[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9887-9888]
[FR Doc No: 2020-03372]

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SECURITIES AND EXCHANGE COMMISSION

[Securities Exchange Act of 1934 Release No. 34-88214/February 14,
2020]

In the Matter of the Financial Industry Regulatory Authority,
Inc. for an Order Granting the Approval of Proposed Rule Change, as
Modified by Amendment No. 2, To Establish a Corporate Bond New Issue
Reference Data Service (File No. SR-FINRA-2019-008); Order Granting
Petition for Review and Scheduling Filing of Statements

    This matter comes before the Securities and Exchange Commission
(``Commission'') on petition to review the approval, pursuant to
delegated authority, of the Financial Industry Regulatory Authority,
Inc. (``FINRA'') proposed rule change to establish a new issue
reference data service for corporate bonds.
    On April 2, 2019, the Commission issued a notice of filing of the
proposed rule change filed with the Commission pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\
and Rule 19b-4 \2\

thereunder.\3\ On May 22, 2019, a longer time period was designated
within which to act on the proposed rule change.\4\ On July 1, 2019,
proceedings were instituted under Section 19(b)(2)(B) of the Exchange
Act \5\ to determine whether to approve or disapprove the proposed rule
change.\6\ On October 3, 2019, FINRA filed partial Amendment No. 2 to
the proposed rule change.\7\ On October 4, 2019, the Commission issued
a notice of filing of Amendment No. 2 to the proposed rule change and,
pursuant to Section 19(b)(2) of the Exchange Act,\8\ a longer time
period was designated for Commission action on proceedings to determine
whether to approve or disapprove the proposed rule change.\9\ On
December 4, 2019, after consideration of the record for the proposed
rule change, the Division of Trading and Markets (``Division''),
pursuant to delegated authority,\10\ approved the proposed rule change,
as modified by Amendment No. 2 (``Approval Order'').\11\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Exchange Act Release No. 85488, 84 FR 13977 (Apr. 8,
2019).
    \4\ See Exchange Act Release No. 85911, 84 FR 24839 (May 29,
2019).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Exchange Act Release No. 86256, 84 FR 32506 (Jul. 8,
2019).
    \7\ Partial Amendment No. 1 was filed on October 3, 2019 and
subsequently withdrawn on the same day due to a non-substantive
administrative error; it was replaced with Amendment No. 2.
    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See Exchange Act Release No. 87232, 84 FR 54712 (Oct. 10,
2019).
    \10\ 17 CFR 200.30-3(a)(12).
    \11\ See Exchange Act Release No. 87656, 84 FR 67491 (Dec. 10,
2019).
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    On December 18, 2019, pursuant to Commission Rule of Practice
430,\12\ Bloomberg, L.P. (``Bloomberg'') filed a petition for review of
the Approval Order. Pursuant to Commission Rule of Practice 431(e), the
Approval Order is stayed by the filing with the Commission of a notice
of intention to petition for review.\13\ Pursuant to Rule 431 of the
Rules of Practice,\14\ the petition for review of the Approval Order of
Bloomberg is granted. Further, the Commission hereby establishes that
any party to the action or other person may file a written statement in
support of or in opposition to the Approval Order on or before March
16, 2020.
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    \12\ 17 CFR 201.430.
    \13\ 17 CFR 201.431(e).
    \14\ 17 CFR 201.431.
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    For the reasons stated above, it is hereby:
    Ordered that the petition of Bloomberg for review of the Division's
action to approve the proposed rule change by delegated authority be
GRANTED; and
    It is further Ordered that any party or other person may file a
statement in support of or in opposition to the action made pursuant to
delegated authority on or before March 16, 2020.
    It is further Ordered that the December 4, 2019, order approving
the proposed rule change, as modified by Amendment No. 2 (File No. SR-
FINRA-2019-008), shall remain stayed pending further order by the
Commission.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-03372 Filed 2-19-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77208-77211]
[FR Doc No: 2023-24616]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0648, FRL-11358-02-R2]

Approval and Promulgation of Implementation Plans; New York;
Elements of the 2008 and 2015 Ozone National Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New York
for purposes of certifying and meeting the requirements for Reasonably
Available Control Technology (RACT) for the Serious classification of
the 2008 and Moderate classification of the 2015 8-hour Ozone National
Ambient Air Quality Standards (NAAQS). The EPA is also approving that
this SIP revision fulfills SIP requirements pertaining to the Ozone
Transport Region (OTR) for the 2015 Ozone NAAQS. The EPA is approving
the demonstration portion of the comprehensive SIP revision submitted
by New York that certifies that the State has satisfied the
requirements for an Ozone nonattainment new source review program,
certifies that the State has satisfied the requirements for a
nonattainment emission inventory, and certifies that the State has
satisfied the requirements for clean fuels for fleets. In addition, the
EPA is approving New York's reasonable further progress plans and motor
vehicle emissions budgets for both the Moderate and Serious
classifications of the 2008 ozone NAAQS. These actions are being taken
in accordance with the requirements of the Clean Air Act.

DATES: This final rule is effective on December 11, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2022-0648. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., Controlled
Unclassified Information (CUI) (formally referred to as 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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3378, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed
action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On August 25, 2023 (88 FR 58202), the EPA proposed to approve a SIP
revision submitted by the State of New York on January 29, 2021, for
purposes of meeting the requirement for Reasonably Available Control
Technology (RACT) \1\ for the 2008 8-hour Ozone NAAQS in New York's
portion of the New York-Northern New Jersey-Long Island (NJ-NJ-CT)
nonattainment area (also referred to as the New York Metro Area or
NYMA) for the Serious classification. The EPA also proposed to approve
that same submittal for meeting New York's RACT requirements for the
2015 8-hour Ozone NAAQS in the NYMA and for meeting the State's
requirements for statewide RACT for the 2015 8-hour Ozone NAAQS within
the Ozone Transport Region (OTR). The State's January 2021 SIP
submittal consists of a RACT certification demonstration that New York
continues to meet the RACT requirements for the two precursors for
ground-level ozone, i.e., oxides of nitrogen (NOX) and
volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA
or Act) with respect to the 2008 and 2015 8-hour ozone standard.
Therefore, the EPA proposed to approve New York's January 2021 RACT SIP
submittal as it applies to non-control technique guideline (non-CTG)
major sources of VOCs, CTG sources of VOCs and to major sources of
NOX.
---------------------------------------------------------------------------

    \1\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
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    In the August 25, 2023, notice of proposed rulemaking, the EPA also
proposed to approve portions of a comprehensive SIP revision submitted
by the State of New York on November 29, 2021, certifying that the
State has satisfied the requirements for: (1) An Ozone nonattainment
new source review (NNSR) program which applies to NOX and
VOC emissions from stationary sources; (2) a nonattainment emission
inventory; and (3) clean fuels for fleets. The EPA also proposed to
approve New York's reasonable further progress plans and motor vehicle
emission budgets (transportation conformity budgets or Budgets) for the
Serious classifications of the 2008 Ozone NAAQS in the NYMA. In the
August 25, 2023, notice of proposed rulemaking, the EPA also proposed
to approve New York's reasonable further progress and transportation
conformity budgets for the Moderate classification of the 2008 Ozone
NAAQS in the NYMA, which was submitted by the State on November 13,
2017.
    In New York's January 29, 2021, RACT submittal for the Serious
classification of the 2008 Ozone standard, Moderate classification for
the 2015 Ozone Standard, and OTR requirements related to the 2015 ozone
NAAQS, New York recertified that its previously approved negative
declaration for various CTGs remain valid. New York certified that
there are no sources located in the State for the following six CTGs:
Manufacture of Vegetable Oils; Manufacture of High-Density
Polyethylene, Polypropylene and Polystyrene Resins; Natural Gas/
Gasoline Processing Plants; Air Oxidation Processes in Synthetic
Organic Chemical Manufacturing Industry; Fiberglass Boat Manufacturing
Materials; Agricultural Pesticides. In the August 25, 2023, notice of
proposed rulemaking, the EPA proposed that the State's negative
declaration for the six CTGs listed above remain valid and satisfies
the requirements for the 2008 Ozone NAAQS Serious classification, the
2015 Ozone Standard Moderate classification and requirements associated
with the OTR for the 2015 Ozone NAAQS. Therefore, within this action
the EPA is certifying that the previously approved State's negative
declaration remains valid for these six CTGs for the 2008 Ozone NAAQS
Serious classification, the 2015 Ozone Standard Moderate classification
and the requirements associated with the OTR for the 2015 Ozone NAAQS.
See 82

FR 58342 (December 12, 2017); 40 CFR 52.1683(a) and (b).
    The specific details of New York's SIP submittals and the rationale
for the EPA's approval action are explained in the EPA's proposed
rulemaking and are not restated in this final action. For this detailed
information, the reader is referred to the EPA's August 25, 2023,
proposed rulemaking (88 FR 58202).

II. What comments were received in response to the EPA's proposed
action?

    In response to EPA's August 25, 2023, proposed rulemaking on New
York's SIP revisions, the EPA received only one comment during the 30-
day public comment period. The specific comment may be viewed under
Docket ID Number EPA-R02-OAR-2022-0648 on the https://regulations.gov
website.
    Comment: A private citizen commenter living in the New York
Metropolitan Area supports the EPA's proposed approval of New York's
SIP revision because ``. . . approving this SIP would help push the
State of New York, especially the Metropolitan Area to closer meet the
8-hour Ozone NAAQS . . .'' and that ``. . . these new revisions all
overall help the betterment of the air quality in New York by providing
[the State] the programming and provisions needed to improve their air
quality and public health.''
    Response: The EPA acknowledges the commenter's support of the EPA's
proposed rule.
    This concludes our response to the comments received. No changes
have been made to the proposed rule as a result of the comments
received.

III. What action is the EPA taking?

    The EPA is approving New York's RACT certification submittal dated
January 29, 2021, for purposes of meeting the requirements for RACT for
the 2008 8-hour Ozone National Ambient Air Quality Standard (NAAQS or
standard) in New York's portion of the NY-NJ-CT nonattainment area for
the Serious classification. The EPA is also approving that this RACT
certification submittal also satisfies New York's requirement for RACT
for the 2015 8-hour Ozone NAAQS in the NYMA and the requirements for
RACT for the 2015 8-hour Ozone NAAQS throughout the State of New York's
commitment to meet RACT within the OTR.
    The EPA is also approving portions of a comprehensive SIP revision
submitted by New York on November 29, 2021, which includes: (1) The
reasonable further progress plan and transportation conformity budgets
for the 2008 8-hour Ozone Serious classification of the NYMA; (2) an
Ozone nonattainment new source review (NNSR) program which applies
state-wide for emissions to NOX and VOC emissions from
stationary sources; (3) an nonattainment emission inventory; and (4)
clean fuels for fleets.
    In addition, the EPA is also approving a portion of a comprehensive
SIP revisions submitted by New York on November 13, 2017, which include
New York's reasonable further progress plan and transportation
conformity budgets for the 2008 8-hour Ozone Moderate classification of
the NYMA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11,
2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
    In addition, this final rulemaking action, pertaining to New York's
submissions, is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have Tribal implications and will not impose substantial
direct costs on Tribal governments or preempt Tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The New York State Department of Environmental Conservation
(NYSDEC) did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart HH--New York

0
2. In Sec.  52.1670(e), in the table, add entries for ``2008 8-hour
Ozone Reasonable Further Progress Plan (RFP) for milestone year 2017;
2017 motor vehicle emission budgets used for planning purposes'',
``2008 8-hour Ozone Reasonable Further Progress Plan (RFP) for
milestone year 2020; 2020 motor vehicle emission budgets used for
planning purposes'', ``2008 8-hour Ozone Serious RACT Analysis and
Certification'', ``2015 8-hour Ozone RACT Analysis and Certification'',
``2008 8-hour Ozone Serious Nonattainment New Source Review
Requirements Certification'', ``2008 8-hour Ozone Serious nonattainment
emission inventory'', and ``2008 8-hour Ozone Clean Fuel for Fleets''
to the end of the table to read as follows:

Sec.  52.1670  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                 Applicable geographic     New York
      Action/SIP element         or nonattainment area  submittal date  EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 8-hour Ozone Reasonable    New York portion of         11/13/2017  11/9/2023,          Full
 Further Progress Plan (RFP)     the New York-Northern                   [insert Federal    approval.
 for milestone year 2017; 2017   New Jersey-Long                         Register
 motor vehicle emission          Island NY-NJ-CT 8-                      citation].
 budgets used for planning       hour ozone
 purposes.                       nonattainment area.
2008 8-hour Ozone Reasonable    New York portion of         11/29/2021  11/9/2023,          Full
 Further Progress Plan (RFP)     the New York-Northern                   [insert Federal    approval.
 for milestone year 2020; 2020   New Jersey-Long                         Register
 motor vehicle emission          Island NY-NJ-CT 8-                      citation].
 budgets used for planning       hour ozone
 purposes.                       nonattainment area.
2008 8-hour Ozone Serious RACT  New York portion of         01/29/2021  11/9/2023,          Full
 Analysis and Certification.     the New York-Northern                   [insert Federal    approval.
                                 New Jersey-Long                         Register           Certifies
                                 Island NY-NJ-CT 8-                      citation].         New York has met the
                                 hour ozone                                                 RACT requirements as
                                 nonattainment area.                                        it applies to non-
                                                                                CTG major sources of
                                                                                VOCs, all CTG
                                                                                sources of VOCs, and
                                                                                to major sources of
                                                                                NOX for the Serious
                                                                                2008 8-hour Ozone
                                                                                New York portion of
                                                                                the New York-
                                                                                Northern New Jersey-
                                                                                Long Island NY-NJ-CT
                                                                                8-hour ozone
                                                                                nonattainment area.
2015 8-hour Ozone RACT          Statewide and to the        01/29/2021  11/9/2023,          Full
 Analysis and Certification.     New York portion of                     [insert Federal    approval.
                                 the New York-Northern                   Register           Certifies
                                 New Jersey-Long                         citation].         New York has met the
                                 Island NY-NJ-CT 8-                                         RACT requirements as
                                 hour ozone                                                 it applies to non-
                                 nonattainment area.                                        CTG major sources of
                                                                                VOCs, all CTG
                                                                                sources of VOCs, and
                                                                                to major sources of
                                                                                NOX for the Moderate
                                                                                2015 8-hour Ozone
                                                                                New York portion of
                                                                                the New York-
                                                                                Northern New Jersey-
                                                                                Long Island NY-NJ-CT
                                                                                8-hour ozone
                                                                                nonattainment area.
                                                                                Certifies
                                                                                New York's
                                                                                commitment to meet
                                                                                RACT statewide
                                                                                within the Ozone
                                                                                Transport Region
                                                                                (OTR) for the 2015
                                                                                Ozone NAAQS.
2008 8-hour Ozone Serious       New York portion of         11/29/2021  11/9/2023,          Full
 Nonattainment New Source        the New York-Northern                   [insert Federal    approval.
 Review Requirements             New Jersey-Long                         Register
 Certification.                  Island NY-NJ-CT 8-                      citation].
                                 hour ozone
                                 nonattainment area.
2008 8-hour Ozone Serious       New York portion of         11/29/2021  11/9/2023,          Full
 nonattainment emission          the New York-Northern                   [insert Federal    approval.
 inventory.                      New Jersey-Long                         Register
                                 Island NY-NJ-CT 8-                      citation].
                                 hour ozone
                                 nonattainment area.
2008 8-hour Ozone Clean Fuel    New York portion of         11/29/2021  11/9/2023,          Full
 for Fleets.                     the New York-Northern                   [insert Federal    approval.
                                 New Jersey-Long                         Register
                                 Island NY-NJ-CT 8-                      citation].
                                 hour ozone
                                 nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
3. In Sec. 52.1683:
0
a. Remove the headings from paragraphs (f), (n), and (v); and
0
b. Add paragraph (w).
    The addition reads as follows:

Sec.  52.1683  Control strategy: Ozone.

* * * * *
    (w)(1) The January 29, 2021, New York Reasonably Available Control
Technology (RACT) analysis plan, submitted pursuant to the 2008 8-hour
ozone national ambient air quality standard (NAAQS) Serious
classification, which applies to the New York portion of the New York-
Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area is
approved as it continues to meet the RACT requirements for the two
precursors for ground-level ozone, i.e., oxides of nitrogen
(NOX) and volatile organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with respect to the 2008 8-hour ozone
standard.
    (2) The January 29, 2021, New York Reasonably Available Control
Technology (RACT) analysis plan, submitted pursuant to the 2015 8-hour
ozone national ambient air quality standard (NAAQS) Serious
classification, which applies to the entire State, including the New
York portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)
nonattainment area is approved as it applies to the Clean Air Act
control technique guidelines (CTG) requirements for major sources of
volatile organic compounds (VOC).
    (3) The reminder of New York's January 29, 2021, RACT analysis
plan, pursuant to the 2015 8-hour ozone NAAQS as applied to the entire
State, including the New York portion of the NY-NJ-CT moderate
nonattainment area, and as it applies to non-CTG major sources of VOCs
and to major sources of oxides of nitrogen (NOX), is
approved.
    (4) The November 29, 2021, New York plan submittal providing a
certification that the State has satisfied the requirements for an
ozone nonattainment new source review program as sufficient for
purposes of the State-wide 2008 8-hour ozone NAAQS Serious
classification, including the New York portion of the NY-NJ-CT
nonattainment area, is approved.
    (5) The Reasonable Further Progress Plans for milestone years 2017
and 2020 pursuant to the 2008 8-hour Ozone NAAQS, included in New
York's November 13, 2017, and November 29, 2021, State Implementation
Plan submittals for the New York portion of the New York-Northern New
Jersey-Long Island nonattainment area are approved.
    (6) The 2017 and 2020 motor vehicle emission budgets used for
transportation conformity purposes for the New York portion of the New
York-Northern New Jersey-Long Island nonattainment area contained in
New York's November 13, 2017, and November 29, 2021, SIP submittals are
approved.
    (7) New York's certification that the State has satisfied the
requirements for Clean Fuel for Fleets under the Clean Air Act for the
2008 8-hour Ozone NAAQS, included in the State's November 29, 2021, SIP
submittal for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area is approved.

[FR Doc. 2023-24616 Filed 11-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Proposed Rules]
[Pages 66790-66791]
[FR Doc No: 2012-27151]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1189]

Proposed Flood Elevation Determinations for Madison County, AL
and Incorporated Areas

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed rule concerning proposed flood elevation determinations
for Madison County, Alabama and Incorporated Areas.

DATES: This withdrawal is effective on November 7, 2012.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1189, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>,

or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 18, 2011, FEMA published a proposed
rulemaking at 76 FR 21695, proposing flood elevation determinations
along one or more flooding sources in Madison County, Alabama. FEMA is
withdrawing the proposed rulemaking and intends to publish a Notice of
Proposed Flood Hazard Determinations in the Federal Register and a
notice in the affected community's local newspaper following issuance
of a revised preliminary Flood Insurance Rate Map and Flood Insurance
Study report.

    Authority:  42 U.S.C. 4104; 44 CFR 67.4.

    Dated: September 27, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-27151 Filed 11-6-12; 8:45 am]
BILLING CODE 9110-12-P


RULE 802.	NEW SOURCE REVIEW
            (Adopted 4/17/1997, revised 8/25/2016)

A.	Applicability

	The purpose of New Source Review is to provide for the review of new and modified stationary sources of air pollution and provide mechanisms by which Authorities to Construct for such sources may be granted without interfering with the attainment or maintenance of any ambient air quality standard, preventing reasonable further progress towards the attainment or maintenance of any ambient air quality standard and without interfering with the protection of areas designated attainment or unclassifiable. This rule shall apply to any applicant for a new or modified stationary source which emits or may emit any affected pollutant.

B.	Exemptions

      1.	The provisions of this rule shall not apply to any existing stationary source which was previously exempt from the permit provision of these Rules and Regulations and a Permit to Operate is required solely because of a change in permit exemptions.

      2.	The Control Officer may exempt any equipment replacement from the offset requirements of Section E of this rule if:

      	a.	The replacement is functionally equivalent,

      	b.	There is no increase in the potential to emit of any air contaminant,

      	c.	The applicant applies Best Available Control Technology, and

      	d.	The replacement does not debottleneck the process (e.g., increase the system's production rate).

      3.	Projects that meet the requirements of Health and Safety Code sections 42301.2 or 42301.13 are exempt from the offset requirements of Section E of this rule. If such emission increases are later reduced or eliminated, the emission reduction shall not be considered surplus for the purpose of emission reduction credits.

      4.	Emergency standby generator, flood control, and firewater pump piston-type internal combustion engines are exempt from the offset requirements of Section E of this rule.

C.	Definitions

      See Rule 102, Definitions, and Rule 801, New Source Review  -  Definitions and General Requirements, for definitions.

D.	Requirements  -  Best Available Control Technology

      1.	An applicant shall apply Best Available Control Technology to a new or modified stationary source which has a potential to emit any nonattainment pollutant or its precursors which meets or exceeds any threshold specified in Table 1 or has a potential to emit any attainment pollutant or its precursors which meets or exceeds any threshold specified in Table 2. For the purposes of this section, "potential to emit" for modified stationary sources means the potential to emit from the project.

                             Table 1: Nonattainment Pollutant
                       Best Available Control Technology Thresholds

                                   Pollutant
                                  Pounds/day
Any nonattainment pollutant or its precursors (except carbon monoxide)

Carbon Monoxide  -  if designated nonattainment
                                      25

                                      150

                              Table 2: Attainment Pollutant
                       Best Available Control Technology Thresholds

                                   Pollutant
                                  Pounds/day
                                   Tons/year
Particulate Matter
PM10
PM2.5
Carbon Monoxide
Nitrogen Oxides (as Nitrogen Dioxide)
Sulfur Oxides (as Sulfur Dioxide)
Reactive Organic Compounds (ROCs)
Lead
Asbestos
Beryllium
Mercury
Vinyl Chloride
Fluorides
Sulfuric Acid Mist
Total Reduced Sulfur (including H2S)
Reduced sulfur compounds
Municipal waste combustor organics
Municipal waste combustor metals
Municipal waste combustor acid gases
All other attainment pollutants or precursors
                                      120
                                      80
                                      55
                                      500
                                      120
                                      120
                                      120
                                     3.28
                                     0.04
                                    0.0022
                                     0.55
                                     5.48
                                     16.4
                                     38.4
                                     54.8
                                     54.8
                                      --
                                      --
                                      --
                                      120
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                   0.0000035
                                      15
                                      40
                                      --

      2.	For any stationary source subject to a nonattainment pollutant Best Available Control Technology requirement, Best Available Control Technology shall be the more stringent of:

            a.	The most effective emission control device, emission limit, or technique which has been achieved in practice for the type of equipment comprising such stationary source; or

            b.	The most stringent limitation contained in any State Implementation Plan; or

            c.	Any other emission control device or technique determined after public hearing to be technologically feasible and cost-effective by the Control Officer.

      3.	For any stationary source subject to an attainment pollutant Best Available Control Technology requirement, Best Available Control Technology shall be an emission limitation based on the maximum degree of reduction achievable for each pollutant. Best Available Control Technology shall be determined on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs. Best Available Control Technology may consist of any of the following: application of alternative production processes, fuel cleaning or treatment, innovative fuel combustion techniques, or any other technique for control of each pollutant. In no event shall application of Best Available Control Technology result in emissions which would exceed the emissions allowed under the applicable New Source Performance Standards.
      4.	An applicant shall apply attainment pollutant Best Available Control Technology to a new source or modification of an existing major stationary source, for any emissions increase which would construct within 10 kilometers of a Class I area and which would have an impact on such area equal to or greater than 1 microgram per cubic meter (24-hour average).

E.	Requirements  -  Offsets Thresholds

      The applicant for a new or modified stationary source with a potential to emit of any affected pollutant or its precursors which is equal to or greater than any threshold shown in Table 3 shall mitigate the project's potential to emit by providing Emission Reduction Credits as qualified under Rule 806, Emission Reduction Credits. The applicant subject to offsets shall comply with the requirements in Rule 804, Offsets.

                             Table 3: Offset Thresholds

                                   Pollutant
                                  Pounds/day
                                   Tons/year

Carbon Monoxide  -  if designated nonattainment

Nonattainment pollutants and precursors (except carbon monoxide and PM2.5)

Attainment pollutants and precursors (except carbon monoxide and PM2.5)

                                      150

                                      --

                                      240

                                      25

                                      25

                                      --

F.	Requirements  -  Air Quality Impact Analysis Thresholds

      1.	The applicant for any new or modified stationary source with a potential to emit of any pollutant or its precursors which is equal to or greater than any threshold shown in Table 4 shall submit an Air Quality Impact Analysis with their application. The Air Quality Impact Analysis shall be conducted pursuant to Rule 805, Air Quality Impact Analysis, Modeling, Monitoring, and Air Quality Increment Consumption, and shall demonstrate to the satisfaction of the Control Officer that the emissions will not cause a violation or interfere with the expeditious attainment or maintenance of any ambient air quality standard or prevent reasonable progress towards the expeditious attainment or maintenance of any ambient air quality standard or cause any ambient air quality increment to be exceeded. For the purposes of this section, "potential to emit" for modified stationary sources means the potential to emit from the project. In addition, the Control Officer may require an Air Quality Impact Analysis for any new or modified stationary source that the Control Officer has determined has the potential to cause or contribute to a violation of any ambient air quality standard or increment. This paragraph shall not require an Air Quality Impact Analysis for the assessment of the effects of ozone precursor emissions on ozone.

               	Table 4: Air Quality Impact Analysis Thresholds

                                   Pollutant
                                  Pounds/day
                                   Tons/year
Particulate Matter
PM10
PM2.5
Carbon Monoxide
Nitrogen Oxides (as Nitrogen Dioxide)
Sulfur Oxides (as Sulfur Dioxide)
Reactive Organic Compounds (ROCs)
Lead
Asbestos
Beryllium
Mercury
Vinyl Chloride
Fluorides
Sulfuric Acid Mist
Total Reduced Sulfur (including H2S)
Reduced sulfur compounds
Municipal waste combustor organics
Municipal waste combustor metals
Municipal waste combustor acid gases
All other attainment or nonattainment pollutants or precursors
                                      120
                                      80
                                      55
                                      500
                                      120
                                      120
                                      120
                                     3.28
                                     0.04
                                    0.0022
                                     0.55
                                     5.48
                                     16.4
                                     38.4
                                     54.8
                                     54.8
                                      --
                                      --
                                      --
                                      120
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                      --
                                   0.0000035
                                      15
                                      40
                                      --

       2.	The applicant for a new or modified stationary source which has the potential to emit more than 20 pounds per hour of any attainment pollutant or total suspended particulates shall demonstrate to the satisfaction of the Control Officer through use of air quality models meeting the requirements of Rule 805, Section D.1 (Air Quality Models) and Rule 805, Section F (Requirements  -  Ambient Air Quality Standards and Air Quality Increments), that their emissions will not cause an ambient air quality standard or increment to be exceeded.

G.	Requirements  -  Air Quality Impact Analysis: Pre and Post-Construction Monitoring

      1.	The applicant for a new or modified stationary source which will have a potential to emit any attainment pollutant greater than a threshold shown in Table 5 shall conduct ambient air quality monitoring for at least one year before commencing construction.

            The Control Officer may exempt new non-major stationary sources or modifications from this requirement if there is sufficient data to determine the effects that the emissions from the stationary source or modification may have on air quality in the area.

                    Table 5: Attainment Pollutant Monitoring Thresholds

Pollutant
                                  Pounds/day
Particulate Matter
PM10
PM2.5
All other attainment pollutants
                                      120
                                      80
                                      55
                                      240

      2.	The applicant shall conduct post-construction monitoring until the Control Officer determines the effects of emissions from the stationary source or modification.

      3.	All monitoring shall comply with Environmental Protection Agency guidelines (see 40 CFR 58) and other instructions of the Control Officer.

      4.	Protection of Class I Areas

            The applicant for any new or modified stationary source shall conduct post-construction monitoring if all the following conditions are met:

            a.	The source will be within a Class I or Class I impact area,

            b.	The source will increase ambient pollutant concentration within the Class I area by one microgram per cubic meter (24 hour average), and

            c.	The source has the potential to emit over 100 tons per year of any attainment pollutant.

H.	Requirements  -  Visibility, Soils, and Vegetation Analysis

      For a new or modified stationary source with a potential to emit any attainment pollutant over any threshold shown in Table 5, the applicant shall provide the Control Officer with an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and of general commercial, industrial, and other growth associated with the source or modification.

I.	Requirements  -  Administration

      1.	Analysis, Notice and Reporting

            The Control Officer shall comply with the following requirements for any new or modified stationary source with an emission increase of any air pollutant (or its precursors) which is equal to or greater than any threshold shown in Tables 3 and 4 of this rule.

            a.	Make available for public inspection at the District's office the analysis of the effect of the source on air quality and the preliminary decision to grant or deny the Authority to Construct.

            b.	Publish a notice once by advertisement in at least one newspaper of general circulation in the District, stating where the public may inspect the information on the preliminary decision to grant an Authority to Construct. The notice shall provide 30 days for the public to submit comments on the application, beginning on the date of publication.

            c.	Notify the applicant, Air Resources Board, and adjoining air pollution control districts of the District's preliminary decision to grant the Authority to Construct. The notice will be provided in writing at the time of public notice. The Air Resources Board shall be provided an analysis support package for the determination.

            d.	Consider all comments submitted. If within the 30-day notice period the Control Officer receives a written request from the Air Resources Board to defer his or her decision pending that agency's review of the application, the Control Officer shall defer any decision for a period of 30 days from the date of such request. The Control Officer shall take final action on the application after considering all written comments.

            e.	The public notice will include notification of the opportunity for a public hearing and will indicate the anticipated degree of increment consumption. A public hearing may be called if sufficient interest is generated or if any aggrieved party so requests in writing within the 30-day comment period. All public hearings shall have a public notice issued at least 30 days prior to the hearing. After considering all comments, including those presented at any hearings held, the Control Officer will reach a decision and notify the applicant, Air Resources Board, adjoining air pollution control districts, and any person who has made a written request to be notified of the final decision. The Control Officer's notification of the final decision may be made electronically.

      2.	Conditional Requirements for Authority to Construct

            The Control Officer shall, as a condition for the issuance of an Authority to Construct for a new stationary source or modification and with the prior written consent of the applicant for any source which provides offsets:

            a.	Require that the new source or modification and any sources which provide offsets be operated in the manner assumed in making the analysis. The permit shall, if applicable, include an emissions limitation which corresponds with the application of Best Available Control Technology or innovative control technology.

            b.	Modify, or require modification of, the Authority to Construct and Permit to Operate for any source used to provide offsets to ensure that emission reductions at that source which provide offsets will be enforceable and maintained throughout the operation of the new or modified source which is the beneficiary of the offsets.

            c.	Permit any enforceable methods, other than those described in sub-section b), which will assure that all required offsets are achieved and meet the requirements of Rule 804, Offsets.

      3.	Issuance of Permit to Operate

            a.	The Control Officer shall issue a Permit to Operate if it is determined that:

                  1)	The new or modified stationary source will operate without emitting pollutants in violation of any applicable state, federal or local emission limitation or these Rules and Regulations; and

                  2)	The emissions of any pollutants from the new or modified stationary source are less than or equal to the emissions used by the Control Officer in granting an Authority to Construct; and

                  3)	The offsets required as a condition of the Authority to Construct will commence at the time of or prior to initial operations of the new source or modification, will be maintained throughout the operation of the new or modified source, and are enforceable. In the case of a new or modified source which will be, in whole or in part, a replacement for an existing source on the same property, the Control Officer may allow a maximum of ninety (90) days as a start-up period for simultaneous operation of the existing source and the new source or replacement; and

                  4)	All conditions specified in the Authority to Construct have been or will be complied with by any dates specified.

      4.	Denial of Authority to Construct

            The Control Officer shall deny an Authority to Construct for any new stationary source or modification, or any portion thereof unless the new source or modification, or applicable portion thereof, complies with the provisions of this rule and all other applicable District Rules and Regulations.

      5.	Offset Exemption Tracking

            The Control Officer shall prepare an annual report that lists all equipment units that have been exempted from offset requirements under the equipment replacement provisions in Section B.2. The report shall include a comparison of the emissions of the new equipment and the emissions of the replaced equipment. This report shall be made available to the public and the Air Resources Board.


[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Rules and Regulations]
[Pages 7964-7968]
[FR Doc No: 2018-03434]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0774; Product Identifier 2017-NM-036-AD; Amendment
39-19201; AD 2018-04-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2012-12-05,
which applied to all The Boeing Company Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes. AD 2012-12-05 required repetitive
inspections for cracking under the stop fittings and intercostal
flanges and for cracking of the intercostal web, attachment clips,
stringer splice channels, frame, reinforcement angle, shear web, frame
outer chord and inner chord; a one-time inspection to detect missing
fasteners; repetitive inspections of the cargo barrier net fitting for
cracking; repetitive inspections for cracking of the stringer S-15L aft
intercostal; and repair or corrective action if necessary. For certain
airplanes, this AD adds new repetitive inspections of certain areas of
the frame inner chord, and applicable on-condition actions. This AD was
prompted by reports of additional cracking in locations not covered by
the inspections in AD 2012-12-05. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective March 30, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 30,
2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of July
23, 2012 (77 FR 36139, June 18, 2012).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
September 9, 2009 (74 FR 38901, August 5, 2009).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0774.

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-
0774; 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 final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Docket 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: Galib Abumeri, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2012-12-05, Amendment 39-17084 (77 FR 36139,
June 18, 2012) (``AD 2012-12-05''). AD 2012-12-05 applied to all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. The NPRM published in the Federal Register on August 15,
2017 (82 FR 38637). The NPRM was prompted by reports of additional
cracking in locations not covered by the inspections in AD 2012-12-05.
The NPRM proposed to continue to require repetitive inspections for
cracking under the stop fittings and intercostal flanges and for
cracking of the intercostal web, attachment clips, stringer splice
channels, frame, reinforcement angle, shear web, frame outer chord and
inner chord; a one-time inspection to detect missing fasteners;
repetitive inspections of the cargo barrier net fitting for cracking;
repetitive inspections for cracking of the stringer S-15L aft
intercostal; and repair or corrective action if necessary. For certain
airplanes, the NPRM also proposed to add new repetitive inspections of
certain areas of the frame inner chord, and applicable on-condition
actions. We are issuing this AD to detect and correct fatigue cracking
of the intercostals on the forward and aft sides of the forward entry
door cutout, which could result in loss of the forward entry door and
rapid decompression of the airplane.

Comments

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

Support for the NPRM

    The Boeing Company supported the NPRM.

Effect of Winglets on Accomplishing the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental
Type Certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.

Request To Add AMOC Language

    Southwest Airlines (SWA) asked that a note be added to paragraph
(s) of the proposed AD to provide provisions for AMOCs previously
approved for AD 2012-12-05. SWA stated that the language in paragraph
(s) of the proposed AD does not account for AMOCs previously approved
for AD 2012-12-05.
    We agree with the commenter's request. We have added paragraphs
(s)(5) and (s)(6) to this AD to include approval of AMOCs previously
approved for AD 2012-12-05.

Change to Final Rule

    We have revised paragraph (r) of this AD to provide credit for the
actions specified in paragraphs (i), (j), and (m) of this AD, if those
actions were performed before September 9, 2009 (the effective date of
AD 2009-16-14, Amendment 39-15987 (74 FR 38901, August 5, 2009)), using
Boeing Special Attention Service Bulletin 737-53-1204, dated June 19,
2003.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously, and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1240, Revision 2,
dated November 2, 2016. The service information describes procedures
for, among other actions, repetitive inspections of the fastener holes
in the station (STA) 351.2 frame inner chord at stringer S-17L, and
applicable on-condition actions. 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.

Costs of Compliance

    We estimate that this AD affects 411 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections for cracking under     18 work-hours x $85              $0  $1,530 per           $628,830 per
 the stop fittings and              per hour = $1,530                    inspection cycle.    inspection cycle.
 intercostal flanges [retained      per inspection
 actions from AD 2012-12-05] (411   cycle.
 airplanes).
Inspection of areas forward of     2 work-hours x $85                0  $170 per inspection  $69,870 per
 the aft entry door [retained       per hour = $170                      cycle.               inspection cycle.
 actions from AD 2012-12-05] (411   per inspection
 airplanes).                        cycle.
Inspection of areas aft of the     1 work-hour x $85                 0  $85 per inspection   $34,935 per
 forward entry door [retained       per hour = $85 per                   cycle.               inspection cycle.
 actions from AD 2012-12-05] (411   inspection cycle.
 airplanes).
Inspection for missing fasteners   1 work-hour x $85               476  $561...............  $230,571.
 [retained actions from AD 2012-    per hour = $85.
 12-05] (411 airplanes).
Inspection of fastener holes (new  27 work-hours x $85               0  $2,295 per           $367,200 per
 action) (160 airplanes).           per hour = $2,295                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
are required based on the results of the inspections. We have no way of
determining the number of aircraft that might need these repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair of cracking done in accordance with   24 work-hours x $85 per hour =              $11,856         $13,896
 Boeing Alert Service Bulletin 737-53A1240.   $2,040.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that enables us to provide cost
estimates for the other on-condition corrective actions specified in
this 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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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)
2012-12-05, Amendment 39-17084 (77 FR 36139, June 18, 2012), and adding
the following new AD:

2018-04-06 The Boeing Company: Amendment 39-19201; Docket No. FAA-
2017-0774; Product Identifier 2017-NM-036-AD.

(a) Effective Date

    This AD is effective March 30, 2018.

(b) Affected ADs

    This AD replaces AD 2012-12-05, Amendment 39-17084 (77 FR 36139,
June 18, 2012) (``AD 2012-12-05'').

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracking of the station (STA)
348.2 frame above the two outboard fasteners attaching the frame
inner chord and door stop fittings, and in the outboard chord at
stringer S-16L; missing fasteners in the STA 348.2 frame inner
chord; and additional cracking in locations not covered by the
inspections in AD 2012-12-05. We are issuing this AD to detect and
correct fatigue cracking of the intercostals on the forward and aft
sides of the forward entry door cutout, which could result in loss
of the forward entry door and rapid decompression of the airplane.

(f) Compliance

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

(g) Retained Initial Compliance Time for Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2012-12-05, with no changes. For all Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, as identified in Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007:
Before the accumulation of 15,000 total flight cycles, or within
4,500 flight cycles after November 1, 2005 (the effective date of AD
2005-20-03, Amendment 39-14296 (70 FR 56361, September 27, 2005)
(``AD 2005-20-03'')), whichever occurs later: Do the inspections
required by paragraphs (i) and (j) of this AD.

(h) Retained Initial Compliance Time for Model 737-200C Series
Airplanes, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2012-12-05, with no changes. For all Model 737-200C series
airplanes, as identified in Boeing Alert Service Bulletin 737-
53A1204, Revision 1, dated March 26, 2007: Before the accumulation
of 15,000 total flight cycles, or within 4,500 flight cycles after
September 9, 2009 (the effective date of AD 2009-16-14, Amendment
39-15987 (74 FR 38901, August 5, 2009) (``AD 2009-16-14'')),
whichever occurs later, do the inspection required by paragraph (k)
of this AD.

(i) Retained Initial Inspection for Group 1 Configuration Airplanes,
With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2012-12-05, with no changes. For Group 1 airplanes identified in
Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated March
26, 2007: Perform a

detailed inspection for cracking of the intercostal web, attachment
clips, and stringer splice channels; and a high frequency eddy
current (HFEC) inspection for cracking of the stringer splice
channels located forward and aft of the forward entry door; and do
all applicable corrective actions before further flight; in
accordance with Parts 1 and 2 of the Work Instructions of Boeing
Special Attention Service Bulletin 737-53-1204, dated June 19, 2003,
or Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated
March 26, 2007; or in accordance with Parts 1, 2, 4, and 5 of the
Work Instructions of Boeing Alert Service Bulletin 737-53A1204,
Revision 2, dated June 24, 2010. After September 9, 2009 (the
effective date of AD 2009-16-14), and until July 23, 2012 (the
effective date of AD 2012-12-05), Boeing Alert Service Bulletin 737-
53A1204, Revision 1, dated March 26, 2007; or Boeing Alert Service
Bulletin 737-53A1204, Revision 2, dated June 24, 2010; may be used
to accomplish the actions required by this paragraph. As of July 23,
2012, only Boeing Alert Service Bulletin 737-53A1204, Revision 2,
dated June 24, 2010, may be used to accomplish the actions required
by this paragraph.

(j) Retained Initial Inspection for Cargo Configuration Airplanes
(Forward of the Forward Entry Door), With No Changes

    This paragraph restates the requirements of paragraph (l) of AD
2012-12-05, with no changes. For Group 2 cargo airplanes identified
in Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated
March 26, 2007: Perform a detailed inspection for cracking of the
intercostal webs and attachment clips located forward of the forward
entry door, and do all applicable corrective actions before further
flight, in accordance with Part 3 of the Work Instructions of Boeing
Special Attention Service Bulletin 737-53-1204, dated June 19, 2003,
or Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated
March 26, 2007; or in accordance with Part 3 of Boeing Alert Service
Bulletin 737-53A1204, Revision 2, dated June 24, 2010. After
September 9, 2009 (the effective date of AD 2009-16-14), and until
July 23, 2012 (the effective date of AD 2012-12-05), Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007; or
Boeing Alert Service Bulletin 737-53A1204, Revision 2, dated June
24, 2010; may be used to accomplish the actions required by this
paragraph. As of July 23, 2012, only Boeing Alert Service Bulletin
737-53A1204, Revision 2, dated June 24, 2010, may be used to
accomplish the actions required by this paragraph.

(k) Retained Initial Inspection for Cargo Configuration Airplanes (Aft
of the Forward Entry Door), With No Changes

    This paragraph restates the requirements of paragraph (m) of AD
2012-12-05, with no changes. For Group 2 cargo airplanes identified
in Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated
March 26, 2007: Perform a detailed inspection for cracking of the
intercostal webs and attachment clips located aft of the forward
entry door, and do all applicable corrective actions before further
flight, in accordance with Part 4 of the Work Instructions of Boeing
Alert Service Bulletin 737-53A1204, Revision 1, dated March 26,
2007; or in accordance with Part 3 of Boeing Alert Service Bulletin
737-53A1204, Revision 2, dated June 24, 2010. As of July 23, 2012
(the effective date of AD 2012-12-05), only Boeing Alert Service
Bulletin 737-53A1204, Revision 2, dated June 24, 2010, may be used
to accomplish the actions required by this paragraph.

(l) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (n) of AD
2012-12-05, with no changes. Repeat the inspections required by
paragraphs (i), (j), and (k) of this AD thereafter at intervals not
to exceed 6,000 flight cycles after the previous inspection, or
within 3,000 flight cycles after September 9, 2009, whichever occurs
later.

(m) Retained Exceptions to Boeing Alert Service Bulletin 737-53-1204,
With No Changes

    This paragraph restates the requirements of paragraph (o) of AD
2012-12-05, with no changes. Do the actions required by paragraphs
(g), (h), (i), (j), (k), and (l) of this AD by accomplishing all the
applicable actions specified in the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-53-1204, dated June
19, 2003; Boeing Alert Service Bulletin 737-53A1204, Revision 1,
dated March 26, 2007; or Boeing Alert Service Bulletin 737-53A1204,
Revision 2, dated June 24, 2010; except as provided by paragraphs
(m)(1) and (m)(2) of this AD. After September 9, 2009 (the effective
date of AD 2009-16-14), and until July 23, 2012 (the effective date
of AD 2012-12-05), Boeing Alert Service Bulletin 737-53A1204,
Revision 1, dated March 26, 2007; or Boeing Alert Service Bulletin
737-53A1204, Revision 2, dated June 24, 2010; may be used to
accomplish the actions required by this paragraph. As of July 23,
2012, only Boeing Alert Service Bulletin 737-53A1204, Revision 2,
dated June 24, 2010, may be used to accomplish the actions required
by this paragraph.
    (1) Where Boeing Special Attention Service Bulletin 737-53-1204,
dated June 19, 2003; Boeing Alert Service Bulletin 737-53A1204,
Revision 1, dated March 26, 2007; or Boeing Alert Service Bulletin
737-53A1204, Revision 2, dated June 24, 2010; specifies to contact
Boeing for repair instructions: Before further flight, repair using
a method approved in accordance with the procedures specified in
paragraph (s) of this AD.
    (2) Where Boeing Special Attention Service Bulletin 737-53-1204,
dated June 19, 2003; or Boeing Alert Service Bulletin 737-53A1204,
Revision 1, dated March 26, 2007; specifies a compliance time
relative to the date of a service bulletin, this AD requires
compliance relative to September 9, 2009 (the effective date of AD
2009-16-14). Where Boeing Special Attention Service Bulletin 737-53-
1204, dated June 19, 2003; or Boeing Alert Service Bulletin 737-
53A1204, Revision 1, dated March 26, 2007; specifies a compliance
time relative to the date of the initial release of a service
bulletin, this AD requires compliance relative to November 1, 2005
(the effective date of AD 2005-20-03).

(n) Retained Exceptions to Boeing Alert Service Bulletin 737-53A1204,
Revision 2, Dated June 24, 2010, With No Changes

    This paragraph restates exceptions to Boeing Alert Service
Bulletin 737-53A1204, Revision 2, dated June 24, 2010, specified in
paragraph (r) of AD 2012-12-05, with no changes.
    (1) The access and restoration instructions identified in the
Work Instructions of Boeing Alert Service Bulletin 737-53A1204,
Revision 2, dated June 24, 2010, are not required by this AD.
Operators may perform those actions in accordance with approved
maintenance procedures.
    (2) The use of Boeing Drawing 65-88700 is not allowed when
accomplishing the actions required by this AD in accordance with the
Work Instructions of Boeing Alert Service Bulletin 737-53A1204,
Revision 2, dated June 24, 2010.

(o) Retained Initial and Repetitive Inspections of the S-15L Aft
Intercostal and Cargo Barrier Net Fitting for Model 737-200C Series
Airplanes, With No Changes

    This paragraph restates the requirements of paragraph (s) of AD
2012-12-05, with no changes. For Group 2 airplanes identified in
Boeing Alert Service Bulletin 737-53A1204, Revision 2, dated June
24, 2010: Before the accumulation of 15,000 total flight cycles, or
within 4,500 flight cycles after July 23, 2012 (the effective date
of AD 2012-12-05), whichever occurs later, do initial detailed and
HFEC inspections for cracking of the S-15L aft intercostal between
body station (BS) 348.2 and BS 360, and do a detailed inspection of
the cargo barrier net fitting at the intercostal, in accordance with
Figure 3 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1204, Revision 2, dated June 24, 2010. If any
cracking is found, before further flight, repair using a method
approved in accordance with the procedures specified in paragraph
(s) of this AD. Repeat the inspections thereafter at intervals not
to exceed 6,000 flight cycles.

(p) Actions for Boeing Alert Service Bulletin 737-53A1240, Revision 2,
Dated November 2, 2016, Including New Repetitive Inspections of Certain
Fastener Holes

    (1) For airplanes identified as Group 1 and Group 3 in Boeing
Alert Service Bulletin 737-53A1240, Revision 2, dated November 2,
2016: Except as required by paragraph (q) of this AD, at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1240, Revision 2, dated
November 2, 2016, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1240, Revision 2, dated November 2, 2016.
    (2) For airplanes identified as Group 2 in Boeing Alert Service
Bulletin 737-53A1240, Revision 2, dated November 2, 2016: Within 120
days after the effective date of this AD, do actions to correct the
unsafe condition using a method approved in accordance with

the procedures specified in paragraph (s) of this AD.

(q) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1240, Revision 2,
dated November 2, 2016, uses the phrase ``after the Revision 2 date
of this service bulletin,'' for purposes of determining compliance
with the requirements of this AD, the phrase ``after the effective
date of this AD'' must be used.
    (2) Where Boeing Alert Service Bulletin 737-53A1240, Revision 2,
dated November 2, 2016, specifies contacting Boeing, and specifies
that action as RC: This AD requires using a method approved in
accordance with the procedures specified in paragraph(s) of this AD.

(r) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraphs (i), (j), and (m) of this AD, if those actions were
performed before September 9, 2009 (the effective date of AD 2009-
16-14, Amendment 39-15987 (74 FR 38901, August 5, 2009)), using
Boeing Special Attention Service Bulletin 737-53-1204, dated June
19, 2003.
    (2) This paragraph provides credit for the actions specified in
paragraph (p) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 737-
53A1240, Revision 1, dated June 29, 2010, provided the conditions
specified in paragraphs (r)(2)(i) and (r)(2)(ii) of this AD are met
and except as provided by paragraph (r)(2)(iii) of this AD. Boeing
Alert Service Bulletin 737-53A1240, Revision 1, dated June 29, 2010,
was incorporated by reference in AD 2012-12-05.
    (i) Note 1 of paragraph 3.A of the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-53A1240, Revision 1, dated June
29, 2010, was disregarded when accomplishing the actions.
    (ii) Boeing Drawing 65-88700 was not used when accomplishing the
actions in accordance with the Work Instructions of Boeing Alert
Service Bulletin 737-53A1240, Revision 1, dated June 29, 2010.
    (iii) The access and restoration instructions identified in the
Work Instructions of Boeing Alert Service Bulletin 737-53A1240,
Revision 1, dated June 29, 2010, are not required. Operators are
allowed to perform those actions in accordance with approved
maintenance procedures.

(s) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (t)(1) of this AD. Information
may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the 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 the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) Except as required by paragraph (q)(2) of this AD: For
service information that contains steps that are labeled as RC, the
provisions of paragraphs (s)(4)(i) and (s)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
    (5) AMOCs approved previously for AD 2012-12-05 are approved as
AMOCs for the corresponding provisions of paragraphs (g) through (o)
of this AD.
    (6) AMOCs approved previously for AD 2012-12-05 are approved as
AMOCs for the corresponding provisions of Boeing Alert Service
Bulletin 737-53A1240, Revision 2, dated November 2, 2016, that are
required by paragraph (p)(1) of this AD.

(t) Related Information

    (1) For more information about this AD, contact Galib Abumeri,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5324; fax:<PHONE_NUMBER>; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (u)(6) and (u)(7) of this AD.

(u) 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
March 30, 2018.
    (i) Boeing Alert Service Bulletin 737-53A1240, Revision 2, dated
November 2, 2016.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
July 23, 2012 (77 FR 36139, June 18, 2012).
    (i) Boeing Alert Service Bulletin 737-53A1204, Revision 2, dated
June 24, 2010.
    (ii) Reserved.
    (5) The following service information was approved for IBR on
September 9, 2009 (74 FR 38901, August 5, 2009).
    (i) Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated
March 26, 2007.
    (ii) Reserved.
    (6) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com.
    (7) You may view this service information at FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (8) 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 February 9, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-03434 Filed 2-22-18; 8:45 am]
 BILLING CODE 4910-13-P