outer tank of the overflow sensor harness, and repair
if necessary. This proposed AD would also require modification of the
sensor harness. We are proposing this AD to prevent chafing of the
harness and subsequent contact between the electrical wiring and fuel
tank structure, which could result in electrical arcing and a fuel tank
explosion.

DATES: We must receive comments on this proposed AD by December 7,
2015.

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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Simmonds Precision Products, Inc., A UTC Aerospace Company, 100 Panton
Road,

Vergennes, Vermont 05491; phone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
Internet http://www.utcaerospacesystems.com. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4204; 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
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Marc Ronell, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, 12 New England Executive
Park, 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 proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-4204;
Directorate Identifier 2015-NM-001-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, issued EASA
Airworthiness Directive 2013-0193, dated August 23, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model A300
series airplanes and all Model A300-600 series airplanes.
    The MCAI corresponds to FAA AD 2015-03-03, Amendment 39-18099 (80
FR 11101, March 2, 2015), which applies to Airbus Model A300 series
airplanes and Model A300-600 series airplanes, all serial numbers,
except for airplanes modified by supplemental type certificate
ST00092BO (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/D41C5AE8E46B4901862574900069E004?OpenDocument&Highlight=st00092bo).
    In AD 2015-03-03, Amendment 39-18099 (80 FR 11101, March 2, 2015),
we explained that airplanes that have had the in-tank fuel quantity
system modified by STC ST00092BO cannot accomplish the actions required
by AD 2015-03-03 by using Airbus Service Bulletin A300-28-6109,
Revision 01, dated December 20, 2013.
    We also stated that we were considering separate rulemaking to
require the procedures and compliance time specified in UTC Aerospace
Systems Service Bulletin 300723-28-03 (V-1577), dated October 10, 2014,
for airplanes modified by STC ST00092BO. We now have determined that
further rulemaking is indeed necessary, and this proposed AD follows
from that determination.

Related Service Information Under 1 CFR Part 51

    UTC Aerospace Systems has issued Service Bulletin 300723-28-03 (V-
1577), Revision 01, dated July 20, 2015. The service information
describes procedures for an inspection for damage of the outer tank of
the overflow sensor harness, repair, and modification of the sensor
harness. 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 of this
AD.

FAA's Determination

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

Proposed AD Requirements

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

Costs of Compliance

    We estimate that this proposed AD affects 65 airplanes of U.S.
registry.
    We also estimate that it would take about 3 work-hours per product
to comply with the inspections required by this proposed AD. The
average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost of this inspection proposed by this AD on U.S.
operators to be $16,575, or $255 per product.
    We estimate that it takes about 11 work-hours per product to comply
with the modification requirements of this AD. The average labor rate
is $85 per work-hour. Required parts cost about $100 per product. Based
on these figures, we estimate the cost of this modification on U.S.
operators to be $67,275, or $1,035 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

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

    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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):

Airbus: Docket No. FAA-2015-4204; Directorate Identifier 2015-NM-
001-AD.

(a) Comments Due Date

    We must receive comments by December 7, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any
category; modified by Simmonds Precision Products, Inc.,
supplemental type certificate (STC) ST00092BO (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/D41C5AE8E46B4901862v574900069E004?OpenDocument&Highlight=st00092bo).
    (1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (2) Model A300 B4-605R and B4-622R airplanes.
    (3) Model A300 F4-605R and F4-622R airplanes.
    (4) Model A300 C4-605R Variant F airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of chafing found on the
overflow sensor harness of the surge tank, and subsequent contact
between the electrical wiring and fuel tank structure. We are
issuing this AD to prevent chafing of the harness and subsequent
contact between the electrical wiring and fuel tank structure, which
could result in electrical arcing and a fuel tank explosion.

(f) Compliance

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

(g) One-Time Inspection and Repair

    Within 12 months after the effective date of this AD: Do the
actions required by paragraphs (g)(1), (g)(2), and (g)(3) of this
AD, in accordance with the Accomplishment Instructions of UTC
Aerospace Systems Service Bulletin 300723-28-03 (V-1577), Revision
01, dated July 20, 2015.
    (1) Perform a one-time general visual inspection for damage of
the outer tank sensor harness, and if any damage is found on the
expando sleeving, before further flight, do a detailed inspection of
the underlying wires for exposed conductor wires. If any exposed
conductor wire is found, before further flight, replace the outer
wing harness assembly.
    (2) Install new brackets and re-route the surge tank overflow
sensor harness.
    (3) Modify the harness protection.

(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 UTC Aerospace Systems Service Bulletin 300723-
28-03 (V-1577), dated October 10, 2014. This service information is
not incorporated by reference in this AD.

(i) Alternative Methods of Compliance (AMOCs)

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

(j) Related Information

    (1) For more information about this AD, contact Marc Ronell,
Aerospace Engineer, Boston ACO, FAA, 12 New England Executive Park,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Simmonds Precision Products, Inc., A UTC Aerospace Company, 100
Panton Road, Vergennes, Vermont 05491; phone<PHONE_NUMBER>; fax 802-
877-4444; Internet http://www.utcaerospacesystems.com. You may view
this referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on October 15, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-26691 Filed 10-22-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 7, 2008 (Volume 73, Number 130)]
[Notices]
[Page 38474]
[DOCID:fr07jy08-128]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold a Roundtable on Fair Value Accounting
Standards on Wednesday, July 9, 2008 beginning at 9 a.m.
    The Roundtable will take place in the Auditorium of the
Commission's headquarters at 100 F Street, NE., Washington, DC. The
Roundtable will be open to the public with seating on a first-come,
first-served basis. Doors will open at 8:30 a.m. Visitors will be
subject to security checks.
    The roundtable will consist of an open discussion of the benefits
and potential challenges associated with existing fair value accounting
and auditing standards and will be organized as two panels: The first
panel will discuss fair value accounting issues from the perspective of
larger financial institutions and the needs of their investors; and the
second panel will discuss the issues from the perspective of all public
companies, including small public companies and the needs of their
investors.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: July 1, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15285 Filed 7-3-08; 8:45 am]

BILLING CODE 8010-01-P