[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Proposed Rules]
[Pages 58772-58777]
[FR Doc No: 2017-26362]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1100; Product Identifier 2017-NM-077-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 supersede Airworthiness Directive (AD) 2015-15-
13, which applies to certain Airbus Model A319 series airplanes; Model
A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-
111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2015-
15-13 requires modification of the potable water service panel and
waste water service panel, including doing applicable related
investigative and corrective actions. Since we issued AD 2015-15-13,
further investigations linked to widespread fatigue damage (WFD)
analysis highlighted that, to meet the WFD requirements, it is
necessary that the affected modification not be accomplished before
reaching a certain threshold. This proposed AD would require
modification of the waste water and potable water service panels with
new compliance times. This proposed AD would also remove certain
airplanes from the applicability and add Model A320-216 airplanes to
the applicability. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by January 29,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

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-
1100; 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 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-1100;
Product Identifier 2017-NM-077-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

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    We issued AD 2015-15-13, Amendment 39-18223 (80 FR 45857, August 3,
2015) (``AD 2015-15-13''), for certain Airbus Model A319 series
airplanes; Model A320-211, -212, -214, -231,-232, and -233 airplanes;
and Model A321 series airplanes. AD 2015-15-13 was prompted by reports
of cracks that could be initiated at the waste water service panel area
and the potable water service panel area. AD 2015-15-13 requires
modification of the potable water service panel and waste water service
panel, including doing applicable related investigative and corrective
actions. We issued AD 2015-15-13 to prevent any cracking at the waste
water service panel area and the potable water service panel area,
which could affect the structural integrity of the airplane.
    Since we issued AD 2015-15-13, further investigations linked to WFD
analysis highlighted that, to meet the WFD requirements, it is
necessary that the affected modification is not accomplished before
reaching a certain threshold by imposing a ``window of embodiment.''
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0098, dated June 7, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A319 series airplanes; Airbus Model A320-211, -212, -214, -216, -231, -
232, and -233 airplanes; and Airbus Model A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. The MCAI states:

    During the full scale fatigue test on A320-200, it was noticed
that, due to fatigue, cracks could initiate at the potable water and
waste water service panel areas.
    This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
    Prompted by these findings, Airworthiness Limitation Section
(ALS) Part 2 tasks were introduced for the affected aeroplanes.
Since those actions were taken, Airbus developed production mod
160055 and mod 160056 to embody reinforcements (cold working on
certain rivet rows) of the potable water and waste water service
panels, and published associated Airbus Service Bulletin (SB) A320-
53-1272 and Airbus SB A320-53-1267 for in-service embodiment.
Complementary design office studies highlighted that the
``Sharklets'' installation on certain aeroplanes has a significant
impact on the aeroplane structure (particularly, A319 and A320 post-
mod 160001, A320 post-SB A320-57-1193 (mod 160080), and A321 post-
mod 160021), leading to different compliance times, depending on
aeroplane configuration.
    Consequently, EASA issued AD 2014-0081 [which corresponds to FAA
AD 2015-15-13] to require reinforcement of the potable water and
waste water service panels. Accomplishment of these modifications
cancelled the need for the related ALS Part 2 Tasks.
    Since that AD was issued, further investigations linked to the
Widespread Fatigue Damage (WFD) analysis highlighted that, to meet
the WFD requirements, it is necessary that the affected modification
is not accomplished before reaching a certain threshold, by imposing
a so-called ``window of embodiment''. Consequently, Airbus revised
SB A320-53-1272 (now at revision (Rev.) 04) and SB A320-53-1267 (now
at Rev. 05).
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2014-0081, which is superseded, and
introduces additional compliance times for those actions.

    This proposed AD would also remove Model A319 series airplanes on
which modification 28162, 28238, and 28342 have been embodied
(``Corporate Jet'' modifications) from the applicability because
production modifications

mitigated the risk associated with the unsafe condition. This proposed
AD would also add Model A320-216 airplanes to the applicability because
those airplanes are affected by the identified unsafe condition.
    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1100.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-53-1267, Revision 05, dated
November 29, 2016, which describes procedures for modifying the waste
water service panel. Airbus has also issued Service Bulletin A320-53-
1272, Revision 04, dated November 29, 2016, which describes procedures
for modifying the potable water service panel. Both modifications
include a check of the diameter of the holes of removed fasteners, a
related investigative action (rotating probe inspection for cracking on
the holes of the removed fasteners) and a corrective action (repair).
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 and Requirements of This Proposed AD

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

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S.
registry.
    We also estimate that it would take about 27 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $700
per product. Based on these figures, we estimate the cost of this
proposed AD on U.S. operators to be $2,548,745, or $2,995 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

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 removing Airworthiness Directive (AD)
2015-15-13, Amendment 39-18223 (80 FR 45857, August 3, 2015), and
adding the following new AD:

Airbus: Docket No. FAA-2017-1100; Product Identifier 2017-NM-077-AD.

(a) Comments Due Date

    We must receive comments by January 29, 2018.

(b) Affected ADs

    This AD replaces AD 2015-15-13, Amendment 39-18223 (80 FR 45857,
August 3, 2015) (``AD 2015-15-13'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
except for those airplanes on which Airbus modification 160055 or
modification 160056 has been embodied in production, and except for
Model A319 series airplanes on which modification 28162, 28238, and
28342 have been embodied (``Corporate Jet'').
    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (2) Airbus Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes.
    (3) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating

that the potable water and waste water service panel areas are
subject to widespread fatigue damage (WFD). We are issuing this AD
to prevent cracking of the potable water and waste water service
panel areas, 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) Modification of the Potable Water Service Panel

    (1) Within the compliance times specified in Table 1 to
paragraphs (g)(1) and (i) of this AD, as applicable, modify the
potable water service panel, including doing a check of the diameter
of the holes of removed fasteners, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1272,
Revision 04, dated November 29, 2016, except as required by
paragraph (g)(2) of this AD. Do all applicable related investigative
and corrective actions before further flight.

     Table 1 to Paragraphs (g)(1) and (i) of This AD--Compliance Times for the Portable Water Service Panel
                                                  Reinforcement
----------------------------------------------------------------------------------------------------------------
                                                                                Compliance time maximum
                                                                                (before the accumulation of
               Affected airplanes *                   Compliance time minimum **     the specified total flight
                                                                                cycles since the airplane's
                                                                                first flight)
----------------------------------------------------------------------------------------------------------------
A319, pre-modification 160001 and pre-service       33,100 total flight cycles...  48,500 total flight cycles.
 bulletin A320-57-1193.
A319, post-modification 160001 or post-service      None.........................  46,000 total flight cycles.
 bulletin A320-57-1193.
A320, pre-modification 160001 and pre-service       25,100 total flight cycles...  54,200 total flight cycles.
 bulletin A320-57-1193.
A320, post-modification 160001 or post-service      None.........................  48,300 total flight cycles.
 bulletin A320-57-1193.
A321-100..........................................  25,100 total flight cycles...  60,000 total flight cycles.
A321-200 pre[dash]modification 160021.............  22,100 total flight cycles...  60,000 total flight cycles.
A321-200 post[dash]modification 160021............  None.........................  60,000 total flight cycles.
----------------------------------------------------------------------------------------------------------------
* A321-111, A321-112 and A321[dash]131 airplanes are collectively referred to as ``A321-100.'' Similarly, A321-
  211, A321-212, A321-213, A321-231 and A321-232 airplanes are collectively referred to as ``A321[dash]200''.
** Not before accumulating the specified total flight cycles since the airplane's first flight.

    (2) Where Airbus Service Bulletin A320-53-1272, Revision 04,
dated November 29, 2016, specifies to contact Airbus for appropriate
action, and specifies that action as ``RC'' (Required for
Compliance): Before further flight, accomplish corrective actions in
accordance with the procedures specified in paragraph (m)(2) of this
AD.

(h) Modification of the Waste Water Service Panel

    (1) Within the compliance times specified in Table 2 to
paragraphs (h)(1) and (i) of this AD, as applicable, modify the
waste water service panel, including doing a check of the diameter
of the holes of removed fasteners, and do all applicable related
investigative and corrective actions in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1267,
Revision 05, dated November 29, 2016, except as required by
paragraph (h)(2) of this AD. Do all applicable related investigative
and corrective actions before further flight.

       Table 2 to Paragraphs (h)(1) and (i) of This AD--Compliance Times for the Waste Water Service Panel
                                                  Reinforcement
----------------------------------------------------------------------------------------------------------------
     Affected airplanes *                  Compliance time minimum **                Compliance time maximum
----------------------------------------------------------------------------------------------------------------
A319, pre-modification 160001   28,600 total flight cycles.....................  Before the accumulation of
 and pre-service bulletin A320-                                                   44,400 total flight cycles
 57-1193.                                                                         since the airplane's first
                                                                                flight.
A319, post-modification 160001  None...........................................  Before the accumulation of
 or post-service bulletin A320-                                                   43,600 total flight cycles
 57-1193.                                                                         since the airplane's first
                                                                                flight.
A320, pre-modification 160001   35,800 total flight cycles.....................  Before the accumulation of
 and pre-service bulletin A320-                                                   46,000 total flight cycles
 57-1193.                                                                         since the airplane's first
                                                                                flight; or within 2,300 flight
                                                                                cycles since the last
                                                                                accomplishment of
                                                                                Airworthiness Limitation
                                                                                Section (ALS) Part 2 Task
                                                                                534126-01-3 without exceeding
                                                                                48,000 total flight cycles
                                                                                since the airplane's first
                                                                                flight; whichever occurs
                                                                                later.
A320, post-modification 160001  5,400 total flight cycles......................  Before the accumulation of
 or post-service bulletin A320-                                                   39,200 total flight cycles
 57-1193.                                                                         since the airplane's first
                                                                                flight.
A321-100......................  36,900 total flight cycles.....................  Before the accumulation of
                                                                                52,500 total flight cycles
                                                                                since the airplane's first
                                                                                flight.
A321-200 pre-modification       35,700 total flight cycles.....................  Before the accumulation of
 160021.                                                                          53,500 total flight cycles
                                                                                since the airplane's first
                                                                                flight.
A321-200 post-modification      None...........................................  Before the accumulation of
 160021.                                                                          51,200 total flight cycles
                                                                                since the airplane's first
                                                                                flight.
----------------------------------------------------------------------------------------------------------------
* A321-111, A321-112 and A321-131 airplanes are collectively referred to as ``A321-100.'' Similarly, A321-211,
  A321-212, A321-213, A321-231 and A321-232 airplanes are collectively referred to as ``A321-200''.
** Not before accumulating the specified total flight cycles since the airplane's first flight.

    (2) Where Airbus Service Bulletin A320-53-1267, Revision 05,
dated November 29, 2016, specifies to contact Airbus for appropriate
action, and specifies that action as ``RC'' (Required for
Compliance): Before further flight, accomplish corrective actions in
accordance with the procedures specified in paragraph (m)(2) of this
AD.

(i) Corrective Action for Airplanes With Certain Modifications

    For airplanes on which the modification, as required by
paragraph (g) or (h) of this AD,

as applicable, was accomplished before reaching the applicable
minimum compliance time as defined in Table 1 to paragraphs (g)(1)
and (i) of this AD or Table 2 to paragraphs (h)(1) and (i) of this
AD: Before exceeding 60,000 flight cycles since the airplane's first
flight, contact the Manager, International Section, Transport
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA) for
approved corrective action instructions and accomplish those
instructions accordingly.

(j) Terminating Action for Airplanes on Which the Potable Water Service
Panel Modification Is Done

    Modification of an airplane as required by paragraph (g) of this
AD terminates the requirement for accomplishing the ALS Part 2 task
for that airplane as specified in Table 3 to paragraph (j) of this
AD, as applicable.

  Table 3 to Paragraph (j) of This AD--ALS Part 2 Task Terminated After
                Potable Water Service Panel Modification
------------------------------------------------------------------------
                                                            ALS Part 2
                   Affected airplanes                        task No.
------------------------------------------------------------------------
A319, pre-modification 160001 and pre-service bulletin       534125-01-2
 A320-57-1193...........................................
A319, post-modification 160001 or post-service bulletin      534125-01-5
 A320-57-1193...........................................
A320, pre-modification 160001 and pre-service bulletin       534125-01-3
 A320-57-1193...........................................
A320, post-modification 160001 or post-service bulletin      534125-01-6
 A320-57-1193...........................................
A321 pre-modification 160021............................     534125-01-4
A321 post-modification 160021...........................     534125-01-7
------------------------------------------------------------------------

(k) Terminating Action for Airplanes on Which the Waste Water Service
Panel Modification Is Done

    Modification of an airplane as required by paragraph (h) of this
AD terminates the requirement for accomplishing the ALS Part 2 task
for that airplane as specified in Table 4 to paragraph (k) of this
AD, as applicable.

  Table 4 to Paragraph (k) of This AD--ALS Part 2 Task Terminated After
                 Waste Water Service Panel Modification
------------------------------------------------------------------------
                                                            ALS Part 2
                   Affected airplanes                        task No.
------------------------------------------------------------------------
A319, pre-modification 160001 and pre-service bulletin       534126-01-2
 A320[dash]57-1193......................................
A319, post-modification 160001 or post-service bulletin      534126-01-5
 A320[dash]57-1193......................................
A320, pre-modification 160001 and pre-service bulletin       534126-01-3
 A320[dash]57-1193......................................
A320, post-modification 160001 or post-service bulletin      534126-01-6
 A320[dash]57-1193......................................
A321 pre-modification 160021............................     534126-01-4
A321 post-modification 160021...........................     534126-01-7
------------------------------------------------------------------------

(l) Credit for Previous Actions

    (1) 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 the service information in
paragraphs (l)(1)(i) through (l)(1)(iv) of this AD.
    (i) Airbus Service Bulletin A320-53-1272, Revision 00, dated
January 10, 2013, which is not incorporated by reference in this AD.
    (ii) Airbus Service Bulletin A320-53-1272, Revision 01, dated
August 6, 2013, which is not incorporated by reference in this AD.
    (iii) Airbus Service Bulletin A320-53-1272, Revision 02, dated
May 19, 2014, which was incorporated by reference in AD 2015-15-13.
    (iv) Airbus Service Bulletin A320-53-1272, Revision 03, dated
November 26, 2015, which is not incorporated by reference in this
AD.
    (2) This paragraph provides credit for actions required by
paragraph (h) of this AD if those actions were performed before the
effective date of this AD using the service information in
paragraphs (l)(2)(i) through (l)(2)(v) of this AD.
    (i) Airbus Service Bulletin A320-53-1267, Revision 00, dated
June 24, 2013, which is not incorporated by reference in this AD.
    (ii) Airbus Service Bulletin A320-53-1267, Revision 01, dated
October 2, 2013, which is not incorporated by reference in this AD.
    (iii) Airbus Service Bulletin A320-53-1267, Revision 02, dated
May 19, 2014, which was incorporated by reference in AD 2015-15-13.
    (iv) Airbus Service Bulletin A320-53-1267, Revision 03, dated
November 26, 2015, which is not incorporated by reference in this
AD.
    (v) Airbus Service Bulletin A320-53-1267, Revision 04, dated
February 1, 2016, which is not incorporated by reference in this AD.

(m) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (n)(2) of this AD. Information
may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the EASA; or Airbus's EASA DOA. If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraphs (g)(2) and (h)(2) of this AD: If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or

changes to procedures or tests identified as RC require approval of
an AMOC.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0098, dated June 7, 2017,
for related information. This MCAI may be found in the AD docket on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-1100.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone
425-227-1405; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on November 29, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-26362 Filed 12-13-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62500]
[DOCID:fr05no07-81]

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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 the following meeting during the week of
November 5, 2007:
    A Closed Meeting will be held on Thursday, November 8, 2007 at 2
p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (6), (7), (8), 9(ii) and (10), permit consideration
of the scheduled matters at the closed meeting.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the closed meeting scheduled for Thursday,
November 8, 2007 will be:
    Formal orders of investigation;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature;
    Adjudicatory matters;
    Resolution of litigation claims;
    Collection matter;
    Regulatory matter regarding a financial institution; and
    Other matters related to enforcement actions.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: October 30, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. E7-21638 Filed 11-2-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37255-37257]
[FR Doc No: 2023-12100]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-2057]

Revocation of Emergency Use of a Drug During the COVID-19
Pandemic; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
revocation of the Emergency Use Authorization (EUA) issued to B. Braun
Melsungen AG (B. Braun Melsungen) for Propofol-Lipuro 1% injectable
emulsion (Propofol-Lipuro 1% emulsion). The EUA was issued on March 12,
2021. B. Braun Melsungen informed FDA that the inventory of the
Propofol-Lipuro 1% emulsion within the United States has been depleted
and that B. Braun Melsungen does not intend to offer this product in
the United States anymore. Because B. Braun Melsungen has notified FDA
that it does not intend to offer the Propofol-Lipuro 1% emulsion in the
United States anymore and requested FDA revoke the EUA for the
Propofol-Lipuro 1% emulsion, FDA has determined that it is appropriate
to protect the public health or safety to revoke this authorization.
The revocation, which includes an explanation of the reasons for the
revocation, is reprinted in this document.

DATES: The Authorization is revoked as of April 12, 2023.

ADDRESSES: Submit written requests for a single copy of the EUA to the
Office of Executive Programs, Center for Drug Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, 6th
Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive
label to assist that office in processing your request or include a Fax
number to which the Authorization may be sent. See the SUPPLEMENTARY
INFORMATION section for electronic access to the Authorization.

FOR FURTHER INFORMATION CONTACT: Johanna McLatchy, Office of Executive
Programs, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, 6th Floor, Silver
Spring, MD 20993-0002,<PHONE_NUMBER> (this is not a toll free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) allows FDA to
strengthen the public health protections against biological, chemical,
nuclear, and radiological agents. Among other things, section 564 of
the FD&C Act allows FDA to authorize the use of an unapproved medical
product or an unapproved use of an approved medical product in certain
situations. With this EUA authority, FDA can help ensure that medical
countermeasures may be used in emergencies to diagnose, treat, or
prevent serious or life-threatening diseases or conditions caused by
biological, chemical, nuclear, or radiological agents when there are no
adequate, approved, and available alternatives. On March 12, 2021, FDA

issued an Authorization (EUA 096) to B. Braun Melsungen for Propofol-
Lipuro 1% emulsion, subject to the terms of the Authorization. Notice
of the issuance of the Authorization was published in the Federal
Register on June 23, 2021 (86 FR 32938), as required by section
564(h)(1) of the FD&C Act.

II. The Revocation

    Because B. Braun Melsungen has notified FDA that it does not intend
to offer the Propofol-Lipuro 1% emulsion in the United States anymore
and requested FDA revoke the EUA for the Propofol-Lipuro 1% emulsion,
FDA has determined that it is appropriate to protect the public health
or safety to revoke this authorization. The revocation in its entirety
follows and provides an explanation of the reasons for revocation, as
required by section 564(h)(1) of the FD&C Act.

III. Electronic Access

    An electronic version of this document and the full text of the
Authorizations and revocation are available on the internet at https://www.fda.gov/drugs/emergency-preparedness-drugs/emergency-use-authorizations-drugs-and-non-vaccine-biological-products.
BILLING CODE 4164-01-P
[GRAPHIC] [TIFF OMITTED] TN07JN23.026

[GRAPHIC] [TIFF OMITTED] TN07JN23.027

    Dated: June 1, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-12100 Filed 6-6-23; 8:45 am]
BILLING CODE 4164-01-C


[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83701-83704]
[FR Doc No: 2016-28097]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2014-0492; FRL-9955-50-OAR]
RIN 2060-AR97

Clarification of Requirements for Method 303 Certification
Training

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions to better define the requirements associated with conducting
Method 303 training courses. Method 303 is an air pollution test method
used to determine the presence of visible emissions (VE) from coke
ovens. This action adds language that clarifies the criteria used by
the EPA to determine the competency of Method 303 training providers,
but does not change the requirements for conducting the test method.
These revisions will help entities interested in conducting the
required training courses by clearly defining the requirements
necessary to do so.

DATES: The final rule is effective on December 22, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2014-0492. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Kim Garnett, U.S. EPA, Office of
Air Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (Mail Code: E143-02), Research Triangle
Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number: (919)
541-0516; email address<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:
I. General Information
    A. Does this action apply to me?
    B. What action is the agency taking?
    C. Judicial Review
II. Background
III. Changes Included in the Final Method 303 Clarification
IV. Summary of Major Comments and Responses
    A. Technology Improvement
    B. Training Requirements
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    This action applies to you if you are a potential provider of
Method 303 training services, someone seeking training to conduct
Method 303, or a facility subject to Method 303.

B. What action is the agency taking?

    This final action adds language that further clarifies the criteria
used by the EPA to determine the competency of Method 303 training
providers, but does not change the requirements for conducting the test
method.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available by filing a petition for review in the
United States Court of Appeals for the District of Columbia Circuit by
January 23, 2017. Under section 307(d)(7)(B) of the CAA, only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements that are the subject of this final rule may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.

II. Background

    On October 27, 1993, we published Method 303 for determining VE
from

coke ovens (58 FR 57898). Method 303 is applicable for the
determination of VE from the following by-product coke oven battery
sources: Charging systems during charging; doors, topside port lids and
offtake systems on operating coke ovens; and collecting mains. Method
303 is also applicable to qualifying observers for visually determining
the presence of VE from by-product coke ovens. The EPA received
inquiries from state/local agencies seeking the specifics of the
procedures used to qualify observers. The EPA proposed these
clarifications on February 25, 2016 (81 FR 9407). We received public
comments from two individuals.

III. Changes Included in the Final Method 303 Clarification

    Method 303 section 10.1 (40 CFR part 63, appendix B) presently
states that ``The Method 303 course shall be conducted by or under the
sanction of the EPA and shall consist of classroom instruction, field
observation, and a proficiency test. . . .'' We are amending this
language by removing the statement indicating that these courses be
conducted by or under the sanction of the EPA. Instead, Administrator-
approved training providers will be allowed to conduct Method 303
training and certification. We are, therefore, revising Method 303 to
define the administrative and recordkeeping requirements that must be
followed by Method 303 training providers. This action: (1) Defines
Administrator approval of Method 303 training providers, clarifies the
minimum training course requirements, and details the recordkeeping
requirements that the training provider must follow in order to attain
Administrator approval (section 10.1); (2) adds language to clarify
that VE readers must demonstrate a perfect score on the recertification
exam (section 10.1.2); (3) updates and expands the criteria used to
determine who is qualified to participate on the proficiency test panel
(section 10.1.3); (4) adds criteria for training certificates,
submittal of this information, and recordkeeping (sections 10.1.4-
10.1.6); and (5) defines conditions for suspension of the training
provider's approval by the Administrator (section 10.1.7). There are no
changes to the requirements for conducting the test method.

IV. Comments and Responses

A. Technology Improvement

    The first commenter suggested that the EPA should require the
inspector to utilize digital imagery to document the visible emission
observation. This comment is beyond the scope of the present action.
This action does not involve the merits of Method 303, but rather
training requirements in order for observers to be qualified to conduct
Method 303 testing. No change to the rule was made in response to this
comment.

B. Training Requirements

    The first commenter, also, stated that the quality of third-party
Method 9 lectures is simply not good enough to ensure that any level of
training is achieved, and seems to suggest that the Method 9 lecture is
the only training involved. While attending the lecture portion of
Method 9 is a prerequisite to receiving Method 303 certification, this
requirement is to ensure individuals have a basic understanding of
opacity measurement. It is not the sole training requirement. For
example, the trainee must successfully complete the Method 303 training
course, satisfy the field observation requirement, and demonstrate
adequate performance and sufficient knowledge of Method 303 (see
section 10.1). A trainee must also verify completion of at least 12
hours of field observation prior to attending the Method 303
certification course (see section 10.1.1). There are numerous other
requirements as well. Therefore, the EPA believes an approved Method
303 training course will be comprehensive enough to assure that
individuals who receive certification to determine VE from coke oven
battery sources are proficient regardless of any perceived inadequacy
of Method 9 lectures. No change to the rule was made in response to
this comment.
    The second commenter expressed concerns over the possible use of ad
hoc panel members, stating these panel members may have inconsistent
interpretations of Method 303 and different inspection practices at the
plants. The EPA agrees with the comment regarding the make-up of the
certification panel, and is amending the Method 303 rule language in
section 10.1.3 to specify that the composition of the panel will be
approved by the Administrator as part of the training course approval
process. During this approval process, the experience of each panel
member will be reviewed in order to ensure consistency.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action better defines the requirements associated with
conducting Method 303 training courses and does not impose additional
regulatory requirements on sources.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
better defines the requirements associated with conducting Method 303
training courses and does not impose additional regulatory requirements
on sources.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more for as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. This action clarifies the criteria used by the
EPA to determine the competency of training providers, but does not
change the requirements for conducting the test method. Thus, Executive
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action would make
corrections and updates to an existing protocol for assessing the
precision and accuracy of alternative test methods to ensure they are
comparable to the methods otherwise required; thus, it does not modify
or affect the impacts to human health or the environment of any
standards for which it may be used.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This rule will be effective January 23, 2017.

Clarification of Requirements for Method 303 Certification Training

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Test methods.

    Dated: November 8, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the EPA is amending title
40, chapter I of the Code of Federal Regulations as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

0
2. In Appendix A, amend Method 303:
0
a. In section 5.0 by revising paragraph 5.2; and
0
b. In section 10.0 by:
0
i. Revising paragraphs 10.1, 10.1.1, 10.1.2, and 10.1.3;
0
ii. Adding paragraphs 10.1.4, 10.1.5, 10.1.6, and 10.1.7; and
0
iii. Revising paragraph 10.2.
    The revisions and additions read as follows.

Appendix A to Part 63--Test Methods

* * * * *

Method 303--Determination of Visible Emissions From By-Product Coke
Oven Batteries

* * * * *

5.0 Safety

* * * * *
    5.2 Safety Training. Because coke oven batteries have hazardous
environments, the training materials and the field training (section
10.0) shall cover the precautions required to address health and
safety hazards.
* * * * *

10.0 Calibration and Standardization

* * * * *
    10.1 Certification Procedures. This method requires only the
determination of whether VE occur and does not require the
determination of opacity levels; therefore, observer certification
according to Method 9 in appendix A to part 60 of this chapter is
not required to obtain certification under this method. However, in
order to receive Method 303 observer certification, the first-time
observer (trainee) shall have attended the lecture portion of the
Method 9 certification course. In addition, the trainee shall
successfully complete the Method 303 training course, satisfy the
field observation requirement, and demonstrate adequate performance
and sufficient knowledge of Method 303. The Method 303 training
provider and course shall be approved by the Administrator and shall
consist of classroom instruction, field training, and a proficiency
test. In order to apply for approval as a Method 303 training
provider, an applicant must submit their credentials and the details
of their Method 303 training course to Group Leader, Measurement
Technology Group (E143-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711. Those details should include, at a minimum:
    (a) A detailed list of the provider's credentials.
    (b) An outline of the classroom and the field portions of the
class.
    (c) Copies of the written training and lecture materials, to
include:
    (1) The classroom audio-visual presentation(s).
    (2) A classroom course manual with instructional text, practice
questions and problems for each of the elements of the Method 303
inspection (i.e., charging, doors, lids and offtakes, and collecting
mains). A copy of Method 303 and any related guidance documents
should be included as appendices.
    (3) A copy of the Method 303 demonstration video, if not using
the one available at: http://www3.epa.gov/ttn/emc/methods/method303trainingvideo.mp4.
    (4) Multiple-choice certification tests, with questions
sufficient to demonstrate knowledge of the method, as follows: One
(1) Initial certification test and three (3) third-year
recertification tests (the questions on any one recertification test
must be at least 25 percent different from those on the other
recertification tests).
    (5) A field certification checklist and inspection forms for
each of the elements of the Method 303 inspection (i.e., charging,
doors, lids and offtakes, and collecting mains).
    (6) The criteria used to determine proficiency.
    (7) The panel members to be utilized (see Section 10.1.3) along
with their qualifications.
    (8) An example certificate of successful course completion.
    10.1.1 A trainee must verify completion of at least 12 hours of
field observation prior to attending the Method 303 certification
course. Trainees shall observe the operation of a coke oven battery
as it pertains to Method 303, including topside operations, and
shall also practice conducting Method 303 or similar methods. During
the field observations, trainees unfamiliar with coke battery
operations shall receive instruction from an experienced coke oven
observer who is familiar with Method 303 or similar methods and with
the operation of coke batteries.
    10.1.2 The classroom instruction shall familiarize the trainees
with Method 303 through lecture, written training materials, and a
Method 303 demonstration video. Successful completion of the
classroom portion of the Method 303 training course shall be
demonstrated by a perfect score on the initial certification test.
Those attending the course for third-year recertification must
complete one of the recertification tests selected at random.
    10.1.3 All trainees must demonstrate proficiency in the
application of Method 303 to a panel of three certified Method 303

observers, including an ability to differentiate coke oven emissions
from condensing water vapor and smoldering coal. The composition of
the panel must be approved by the Administrator as part of the
training course approval process. The panel members will be EPA,
state or local agency personnel, or industry contractors listed in
59 FR 11960 (March 15, 1994) or qualified as part of the training
provider approval process of section 10.1 of this method.
    Each panel member shall have at least 120 days experience in
reading visible emissions from coke ovens. The visible emissions
inspections that will satisfy the experience requirement must be
inspections of coke oven battery fugitive emissions from the
emission points subject to emission standards under subpart L of
this part (i.e., coke oven doors, topside port lids, offtake
system(s), and charging operations), using either Method 303 or
predecessor state or local test methods. A ``day's experience'' for
a particular inspection is a day on which one complete inspection
was performed for that emission point under Method 303 or a
predecessor state or local method. A ``day's experience'' does not
mean 8 or 10 hours performing inspections, or any particular time
expressed in minutes or hours that may have been spent performing
them. Thus, it would be possible for an individual to qualify as a
Method 303 panel member for some emission points, but not others
(e.g., an individual might satisfy the experience requirement for
coke oven doors, but not topside port lids). Until November 15,
1994, the EPA may waive the certification requirement (but not the
experience requirement) for panel members. The composition of the
panel shall be approved by the EPA.
    The panel shall observe the trainee in a series of training runs
and a series of certification runs. There shall be a minimum of 1
training run for doors, topside port lids, and offtake systems, and
a minimum of 5 training runs (i.e., 5 charges) for charging. During
training runs, the panel can advise the trainee on proper
procedures. There shall be a minimum of 3 certification runs for
doors, topside port lids, and offtake systems, and a minimum of 15
certification runs for charging (i.e., 15 charges). The
certification runs shall be unassisted. Following the certification
test runs, the panel shall approve or disapprove certification based
on the trainee's performance during the certification runs. To
obtain certification, the trainee shall demonstrate, to the
satisfaction of the panel, a high degree of proficiency in
performing Method 303. To aid in evaluating the trainee's
performance, a checklist, approved by the EPA, will be used by the
panel members.
    10.1.4 Those successfully completing the initial certification
or third-year recertification requirements shall receive a
certificate showing certification as a Method 303 observer and the
beginning and ending dates of the certification period.
    10.1.5 The training provider will submit to the EPA or its
designee the following information for each trainee successfully
completing initial certification or third-year recertification
training: Name, employer, address, telephone, cell and/or fax
numbers, email address, beginning and ending dates of certification,
and whether training was for 3-year certification or 1-year
recertification. This information must be submitted within 30 days
of the course completion.
    10.1.6 The training provider will maintain the following
records, to be made available to EPA or its designee on request
(within 30 days of a request):
    (a) A file for each Method 303 observer containing the signed
certification checklists, certification forms and test results for
their initial certification, and any subsequent third-year
recertifications. Initial certification records must also include
documentation showing successful completion of the training
prerequisites. Testing results from any interim recertifications
must also be included, along with any relevant communications.
    (b) A searchable master electronic database of all persons for
whom initial certification, third-year recertification or interim
recertification. Information contained therein must include: The
observer's name, employer, address, telephone, cell and fax numbers
and email address, along with the beginning and ending dates for
each successfully completed initial, third-year and interim
recertification.
    10.1.7 Failure by the training provider to submit example
training course materials and/or requested training records to the
Administrator may result in suspension of the approval of the
provider and course.
    10.2 Observer Certification/Recertification. The coke oven
observer certification is valid for 1 year. The observer shall
recertify annually by reviewing the training material, viewing the
training video and answering all of the questions on the
recertification test correctly. Every 3 years, an observer shall be
required to pass the proficiency test in section 10.1.3 in order to
be certified. The years between proficiency tests are referred to as
interim years.
* * * * *
[FR Doc. 2016-28097 Filed 11-21-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32022-32024]
[FR Doc No: 2012-13205]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2012-0312; FRL-9679-6]

Direct Final Negative Declaration and Withdrawal of Large
Municipal Waste Combustors State Plan for Designated Facilities and
Pollutants: Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve Illinois'
negative declaration and request for EPA withdrawal of its 111(d)/129
State Plan to control air pollutants from ``Large Municipal Waste
Combustors'' (LMWC).

DATES: This direct final rule will be effective July 30, 2012, unless
EPA receives adverse comments by July 2, 2012. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0312, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Carlton T. Nash, Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Carlton T. Nash, Chief, Toxics and Global
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S.
Environmental

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0312. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Margaret Sieffert, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    Sections 111(d) and 129 of the Clean Air Act require submittal of
State plans to control certain pollutants (designated pollutants) at
existing solid waste combustion facilities (designated facilities)
whenever standards of performance have been established under section
111(d) for new sources of the same type and EPA has established
emission guidelines for such existing sources. Standards of performance
for new LMWC units and emission guidelines for all existing LMWC units
constructed on or before September 20, 1994, were originally
established by EPA on December 15, 1995 (60 FR 65415).
    EPA approved Illinois' LMWC State Plan to implement EPA's emission
guidelines for existing LMWCs on December 29,1997 at 62 FR 67570 and
codified at 40 CFR 62.3350. The only LMWC operating in the State was
Robbins Resource Recovery Center (RRRC). On May 10, 2006, EPA
promulgated revised LMWC emission guidelines under 40 CFR part 60
subpart Cb, that triggered the need for states to submit revised State
Plans to implement the revised emission guidelines for existing sources
in the state. However, 40 CFR 62.06 provides that if there are no
existing sources of the designated pollutants within a state, the state
may submit a letter of certification to that effect, or a negative
declaration, in lieu of a plan. The negative declaration exempts the
state from the requirements to submit a State Plan for designated
pollutants at designated facilities. On February 1, 2012, the Illinois
Environmental Protection Agency (IEPA) submitted a negative declaration
letter to EPA certifying that the only designated facility in the State
Plan, RRRC, ceased operation and is completely shut down, and requested
that EPA withdraw the Illinois' State Plan implementing the emission
guidelines for LMWCs.

II. Final Action

    IEPA has determined that there are now no existing facilities
subject to subpart Cb requirements in the State. EPA accepts the
State's negative declaration. EPA is approving the State of Illinois'
negative declaration and request for withdrawal of its State Plan for
LMWCs. Accordingly, EPA is amending part 62 to reflect approval of the
IEPA February 1, 2012, negative declaration and request for EPA
withdrawal of the LMWC State Plan. However, if an affected Illinois
LMWC unit is discovered in the future, all the requirements of the
Federal plan (including revisions or amendments), part 62, subpart FFF,
will be applicable to the affected unit.
    EPA is publishing this approval notice without prior proposal
because the Agency views this as a non-controversial action and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the State's
negative declaration and request for withdrawal of Illinois' State Plan
for LMWC units in the event adverse comments are filed. This rule will
be effective July 30, 2012 without further notice unless we receive
relevant adverse written comments by July 2, 2012. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on the proposed action. EPA will not institute a
second comment period. Any parties interested in commenting on this
action should do so at this time. If we do not receive any comments,
this action will be effective July 30, 2012.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional

requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). This rule also does not have tribal
implications because it will not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects 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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal
standard.
    In reviewing Section 111(d)/129 plan submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to disapprove a Section 111(d)/129 plan submission
for failure to use VCS. It would thus be inconsistent with applicable
law for EPA, when it reviews a Section 111(d)/129 plan submission, to
use VCS in place of a Section 111(d)/129 plan submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 30, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action approving Illinois' Section 111(d)/129
negative declaration and request for EPA withdrawal of the LMWC plan
approval may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Large municipal waste combustors,
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: May 16, 2012.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart P--Illinois

0
2. Section 62.3350 is amended by revising the section heading,
designating the existing paragraph as (a) and adding paragraph (b) to
read as follows:

Sec.  62.3350  Identification of plan--negative declaration.

* * * * *
    (b) On February 1, 2012, the Illinois Environmental Protection
Agency submitted a negative declaration that there are no large
municipal waste combustors in the State of Illinois subject to part 60,
subpart Cb emission guidelines and requested withdrawal of its State
Plan for LMWC units approved under paragraph (a) of this section.

0
3. A new Sec.  62.3351 is added to read as follows:

Sec.  62.3351  Effective date.

    The Federal effective date of the negative declaration and
withdrawal of Illinois' State Plan for LMWC units is July 30, 2012.

[FR Doc. 2012-13205 Filed 5-30-12; 8:45 am]
BILLING CODE 6560-50-P


I wish the NPRM 4521 that FAA is considering be given a lot more careful consideration and its impact on general aviation pilots who extend their selves to introduce young people to the wonders of flight; as an active general aviation EAA member, and airline pilot who has given hundreds of flights to encumber us with Part 135 regulations is unbelievable...our safety record speaks for itself if FAA has a unique problem with a few helicopters operating in hawaii...deal with them...stop this paint all with the same paint brush....you have a responsibility to promote safe aviation not cripple it   thank you